Cabot claiming debt repayment - want to understand options

faved

Hi all,

About 3 months ago I started to get letters from cabot about a debt I apparently had from Black Horse in 2003, that I didn't recognise. So I choice to ignore it as spam (note here I did have some money problem back then - but I don't remember this... long time ago)

Then I had a letter and an attempted visit from a collection agency (which I wasn't too happy about considering current climate) As I didn't recognise it and it was a very long time ago, my wife sent them a statute barred letter and asked them to consider it closed.

Today I received their reply, which states, that in 2006 a CCJ was created with a reference, and given this fact the debt can not be statute barred. I have looked and done numerous searches on Trustonline at all of my previous addresses, but there is no record of this CCJ reference - as it was 14 years ago I really can not recall. 

They have given me 21 days to get in touch to setup a repayment or the collection agency will be around again..

The issue I have is, that is not about the money, the debt is only £800 and I would probs offer 50p in the pound or just clear it. It is this out of blue no contact for many years, here's a CCJ reference you MUST pay, that I have a problem with. How can I be sure that they are not just making it up or something, if I can't find the CCJ that this reference is reffering to?

Any advice is appreciated, if it turns out my only option is to pay it then I will, I just wanna make sure that I am not getting scammed out of some money.

thanks

Alan

sourcrates

CCJ ‘s only stay on file for 6 years.
They are correct that once legal action has been taken, the limitation act no longer applies.
However, Cabot would need court permission now to further enforce this debt, as 6 years is deemed long enough, 14 years is taking the mick.

faved

sourcrates said:

CCJ ‘s only stay on file for 6 years.
They are correct that once legal action has been taken, the limitation act no longer applies.
However, Cabot would need court permission now to further enforce this debt, as 6 years is deemed long enough, 14 years is taking the mick.

Thanks, but is this a risk worth taking? my concern here is I finally have a good credit rating, just brought a house last year and need/want to remortage next year. If I state to them that they need the court permission (I am not sure how to word that) and the court agree can it have an impact on my credit rating?

thanks for the response

sourcrates

Nope, not any longer, only the CCJ affects your credit file, it’s long gone, that’s it credit file wise.
Cabot can ask you to pay, but can’t force you, unless they go back in front of a judge.

Judge will likely say, you’ve had 14 years to enforce this judgement why have you not done so ?

Cabot will have to think of some rubbish to tell them, it’s not going to happen, as each stage of enforcement costs them more money.

The choice is yours, either play mind games with them, or pay them, the details of the judgement will be long gone by now.

sleepyjones

@sourcrates Would it be worth sending a "Prove it" letter?

sourcrates

sleepyjones said:

@sourcrates Would it be worth sending a "Prove it" letter?

Not really, once they have judgement against you, they no longer have to provide any evidence of the debt, as a court has decided you owe it and thats that.

nic_c

Have you been in the UK for the past 14 years? 
I agree I can't see a Judge willing to allow further action if you have been in the UK and they haven't done sufficient trace or enforcement action by now. Been overseas or in jail could be a reason, but otherwise looks like they have had the opportunity and not done anything.
It's probably in there dormant list they send out stuff periodically seeing if they can get a bite.