Cabot, old CCJ - passed to Resolvecall

ColonelSanders

Hi all, 

Hoping for a bit of advice here. I had a CCJ issued in Jan 2016 (nearly 6 years!). At the time I wasn't aware of the debt and after a few months of trying to speak to the debt owner (Me III Ltd. at the time) with no response I gave up as nobody was chasing for payment. 

I've not heard anyhting about it since until recently, when Cabot have been in touch, who I've ignored, and have now advised theyre passing to resolvecall. Have seen all the threads on how to deal with RC so all ok with that. I'm just wondering though, as this is for an old CCJ, which has already been through the courts, is sending a Prove-It letter request pointless? Surely they must have my original signed agreement? 

Suppose i'm hoping they dont and are just pushing as its nearly 6 years old? I'll get one sent as soon as RC leave a card if its deemed worth it.

Thanks in advance!

sourcrates

Once legal action has been taken, it removes the creditors obligation to provide any proof of liability, as a court has found you liable already, so that`s as you say, a pointless move.

They won`t have any signed agreement, they never do, it, if it exists, always stays with the original creditor, but again, the above applies to this as well.

The only thing in your favour is if it goes over the 6 year mark, Cabot will need court approval to further enforce this debt, something that may not be granted, unless you have been living on the moon, 6 years is normally deemed to be sufficient time to collect a debt.

ColonelSanders

Cheers Sourcrates, appreciate it.

doesn't look like i'll get to the 6 year mark now, if resolvecall turn up 

Will wait and see if they do

fatbelly

Resolvecall aren't bailiffs - just collectors. If this is a consumer credit act debt then they would have to use court bailiffs if the owner wanted to enforce the debt that way. When sourcrates mentioned enforcement he meant by bailiffs, attachment to earnings, charging order or third party debt order, ie court-ordered enforcement.

ColonelSanders

So, the Resolvecall letter turned up today. The debt is 6 yrs oldin a month but I'm confident it wont get that far now! Anybody know their likely next move if I wait until after xmas to give them a call?

To confirm, I haven't just been trying to ride this out, spent a lot of time and effort when the CCJ was first issued trying to find out what it was for and who it was from. Even made a couple of payments initially out of fear, but then it went quiet for 5 years!

fatbelly

The only reason it won't get that far is if you pay it off. 


We're not talking about statute barring here. We're talking about the right to use court enforcement as described above.


Their likely next move? More letters. That's all they've got.

ColonelSanders

fatbelly said:

The only reason it won't get that far is if you pay it off. 


We're not talking about statute barring here. We're talking about the right to use court enforcement as described above.


Their likely next move? More letters. That's all they've got.

Thanks, well its already a CCJ so even without further enforcement they could still just chase me forever then in theory? As it's already been through the courts and issued the "6 years" really doesnt mean anything if I understand it correctly?

fatbelly

It means they can't use court enforcement without specific permission of the court, as described previously. Can they write letters to you forever? Yes