CABOT

[Joanna Connolly Solicitors]

this one was originally with post office re a credit card & no payments have been missed.

I wasnt aware that it has ended up with Cabot. . . . . The letter states my overdue debt requires urgent action. I have been selected for legal action to commence by their solicitors as im not making payments. If i continue to ignore this my account will be passed to their solicitors who will then seek a CCJ.

I've received your email and will reply when I’ve looked at everything you’ve sent me

Don’t see your account being passed to solicitors as a threat because if the debt is unenforceable it may be a blessing in disguise.

Let’s see where you stand before you start to panic.

Di

[julian]

Post Office used Bank of Ireland for their financial products eg mortgages, credit cards. They have recently split up and Cabot UK has bought a share of their accounts.

As Cabot UK cannot trade as before without a licence, many accounts, including really old dormant ones (SB) have been farmed out for collection by " people who will help you".

So kind.

[Joanna Connolly Solicitors]

Im still trying to get used to how this works again & posted a reply ...so i thought but dont know where its gone lol.

So im trying again...

If i continue to ignore this my account will be passed to their solicitors who will then seek a CCJ.

Your Visitors Message has vanished for some reason!

So email me as per post #77 on this thread and we'll take it from there.

Di

[Nichola1976]

Hi

yes thank you i remember. I have found out recently that this is till showing on my credit file as active or something instead of settled so not sure what i need to do about that ?

Im still trying to get used to how this works again & posted a reply ...so i thought but dont know where its gone lol.

So im trying again...

this one was originally with post office re a credit card & no payments have been missed.

I wasnt aware that it has ended up with Cabot. I have 6 other debts that have ended up with cabot & would like some help with but just panicking about this one at the min. Im not sure how to start a new thread ?

The letter states my overdue debt requires urgent action. I have been selected for legal action to commence by their solicitors as im not making payments. If i continue to ignore this my account will be passed to their solicitors who will then seek a CCJ.

Thanks
Nich

[Joanna Connolly Solicitors]

have been threatened with legal action & a CCJ for missed payments.

What do i do ?

You can contact me direct if you like - it's a different email address since those days, so use di@joannaconnollysolicitors.co.uk

(I've received your Visitors Message).

Di

[Joanna Connolly Solicitors]

I have several accounts with them . . . . & have never missed any payments & have been paying for over 10 years.

However i have recently received a letter from them about another debt which i wasnt even aware had been passed on to them & have been threatened with legal action & a CCJ for missed payments. Payments havent been missed but have been made every month to the previous company.

Hello

I remember helping you with a different legal issue some years ago (when I was PlanB )

Let me have a little more background to this debt now with Cabot.

Is it a 'Letter of Claim' which they've sent you or just a chasing letter?

Who have you been paying i.e. who was the original creditor, unless it's been assigned twice in which case you may have been paying another debt purchaser?

You may find it easier to start a new thread of your own if you have more than one debt with Cabot. Or if this situation seems urgent we'll deal with that one first on this thread.

I look forward to helping you.

Di

[Nichola1976]

Hi

Apologies as im new to this forum & not sure how it works. I have lots of questions but the one thats led me here today is re Cabot Financial.

I have several accounts with them ( the ex's debt originally & all been passed on from other debt companies or from the original lender several times & ended up with Cabot ) & have never missed any payments & have been paying for over 10 years.

However i have recently received a letter from them about another debt which i wasnt even aware had been passed on to them & have been threatened with legal action & a CCJ for missed payments. Payments havent been missed but have been made every month to the previous company.

What do i do ?

Any help or advice would be much appreciated

Thanks

Nich

[Warwick65]

Well all I can do is pass on my experience.

had two ccj s from back in 93 or so. I paid them regularly at the court appointed amount. I think it was £5 a month . In 2011 I stopped paying and at least one of the creditors couldn’t find any record. I sent a SAR to Barclays and the account had been recycled. Anyway, another ten years on and I have heard nothing.

I was always told they had to enforce within 6 years or permission would be needed

[julian]

Just an update in case it helps. Time is not a certainty of dismissal. A strong defence is required if threats materialise at any time. Nothing is certain except death.

Called a national helpline for further clarity on this, as being pestered but ignoring. They could be biased and fibbers, but hey ho.

Was told the 10 years without enforcement for AoE, Bailiffs, CO etc is misleading tautology. There is always a requirement to apply to the court to allow enforcement. The longer the gap, the more likely the documents will be mislaid or destroyed, and the more likely the application will be refused - eg abuse of process by delaying without reason.

The DJ can always decide to accept or refuse the application regardless of time. Should it be accepted it is upto the defence to prove the disruption/disadvantage caused by delay in enforcement. On a good day the DJ, if there is a hearing, will take the opportunity to slam the laxity of petitioner and throw it out and award costs against them.

[julian]

The question re 10 years was for general rather than your specific clarity.
Is it absence of enforcement or gap of 10 years since last attempt to enforce?


It could mean:-
1) no action at all since judgement
???2) early action taken - payments made but stopped over 10years ago with no further action taken
3) early CO/AoE awarded but no payment made and no further action taken in following 10 years

Is a CO enforcement? It is mooted that a CO is not enforcement, but a place marker, whereas an enforced sale aided by a CO is.

[ohitsonlyme]

Did Resolvecall send a collector to your home after Cabot threatened you with that at the beginning of October?

Di

Yes they did Call at my home on the first day of lockdown!! unfortunately I wasnt in or I would have sorted them out

[Joanna Connolly Solicitors]

Hi Di
Yes it is the blackhorse ccj
They are aware it is a ccj

I sent them a statute barred letter when they initially raised the issue and they came back with CCJ but no real threats or worry for me
I dont know who owns the debt but the chase letters come from Cabot Financial

I am of the mind to allow them to turn up and to basically ignore them and give them no acknowlegment or further information
There has been no enforcement action at all in the last now 11 years

Did Resolvecall send a collector to your home after Cabot threatened you with that at the beginning of October?

Di

[ohitsonlyme]

Also Crapbot are not the judgement Creditor ie they did nt obtain the ccj and so will have great difficulty in getting the courts to enforce it in their favour

[ohitsonlyme]

Di asked
"Has there been any attempt to enforce the CCJ in those ten years such as bailiffs or a Charging Order (if you own a property)?"

Why? Does that alter the need to request court permission to enforce?

Di is trying tto find out as much inforamtion available in order to advise

No enforcement action has been taken since the date of the ccj over 10 years ago and there is no charging order or other claim against any property that I own
They need to ask permission to enforce due to the length of time since ccj was ordered to be paid and they will struggle to justify why this was not enforced within the 6 years after ccj and this would be prejudicial against me

onlyme

[julian]

Di asked
"Has there been any attempt to enforce the CCJ in those ten years such as bailiffs or a Charging Order (if you own a property)?"

Why? Does that alter the need to request court permission to enforce?