Do CABOT have a claim against me?

Bloodpyre

I have an outstanding debt from 2013 for a little over £6000 to a loan company.

 I was in a lot of financial trouble at the time. And had a lot of letters and recovery threats arriving. At the time I buried my head in the sand and ignored many letters.
 I have since sorted my financial situation, or so I thought
 Although I wasn’t aware until recently I had a CCJ against this loan taken against me in August 2015. I have not heard from anyone regarding this matter for well over 6 years. That is until recently when I started receiving letters from CABOT requesting settlement of this account.

Having not heard anything about this loan for so long, I sent a statute barred letter. They replied saying this didn’t stand as a CCJ had been taken out in 2015. They also informed me that because of the age of the account, they do not have my credit agreement for the original loan.

They are still pursuing me and say I have a responsibility to satisfy this debt. Under these circumstances do they have a case against me?

fatbelly

I'm not sure what you mean by a 'case'

They claim they have a ccj against you. Because it is over six years old it will not appear on your credit files nor the register.

In order to check whether the court has any record you would need the ccj reference and the issuing court. You could do this to check whether they are lying.

However this is effectively unenforceable because it needs special permission from the court to enforce a judgement more than six years old. The courts would need a good reason.

You can tell them why you're not paying, or just ignore them. The choice is yours

sourcrates

Once legal action has been taken, that removes your right to a statute barred defence, but as fatbelly has hinted at above, county court judgements are also subject to the limitation action, just a different section, and the same limitation period applies to them, as it would have to the original debt, which is 6 years.

So Cabot will try and bluff you into making an arrangement with them because of this alleged CCJ, but it is in effect worthless to them now due to the time that has passed.

Bloodpyre

Thanks for the advice, I have the CCJ number so that is legitimate, but they have been telling me that they can still use that against me.  I’ll talk to them again and ask what they plan to do if I refuse to pay. Knowing they would have to re apply and given it’s been so long since they have made contact I can’t see that paying off for them.  Thanks again to you both. 

fatbelly

If you do choose to contact the court just ask them for details of judgement (reference). They may tell you that they have no details. In that case you know Cabot would get the same response if they tried to enforce it.

Bloodpyre

Thanks again