Debt Collector chasing 10 year old Credit Card debt

simon50

Hi, 
I hope you can advise, please when you get chance.

I had a credit card with the bank of Ireland [Post Office] over 10 years ago - A debt collection company called Cabot contacted me last month to arrange repayments. I told them that I remember receiving a letter around 2011 indicating that they were not pursuing the debt. At the time I also had three other debts with RBS and Natwest, which I arranged a repayment amount and paid.
I also advised that the limitations period had now passed, since I have not been in touch with anyone about this debt for approx 10 years.

They advised that they would pass the debt back to BOI, which they have done. 

I ran a check on my credit report on Experian and Check my File - perfect credit scores, and I can't find any reference to a CCJ.
From what I have read, they cannot pursue the debt after six years, but it is still recoverable if they had a CCJ against me originally [over 6 years ago]... is that correct?

If that is correct, how do I check if I have an old CCJ from 10years ago?
Experian and Check my File only go back 6 years...

Any advice on what to do or how to deal with BOI is really appreciated, thanks

best,
Simon

[Deleted User]

A CCJ can be enforced after 6 years but they would have to justify to a court why they took that long to start trying to get it.

You can check for old CCJs here though you will have to pay. Might be able to try the statute barred line and see if they can produce the CCJ though

simon50

Thanks Farfetch, I will follow the link.

Would you advise I contact BOI myself now, to push that the debt is statute barred  or wait to see what they do?

thanks,
Simon

[Deleted User]

See who has the CCJ (if it exists) before doing anything
If Cabot bought the debt after say 5 years and applied for a CCJ then you'll have to argue it with them, if there is no CCJ then send the statute barred defence

MalMonroe

"If that is correct, how do I check if I have an old CCJ from 10years ago?" - surely that's something for the BOI to do? They don't seem to have any proof. If they do, they should have provided it before they contacted debt collectors. 

I'd just wait and see what, if anything, BOI does next. They can't just say you owe them money and expect you to cough up without providing proof of the debt. If they could, we'd all be trying that. 'Prove it', is what I'd say to them if they came back to me - and let them get on with it.

simon50

Thank you again, I can't find any ref to a CCJ for the address suing TrustOnline.

Apparently Cabot bought the debt in July last year, but have since written  [after my conversation with them] to confirm:

"We acknowledge that the above account is statute barred and so governed by the Limitation Act 1980. Under the Financial Conduct Authority Consumer Credit Source Book. It is acknowledged that in England... etc a statute barred debt still exists and is recoverable where contact has been maintained during the limitation period..... your account has been withdrawn from our regular collections process."

The letter goes on to say that they have written to BOI...
"...I will also forward the aspect of your complaint regarding BIO's actions to them to investigate and respond to you directly."
[my complaint was because I had been advised they would not pursue the debt 10 years ago and now receive a letter out of the blue]

I don't really understand the procedures and what can and can't be done by me or a creditor, even one from 10 years ago. If you think I should be doing something, please say.

Does this sound like good news? or could BOI just send round a couple of bailiffs?

thanks,
Simon

sourcrates

Cabot have bought your debt, the original creditor, Bank of Ireland has washed their hands of it, and no longer have any say in its collection.

You mention the debt being 10 years old, so you believe it would be statute barred, and Cabot have confirmed as such, then you randomly throw in the sentence about a CCJ.

Where did that come from ???

Cabot have confirmed its statute barred, that should be the end of the matter, BOI no longer have any interest in this debt whatsoever, because they have sold it, along with all their rights and privileges.

As for a potential CCJ, there would be no trace anywhere after 10 years, so don`t go poking around this too much, if Cabot say there not going to pursue it, leave it at that.

simon50

Thank you!
Everyone, thank you for your help, at least tonight I will sleep a lot better.

Too be honest - the CCJ was probably my overthinking everything - something I tend to do when trying to make sure I'm aware of the worst case scenario.

Again, thank you for your help.

best,
Simon

[Deleted User]

MalMonroe said:

"If that is correct, how do I check if I have an old CCJ from 10years ago?" - surely that's something for the BOI to do? They don't seem to have any proof. If they do, they should have provided it before they contacted debt collectors. 

I'd just wait and see what, if anything, BOI does next. They can't just say you owe them money and expect you to cough up without providing proof of the debt. If they could, we'd all be trying that. 'Prove it', is what I'd say to them if they came back to me - and let them get on with it.

Please stop giving false information

BOI have sold the debt to Cabot who would have the CCJ (if one exists), if BOI took out the CCJ, they would be the ones enforcing it