Cabot Financial At it again! barclaycard

[johealey]

Approx 2 years ago I received a letter from Cabot chasing a Barclay card debt. I wrote to them asking for a copy of the CCA to which I never received and just had "holding" letters saying they were looking into this.

 

Now some 2 years later I have received a letter from them saying...

 

As there is a CCJ back in Sept 2006 this debt is not subject to a CCA request etc etc etc.

 

Now am I on the understanding that you have to have a CCA to issue a CCJ? I know that when I had a CCJ removed once before my argument was that they hadnt complied within the 14 days to provide a CCA and nor did I ever actually receive it after this date.

 

The letter was dated end of July and I have just returned from holiday and they have given me 14 days to reply which is now up today so any help would be greatly appreciated.

 

Thanks

[harrassed senior]

Firstly, you need to check that there is a Judgement - you can check online here: CCJs, court orders & fines - Search yourself and others - Trust Online

Then you need to get hold of a copy of the Judgement (I am assuming you know nothing of this?). A thought comes to mind, have you changed address since or around 2006, or indeed prior to 2006, DCAs' have a nasty habit of sneaking through a CCJ to an old address.

 

Now 2006 is 4 years ago, so why has no-one been persuing this, there are ways of getting this 'set aside' but you would have to be able to show and have reason as to why you knew nothing of it until now, hold on to their letter above as that is a start.

 

Unfortunately, if they used the Northampton Bulk issuing Centre these go through 'untouched by human hand' so the fact that you did not acknowledge or defend the case means the Judgement will automatically be given, enforceable agreement or not.

 

Thats' a start, see what others have to offer.

[debt4get]

you do not unfortunately have to have a valid cca in order to issue a county court claim..and if it is undefended the dca gets the judgement by default..as above i would check first that there is actually a ccj on this debt...and then take it from there