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Cahoot CCJ?
col81
Posts: 338 Forumite
I have a debt with Cahoot for £1300 i stopped paying 3 months ago and asked for the CCa they have sent me the CCA and have threatened a CCj unless i start paying again i had a default for this 5 years ago. Should i ignore them or offer a token gesture each month. I don't want a CCJ and i am not sure how serious they are. I was hoping to not pay for a good while and be offered a low settlement.
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Comments
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Why would they do that when they can obtain a CCJ for the full amount and all the costs of the CCJ and it's enforcement fall on you?col81 said:I was hoping to not pay for a good while and be offered a low settlement.0 -
They are legally entitled to take you to court and you have the right to defend yourself.
As you've been making payments up until recently you'd have a tough case to argue even in the absence of a CCA. You were clearly content with paying the liability for a long time, implicating agreement to the liability you have towards them.
A debt doesn't become statute barred until six years have passed from when you last paid them or otherwise admitted liability for the debt.
If you're experiencing genuine financial hardship and honestly can only afford a certain amount each month, talk with them about this, and they'll willingly accept whatever amount you can reasonably afford monthly.0 -
They have the CCA and it's probably safe to say they have enough evidence to show you are liable and so I doubt they would settle for anything less than the full amount.
The default being 5 years ago is irrelevant as you were paying up until a few months ago, when it comes to statute of limitations.
If you are financially struggling then it is a case of seeing if they will agree to a more affordable plan, however if it's a case of you hoping that by not paying they will suddenly offer you a partial settlement, I can't see that happening. They have already gone back to the original creditor to get the CCA, I'm sure they would have also requested other proof like statements now, if they did not have them prior.0
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