We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Cahoot CCJ?

Options
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.

Comments

  • MattMattMattUK
    MattMattMattUK Posts: 11,167 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    col81 said:
    I was hoping to not pay for a good while and be offered a low settlement.
    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?
  • 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. 
  • PixelPound
    PixelPound Posts: 3,058 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    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.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.