Do I need to pay?

FormerSpender

I have recently been hounded by Cabot for a CCJ filed against me in 2010 against a credit card.
I have had no contact since 2010 and the CCJ has now dropped off my credit file. Cabot then asked a doorstep collector to call and after this I asked the local council for a copy of the CCJ as I coukd not remember it. It's been almost 9 years. The court sent me a copy of the judgment for claimant dated May 2010. But as I say, I have little memory of this and have had no contact since and not made any payments.
Now I have a letter from a company called Robinson Way saying that they have been appointed as the collection agency by Cabot financial and asking me to contact them.
I'm not in a position to pay the amount in full and after this amount of time I would rather not pay at all.
So the big question is, can I make this go away or do I have to pay? And who should I be paying? My debt surely is with the original lender, not Cabot or this new company?
Please help, I find such a mixture of answers online.
Thank you in advance

[Deleted User]

Your payment needs to go to the current owner of the debt, or their appointed agent. In your case, this is Robinson Way.

The CCJ remains enforceable, so come to a repayment agreement with them.

John_G_Jones

Why is your debt “surely” with the original lender?

You’ve had a decade of free use of the money, it’s time to settle what you owe and put it behind you.

sourcrates

Hi,

CCJ’s do not just go away, they remain enforceable for 6 years, after 6 years, your creditor must seek the courts permission to further enforce the judgement, when debts are sold, the new owner inherits all rights and privileges of the original creditor, so your debt is valid.

If you don’t make an arrangement to pay, Cabot could still take further action against you, if the court agrees.

Just_Di

FormerSpender wrote: »

I have recently been hounded by Cabot for a CCJ filed against me in 2010 against a credit card.
I have had no contact since 2010 and the CCJ has now dropped off my credit file. Cabot then asked a doorstep collector to call and after this I asked the local council for a copy of the CCJ as I coukd not remember it. It's been almost 9 years. The court sent me a copy of the judgment for claimant dated May 2010. But as I say, I have little memory of this and have had no contact since and not made any payments.

Now that you have a copy of the Judgment Order was it a Default Judgment because you didn't file the Acknowledgment of Service or Defence by the court deadline? Or did it go to Trial with or without you present?

Was the claim served on an address where you were living at the time? If not then you may be looking at a set-aside of the CCJ. More information needed on this point.

If the CCJ was obtained by the original creditor (who was that?) then Cabot will have to evidence that the debt was subsequently assigned to them lawfully.

Is the debt owner Cabot Financial Ltd or Cabot Financial (UK) Ltd or perhaps MFS (Marlin)? It makes a difference to their chances of successfully chasing you for this debt.

Di

FormerSpender

Hi Di,
The copy I have from the county court is titled "Judgement for Claimant" (acceptance)
It says that I made an offer of payment at £50 a month from June 2010, but I don't remember this.
It was addressed to where I was living at the time, i have subsequently moved and a hand written label with my new address has been stuck over the former address.
The letter from Robinson Way says they have been appointed as the collection agent by Cabot financial (Ex Yorkshire Bank) and there is a letter from Cabot enclosed that states the original lender was Yorkshire Bank - Credit Card Clydesdale Bank PLC Trading As Y (KH DP)

The only info on Cabot is at the bottom where it says Cabot financial (europe) is an appointed representative of Cabot credit management group limited

Does this change anything?

FormerSpender

As it has been over 8 years since the CCJ though is it worth contacting Robinson Way and saying that they need to go back to the court to enforce this as the 6 years is up?

[Deleted User]

No you still need to pay - there's no getting around it