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15 year old debt,Carbot warrant of control

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Comments

  • RAS
    RAS Posts: 35,922 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Debts that are statute barred can still be pursued in court, but the only defence you need is that they are statute barred.

    Problems arise and CCJs can be issued if you don't defend the case.

    Got any more unopened mail knocking about?
    If you've have not made a mistake, you've made nothing
  • slayer2005
    slayer2005 Posts: 12 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    RAS said:
    Debts that are statute barred can still be pursued in court, but the only defence you need is that they are statute barred.

    Problems arise and CCJs can be issued if you don't defend the case.

    Got any more unopened mail knocking about?
    Possibly 😂 so I guess now the ccjs is applied is doesn't matter if I give them a ring and make them a offer. Or I can try set it aside, but doubt I would be able to argue my case as I ignored the previous letters 
  • ManyWays
    ManyWays Posts: 1,504 Forumite
    1,000 Posts Fifth Anniversary Name Dropper
    Apart from the CT arrears and the CCJ, do you have any other arrears on bills, debts that you are paying or old debts that you arent paying? 

    Are you buying or renting?
  • slayer2005
    slayer2005 Posts: 12 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 22 August at 4:30PM
    ManyWays said:
    Apart from the CT arrears and the CCJ, do you have any other arrears on bills, debts that you are paying or old debts that you arent paying? 

    Are you buying or renting?
    Probably around 10k across the board. Only one I pay is the council tax arrears .
    Did look into a iva but they charge a fortune. Thought about bankruptcy. Funny thing is, my credit has gotten better the last year or so, probably because I haven't missed a payment in 2 years. I think a lot has fallen off the credit file .
    Oh and I rent, housing association.
  • fatbelly
    fatbelly Posts: 23,131 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    I think you are right to prioritise the council tax arrears.

    The court bailiff is not going to cause problems and will make a visit, maybe two, then return it to Cabot

    I assume you have too much surplus for a DRO and are reluctant to consider insolvency anyway.

    It's your choice . It seems the options are

    Continue to ignore
    Use court process to either vary the order or set it aside
    Make an informal payment arrangement
    Consider an insolvency solution


  • sourcrates
    sourcrates Posts: 31,810 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Debt purchasing companies such as Cabot, buy these old debts in bulk, very cheap, and then attempt to extract the full face value from the debtor, the fact you ignored them for whatever reason is probably why they have taken this as far as they have, they won`t know why you haven't contacted them, or made an offer to pay the debt, so have just let the legal process unfold on you.

    Fatbelly lists your options above, trying to obtain a set aside is going to cost you £301 there may be a reduction in the fee if you are on a low income, but its still money to find though, with no guarantee it will be successful.

    You say you are worried about an attachment to your earnings, I would think that would be Cabot`s next move, so to avoid that, making an arrangement to pay with them might be your best bet, but if you decide to go down that route, don`t hold back from telling them how much you are currently struggling with money etc, they will back off substantially once they are aware of that.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • slayer2005
    slayer2005 Posts: 12 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Debt purchasing companies such as Cabot, buy these old debts in bulk, very cheap, and then attempt to extract the full face value from the debtor, the fact you ignored them for whatever reason is probably why they have taken this as far as they have, they won`t know why you haven't contacted them, or made an offer to pay the debt, so have just let the legal process unfold on you.

    Fatbelly lists your options above, trying to obtain a set aside is going to cost you £301 there may be a reduction in the fee if you are on a low income, but its still money to find though, with no guarantee it will be successful.

    You say you are worried about an attachment to your earnings, I would think that would be Cabot`s next move, so to avoid that, making an arrangement to pay with them might be your best bet, but if you decide to go down that route, don`t hold back from telling them how much you are currently struggling with money etc, they will back off substantially once they are aware of that.
    Yhea that's what I was thinking. Just tell them the whole story. Say I can offer a tenner a month but once my council tax is sorted I maybe able to offer more. And I think also if I get a phone call from the bailiff next week and be straight tell him I no the score, on a low income, nothing to levy he would take it back to carbot anyway.
  • slayer2005
    slayer2005 Posts: 12 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    fatbelly said:
    I think you are right to prioritise the council tax arrears.

    The court bailiff is not going to cause problems and will make a visit, maybe two, then return it to Cabot

    I assume you have too much surplus for a DRO and are reluctant to consider insolvency anyway.

    It's your choice . It seems the options are

    Continue to ignore
    Use court process to either vary the order or set it aside
    Make an informal payment arrangement
    Consider an insolvency solution


    Yhea I looked at the dro first instance, but yhea I'm over that threshold unfortunately.
    I think I'll try the offer of X amount a month to them. Tell them my circumstances, it's either 20 a month or carry on down there own route .
    Chests for the advice guys.
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