Cabot Chasing Credit Card Debt from 2012

Jackster111

Hi I received a letter from Cabot stating that I owe £7126 credit card debt. I sent them a statute barred letter and they replied saying that a CCJ that I was totally unaware of, was issued in Jan 2015 and statute barred does not apply. They also tried to serve an attachment of earnings at the same time, but this was not granted. Apparently the CCJ was issued at Northampton. I was living at Doncaster at the time. I have been in Scotland since 2016. 
As far as I am aware the CCJ being 7 and a half years old should now be clear? Can they apply for another CCJ? 

Many thanks for any input.

[Deleted User]

Jackster111 said:

Hi I received a letter from Cabot stating that I owe £7126 credit card debt. I sent them a statute barred letter and they replied saying that a CCJ that I was totally unaware of, was issued in Jan 2015 and statute barred does not apply. They also tried to serve an attachment of earnings at the same time, but this was not granted. Apparently the CCJ was issued at Northampton. I was living at Doncaster at the time. I have been in Scotland since 2016. 
As far as I am aware the CCJ being 7 and a half years old should now be clear? Can they apply for another CCJ? 

Many thanks for any input.

Northampton is the standard court for these, you wouldn't get it from a court in Doncaster. 

CCJ are not statute barred but the firm would need to apply to court to enforce it after so long, after 6 years it's unusual for it to be approved but if they can show they have been trying to trace you and you have been hiding from the debt it's different. They cannot get another CCJ for the same debt, but they don't need to. If the debt is yours and the CCJ was correctly applied for you'll need to engage with them e.g. getting proof they have the right to enforce it, I would suggest also engaging with someone like DebtLine for advice

Have a read: 

https://debtcamel.co.uk/worried-about-debt/ccj/
https://debtcamel.co.uk/help-ccj/

 The CCJ will have dropped from your credit file after 6 years

Jackster111

@Farfetch, thank you very much, I have not seen any proof that they have. They gave me a set of dates for which I held a bank account but not the card. Should I send a prove it letter? 

[Deleted User]

A prove it letter wouldn't really be suitable here (assuming you accept the debt is yours and that it is unpaid) because if they have a CCJ the debt is considered valid and they would presumably have got approval to enforce it after this time, then it's accepted the debt is valid. A prove it is normally used when the debt isn't yours, when it's close to the 6 years but no CCJ. Here, you want them to prove they can collect on the debt as they clearly aren't buying the statute barred letter. I think speaking to someone like Debtline would be sensible though @sourcrates is a good one to ask, hopefully they will respond

sourcrates

Once they have judgement against you, there is no further obligation to provide any proof of liability, as a court has deemed you liable by default.

As the judgement is over 7 years old, court permission would be needed to further enforce this, as enforcement was refused in 2015, strange as it seems, it`s unlikely they will get permission now, but you never know.

Choice is yours, wait and see what Cabot do next, or make payment arrangements, a set aside now is unlikely to succeed.

Jackster111

@sourcrates Thank you very much.

sleepyjones

With a debt that old you might find they'll take a lower amount just to be done with it, so you could maybe ask them for a settlement amount (which would  generally be a lot lower than the actual amount you "owe")

allthethings

If you do ask for a lower settlement (assuming you have the money and the will to do that!) make VERY sure that they consider the matter settled AND they mark your account as settled. I tried this when Egg did a similar weird thing... and Egg took money in good faith, but then came back for another go about five years after that. They had zero grounds but I still had six months of hassle I could have done without, because the first "settled" letter had been extremely deviously written so that it didn't quite count.

Bit confused about what they are trying to achieve here - if they've already had attachment of earnings fail, are they even allowed a second attempt? If not, what does "enforcement" even mean? 

sourcrates

allthethings said:

Bit confused about what they are trying to achieve here - if they've already had attachment of earnings fail, are they even allowed a second attempt? If not, what does "enforcement" even mean? 

They want his money, simple as that.

Companies such as this want you to think they have more powers of enforcement than they actually have, and hope you are unaware of protocol.