Debt over 6 years but Cabot saying not statute barred.

cleofish

Hi I sent a statute barred letter to Cabot financial for a debt that was well over 6 years but they have continued to hound me by letter and even telephoning my parents who I no longer live with. 

I have had a reply today and one part says: 

‘Legal proceedings were then initiated on 8 July 2015 under the reference xx (they give a number but no court name). 

And you would have received documentation which needed to be completed and returned directly to the court (I didn’t receive anything). 

However the CCJ was not obtained, due to the time passed, I am unable to
clarify why the CCJ was not obtained against you.’

then it says the account was returned to them in 2016. 

Then they say:
’ as legal action was initiated this prevents an account from becoming statue barred despite a CCJ not being obtained’

is this right as there is no CCJ? 

There is nothing on my credit file and I’ve searched the case reference on the register website and there is nothing for that number either. 

I am worried as they have said: 
‘ I will hold your account for 21 days’ and if they don’t hear from me they will send it to an external agent to resume contact. 

Can they still enforce the debt even though the CCJ was never obtained and it’s been over 6 years since they started the legal procedure anyway? 

I can’t find anything online with the reference number that even brings up a CCJ never mind if a decision was made? 

I would be grateful for any help. 

Thanks 

magpies79

I suppose the word initiated and granted mean completely different things and in your case will determine what happens going forward but more knowledge people will definitely comment soon.

for me they can claim they initiated what they like I would assume a CJJ is either granted or not so by going off what they have stated in there own letter there isn’t a CCJ for this debt.

when was your last payment for this debt is it under 6 years?

And on a side note if a CCJ was granted back in 2015 it’s long gone so you wouldn’t find anything on your credit file

fatbelly

If what they say is true then technically it would not be statute barred. However it is not likely that a court would allow them to resurrect a claim from 9 years ago. They may not even have a record.

Try asking Northampton Court if they have any record of a claim under that reference.

 caseprogression.ccbc@justice.gov.uk

If the answer comes back negative, pass this on to Cabot and suggest they give up.

cleofish

magpies79 said:

I suppose the word initiated and granted mean completely different things and in your case will determine what happens going forward but more knowledge people will definitely comment soon.

for me they can claim they initiated what they like I would assume a CJJ is either granted or not so by going off what they have stated in there own letter there isn’t a CCJ for this debt.

when was your last payment for this debt is it under 6 years?

And on a side note if a CCJ was granted back in 2015 it’s long gone so you wouldn’t find anything on your credit file

Hi, thank you for getting back. A payment if any as I was in a bad place would have been originally made to Lloyds but nothing to debt collectors so definitely older than 6 years. 

I’ve been checking my credit file for some time and a CCJ has never appeared and I’ve not had paper work either, however I suppose it could have gone to an old address without me knowing but I have not had anything on my credit file. 

Do you think it’s worth contacting Cabot asking for paperwork in regards to the CCJ or just stay away from them until I hear anything back from the court like the other person suggests? 

cleofish

fatbelly said:

If what they say is true then technically it would not be statute barred. However it is not likely that a court would allow them to resurrect a claim from 9 years ago. They may not even have a record.

Try asking Northampton Court if they have any record of a claim under that reference.

 caseprogression.ccbc@justice.gov.uk

If the answer comes back negative, pass this on to Cabot and suggest they give up.

Thank you for getting back and helping. 

I will contact the court today and see what they say, should I also send a SAR to Cabot or leave well alone for the time being? 

Thanks 

magpies79

cleofish said:

magpies79 said:

I suppose the word initiated and granted mean completely different things and in your case will determine what happens going forward but more knowledge people will definitely comment soon.

for me they can claim they initiated what they like I would assume a CJJ is either granted or not so by going off what they have stated in there own letter there isn’t a CCJ for this debt.

when was your last payment for this debt is it under 6 years?

And on a side note if a CCJ was granted back in 2015 it’s long gone so you wouldn’t find anything on your credit file

Hi, thank you for getting back. A payment if any as I was in a bad place would have been originally made to Lloyds but nothing to debt collectors so definitely older than 6 years. 

I’ve been checking my credit file for some time and a CCJ has never appeared and I’ve not had paper work either, however I suppose it could have gone to an old address without me knowing but I have not had anything on my credit file. 

