Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Cabot chasing me for a default in 2003!!

    Hi I am new to the forum and it has been a great tool so far with all of your advice

    Can anyone please advise me on this...sorry if its long winded

    I contacted cabot today as they performed an outstanding debt search on my account a few days ago and it is in relation to an account with Halifaxicon that defaulted in 2003....I questioned them as to why they are chasing me for this when it has fallen off my account and no ccj was in place and they say i made a payment in 2005..which i did not.

    They asked for payment on the phone...i refused...but what should i do if they write to me now pursue this? and it re shows on my credit file!

    At the time of the default I was left by my partner with all the bills and mortgageicon to pay as our marriageicon broke down...I made the choice to default on 3 credit cards and my halifax current account as money advice suggested this was the only was to stop the balance continuing to cripple me with late charges and interesticon...and concentrated on the debt i was falling into with my mortgageicon.

    I have gradually managed to sort my debt and my credit file is slowly looking more promising (not that i want anymore debt but gettin rid of my squirrel card!!...stupid visa electron card would be nice)

    so....i just dont know what my legal stance on this is.....whether they can still chase me for money if i have made no payment...do they need to provide proof of this supposed payment in 2005? ....and can i request they remove the credit search from my file as equifax are sayin it will have a detrimental impact on my rating


  2. #2
    Site Team silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961's Avatar

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    Default Re: Cabot chasing me for a default in 2003!!

    Hi,
    See the bits below in red

    Quote Originally Posted by sharkssmile View Post
    Hi I am new to the forum and it has been a great tool so far with all of your advice

    Can anyone please advise me on this...sorry if its long winded

    I contacted cabot today as they performed an outstanding debt search on my account a few days ago and it is in relation to an account with Halifaxicon that defaulted in 2003....I questioned them as to why they are chasing me for this when it has fallen off my account and no ccj was in place and they say i made a payment in 2005..which i did not.

    Ask them to provide proof of when, where and by what means the payment was made. It's not unusual for a DCAicon to pay a token amount onto a debt to un-statute bar it

    They asked for payment on the phone...i refused...but what should i do if they write to me now pursue this? and it re shows on my credit file!

    If the default re-appears, sue them! You cannot be defaulted for the same debt twice

    At the time of the default I was left by my partner with all the bills and mortgage to pay as our marriageicon broke down...I made the choice to default on 3 credit cards and my halifax current account as money advice suggested this was the only was to stop the balance continuing to cripple me with late charges and interesticon...and concentrated on the debt i was falling into with my mortgage.

    I have gradually managed to sort my debt and my credit file is slowly looking more promising (not that i want anymore debt but gettin rid of my squirrel card!!...stupid visa electron card would be nice)

    so....i just dont know what my legal stance on this is.....whether they can still chase me for money if i have made no payment...do they need to provide proof of this supposed payment in 2005? YES....and can i request they remove the credit search from my file as equifax are sayin it will have a detrimental impact on my rating
    Send them this letter:

    http://www.consumerforums.com/resour...statute-barred

    Edit it a bit to suit your needs
    Don't bother speaking to them on the phone again
    Don't sign anything, just print your nameicon
    Send recorded delivery

    fox

    If you are asked to deal with any matter via private message, PLEASE report it.
    Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor

    Do you need debt advice? Look at this excellent blog. 10 steps to put YOU back in control
    Part 1--Part 2--Part 3--Part 4--Part 5--Part 6--Part 7--Part 8--Part 9--Part 10


  3. #3
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    Default Re: Cabot chasing me for a default in 2003!!

    thanks so much for your reply Fox I will get that sent off straight away....

    Would u be able to tell me if once it is sorted with them (ie they stop chasing me for the debt over six years etc) do i then have the power to ask them to remove the debt search from my credit file?

    When i called equifax they told me that the search would have a negative impact on my file.

    thanks in advance

    L


  4. #4
    Site Team silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961 Authoritative silverfox1961's Avatar

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    Default Re: Cabot chasing me for a default in 2003!!

    While I don't know that much about credit reporting, I would complain to both Cabot and Equifax.
    Demand that Cabot remove the search and Equifax investigate.

    Just for clarification, is the "alleged" debt a loan,credit card or overdrafticon?

    If you are asked to deal with any matter via private message, PLEASE report it.
    Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor

    Do you need debt advice? Look at this excellent blog. 10 steps to put YOU back in control
    Part 1--Part 2--Part 3--Part 4--Part 5--Part 6--Part 7--Part 8--Part 9--Part 10


  5. #5
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    Default Re: Cabot chasing me for a default in 2003!!

    if the debt is statute barredicon, they have no rights to impose an outstanding debt on your credit file

    demand it be removed or a complaint will be made to the oft and ico


  6. #6
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    Default Re: Cabot chasing me for a default in 2003!!

    debt collectorsicon tend to ignore simple requests but if their refusal is met with a legal claim for which they woul dthemn bcome liable for costs and damages they tend to sit up and take a bit more notice. Few ever get to court because they don't like it at all, not one little bit.

    Going on the premis that you should always go for the deepest pocket you could include the credit refernece agency in any complaint and/or legal action. Their pressure on the Cabots and debt collectors of this world is considerable



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