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Sainsbury loan CCJ - sold to Cabot


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Hi guys

Firstly i had a loan with sainsburys bank .

I lost my job and had to default .

 

I ended up in court and had a CCJ made against me and was ordered to pay £?? so much a month towards the debt

I had yearly statements from sainsburys showing the debt going down .

 

All of a sudden i get a letter from sainsburys saying that cabot had taken over my debt and i should now make payment to this company .

Here starts the nightmare again .

 

I have got a CCJ for this debt and followed the courts order to pay off the debt at my agreed payment ,

Enter Cabot .

They ask me for an offer to pay .

they want more .

well i am not in a postion to pay more and for the cost of the CCJ off sainsburys i am not going out of my way to clear this debt .

 

i was geting the freatening letters from cabot pay this amount etc .

i wrote them a letter explaining i needed their account details .

they replied with a letter telling me to go on their site and make a new offer of payment ?

Erm excuse me i have a ccj agreement to pay my amount each month ?

 

Now this cabot has given me a default notice even though i have never missed a payment since going to court with sainsburys ..

what can i do to stop this company ruining my hard work repairing my credit rating :(

 

Please help

Edited by dx100uk
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Hello and Welcome, 007,

 

I've moved this thread to a more relevant Forum.

 

Regards.

 

Scott.

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This is not my first post here either .I have been a member since 2006 .i browse regular ,My posts have disapeared ???

 

Steve

 

Hi we have had a few issues with posts vanishing. bear with us

 

I'm no legal expert but what I do know is that if a debt is subject to a CCJ, either the old or the new owner should be contacting the courts to let them know. If that hasn't been done, you have no obligation to pay Cabot anything. I would write back and tell them that.

 

Once a CCJ is applied to your credit file no default should be added. If they have sent a default notice but not actually filed a default, that should also be included.

 

I bet Sainsbugs have conveniently forgotten to tell Cabot that this debt is subject to a CCJ

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The CCJ order is paramount, unless the OC has sought leave of the court the payment schedule CANNOT be changed,

do so so without leave is contempt of court.

 

The court judgement will say '' That it is ORDERED that'' AAA pays £xxx per xxx.

That is set then in law.

Edited by dx100uk
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Let em spout off then report it to the manager of the issuing court, nice fines for contempt.

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Hi we have had a few issues with posts vanishing. bear with us

 

I'm no legal expert but what I do know is that if a debt is subject to a CCJ, either the old or the new owner should be contacting the courts to let them know. If that hasn't been done, you have no obligation to pay Cabot anything. I would write back and tell them that.

 

Once a CCJ is applied to your credit file no default should be added. If they have sent a default notice but not actually filed a default, that should also be included.

 

I bet Sainsbugs have conveniently forgotten to tell Cabot that this debt is subject to a CCJ

 

They have put a default on my credit report this month ?

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The CCJ order is paramount, unless the OC has sought leave of the court the payment schedule CANNOT be changed,

do so so without leave is contempt of court.

 

Contempt on their behalf? How can i report them for this ?

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Again the CCJ is paramount and supercedes all other matters, including defaults,

It's a shame to let them off but I believe you must inform them of the CCJ.

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On my credit file instead of sainsburys bank loan it now states loan from cabot financial uk ltd ?

I have never borrowed from this company

 

The CCJ was made in 2008 and is on my report as such

Edited by dx100uk
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It is a question that needs to be addressed that The OC has passed on a debt that is subject to a CCJ knowingly,

also there needs to be proof that Cabot was or was not informed of the status of the debt, if they were informed then

they are complicit to the contempt.

The first stage you need to go through is a Formal Complaint to the OC sent recorded this should be addressed to the compliance manager,

you may state a time limit for reply I suggest 14 days.

As you have not defaulted on the court order I would challenge the CRA holding the data, if a CCJ is on the file the default should not be.

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you could see exactly what cabot know about this a/c by sending them this http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt if they respond and mention the CCJ you can then go directly to the ICO and make a complaint because they are processing data incorrectly.

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THanks Cerbs I ve Lamb sounding desperate any help appreciated.

Brig

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I am sorry but i do not understand what an ICO is also

What should i do first then ?

Send a recorded letter to sainsbury's bank .

What about a letter to the manager of the courts?

Any advise is truelly appreciated

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The ICO is the Data COMMISSIONERS OFFICE it regulates an enforces the DATA PROTECTION ACT,

the misuse of personal data is a serious matter the reporting of matters to credit reference agencies is covered by this.

RD to Sainsbury first, copy to Cabot, and to the court from my experience of similar cases, belt and braces is always best.

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The basic fact is the courts order for payment cannot be varied without the leave of a JUDGE.

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As I said it's highly likely they are not aware of the CCJ, this could be for several reasons but at the end of the day it is their responsibilty to process the correct data. By not doing so they are liable to both a fine and sanctions from the ICO and a financial claim from yourself for libel.

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Just kidding,advice as good as ever,I just see things from ''the other side'' to much perhaps:!:

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