Do you think it’s worth contacting Cabot asking for paperwork in regards to the CCJ or just stay away from them until I hear anything back from the court like the other person suggests? 

Definitely do what fatbelly has suggested I just feel the way they have worded the letter is almost like they are saying we initially applied to get one but for some reason we didn’t one. 

The reason I asked about last payment is let’s say it turns out they haven’t got a ccj for this debt and they end up trying to get one then your going down the statute barred route but as mention if by some miracle they have got a CJJ it’s unlikely for them to get approval from a court to act on it due to the length of time they haven’t acted on it.

just to add think when they stated this…..

However the CCJ was not obtained, due to the time passed, I am unable to
clarify why the CCJ was not obtained against you.’
for me how else could you come to the conclusion a CCJ was granted off that comment 

fatbelly

If they started a claim within the six years it would stop the clock from running

However, if the court can't find it, that's the end of it.

If the court confirms their story, post again

DisabledDan

cleofish said:

Hi I sent a statute barred letter to Cabot financial for a debt that was well over 6 years but they have continued to hound me by letter and even telephoning my parents who I no longer live with. 

I have had a reply today and one part says: 

‘Legal proceedings were then initiated on 8 July 2015 under the reference xx (they give a number but no court name). 

And you would have received documentation which needed to be completed and returned directly to the court (I didn’t receive anything). 

However the CCJ was not obtained, due to the time passed, I am unable to
clarify why the CCJ was not obtained against you.’

then it says the account was returned to them in 2016. 

Then they say:
’ as legal action was initiated this prevents an account from becoming statue barred despite a CCJ not being obtained’

is this right as there is no CCJ? 

There is nothing on my credit file and I’ve searched the case reference on the register website and there is nothing for that number either. 

I am worried as they have said: 
‘ I will hold your account for 21 days’ and if they don’t hear from me they will send it to an external agent to resume contact. 

Can they still enforce the debt even though the CCJ was never obtained and it’s been over 6 years since they started the legal procedure anyway? 

I can’t find anything online with the reference number that even brings up a CCJ never mind if a decision was made? 

I would be grateful for any help. 

Thanks 

This old chesnut has been tried many times, without evidence it should be treated as BS but do not leave it there.

Get the data using the letter below, then you will be able to start with a formal complaint to them and then escalate that to both the financial ombudsman and the ICO.

I have seen these arguments that proceedings start at different stages but IMO what matters is that a judgement is obtained.

If they started a claim there would have been Court papers, if you did not reply they would have obtained judgement, if they discontinued the claim then they would not have a judgement.

IMO legal proceeding start when they pay the Court Fee, they should have a date for that on your record and the judgement (if really obtained) would be valid for six years at which point they would need to go back to Court with a really solid reason for asking for more time.  If they failed to complete the legal procedure then they failed to complete the legal procedure, they can't pretend what might have been had they completed it.  It could have been that upon reading the particulars of claim that the Court threw it out because the debt was statute barred.

If seems to me that have confirmed no CCJ was obtained which I see as an admission of their guilt.

So now you can shut them down, prohibit comms to Royal Mail at your current address, and then start to hit back.

I am preparing a case for the ICO about a different firm because the ICO expressed a concern about a proper lawful basis and if they are aware or should have been aware that the debt was unenforceable then the ICO may wish to consider a fine.  I am collecting evidence to show it is a systemic problem and company policy.  Also that staff are inventing events such as payments and CCJ's.

Here is an example of your SAR letter:

Send your a Subject Access Request directly to dataprotection@cabotfinancial.com 

Dear Sir/Madam

Please accept this message as my formal request for a Subject Access Request under GDPR for ALL data you hold that is related to me.  Including but not limited to letters, emails, system notes, recorded phone calls, paper files, computer records and anything else related to me.

As you will be aware you have 30 days to provide this at no cost after which I reserve my right to escalate to the Information Commissioners Officer without further notice to you.

Please provide the data in electronic form (PDF, ODT, etc) to a secure cloud, if you do not have one please inform me immediately so I can provide you with credentials for one that is free to use and fully encrypted.

Yours faithfully