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Cabot, Orbit, and 23 years.
Magic_Sister
Posts: 48 Forumite
23 years ago my abusive, late ex husband forced me to take out finance on a car. I paid it for as long as I could, I left, it was eventually repossessed and there was an outstanding debt. As a single mother of 4 I couldn’t pay it. I think it went to CCJ but I can’t be sure. It fell off my credit report years ago.
Cabot began writing/ emailing probably 5 years ago. I have never ever responded. They now say they will be sending Orbit to my house. What should I do? I need some good advice please. Thanks all.
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Orbit are not bailiffs. Just debt collectors.
Cabot clearly understand they are out of time to enforce the ccj
Continue to ignore. Orbit will probably just post a postcard but if you accidentally open the door to them just refer them to Limitation Act 1980 z24
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Just in case you are unaware, the Limitation act is an act of parliament that basically makes sure we are not pursued for debts forever.
Different sections of the act apply to different types of debt, or actions to enforce collection of debts.
In your particular case, you would be relying on the fact the time limit to enforce the CCJ has run out, that is covered by sec 24 of the act, they have 6 years in which to collect on the judgement, and that has clearly expired.
Its important to know which section of the act you are using as your defence to the debt, as the most commonly used sec is sec 5, which covers statute barred debts, but this only applies if legal action has not been taken, most laymen will not know the difference between the two, but in law it matters a great deal.
Most likely you will just get a card through your door, but I find it helps to understand your position just in case you need to defend it at all at a later date.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-letter0
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