Backdoor Cabot CCJ for old HFC Goldfish Card Debt

[pilch23]

Hi

 

Can I get taken to court over the same debt twice?

 

Have several debts, 2 with CCJ's but 6 years old early next year, paid monthly agreed amount but still balance will remain outstanding.

 

With regard other debts, again 6 years and older, they have now dropped off my credit report and all bar one have been sold to collection agencies....can they make defaulted again or take me to court to obtain CCJ? I paid monthly a small amount but have stopped since dropping off credit report.

 

Cheers in advance.

[citizenB]

It might be worth checking those debts without CCJs to see when the last payment was made to the account - if they have dropped off your credit file, then they cannot be restored.

[pilch23]

Payments where last made 4/5 months ago.

[dx100uk]

have you sent all these people you pay a CCA REquest?

 

if they are that old that they've now dropped off your CRA file

then you can safely question their legality in the first place...

 

on the CCJ's you have

 

I hope you are ONLY paying the NAMED CLAIMANT

and not some fleecing DCA they have been sold on too?

and ONLY paying the amount PCM on the judgement too?

 

and no you cant be defaulted twice or get another CCJ on the same debt either.

[renegadeimp]

I would CCA Cabot. They likely won't be the admin to the ccj, just to the debt, or hold the paperwork.

[pilch23]

 

Debt was Goldfish but CCJ named as Cabot.

I have made payments so should I continue to until over 6 years and then removed from credit report, then CCA Cabot?

[dx100uk]

no you keep paying if cabot are the named claimant

then as long as you are only paying the sum stated PCM on the CCJ you are fine.

 

have you ever looked at if PPI etc was involved?

 

might be something to reclaim here.

 

dx

[renegadeimp]

If Cabot got the ccj. Did you ever defend the claim or did they get judgement by default. I know its too late now.as.the ccj has been in force for so long but it looks like you've been cashcowed.

 

As DX said though, you need to maintain payments as directed by the courts. No more no less no matter what Cabot say or do.

[pilch23]

Hi

 

CCJ secured in August 2007 for £5121 debt by claimant HFC Bank, payment originally to Restons and now to Mortimer Clarke for £5 per month.  Registered to an address that I left 10 years ago and moved twice since.  Paid every month without default.

 

CCJ secured in March 2008 for £8230 debt by claimant Cabot Financial (original lender HFC Goldfish Bank), payment to Cabot for £5 per month.  Again registered to an old address.  Paid again every month without default.

 

Both no longer appear on my credit file, although I do have a backdoor CCJ which falls off my credit file in March 2022 and I am making payments with no default.

 

I am now finally on top of my finances but not in a position to pay the really old CCJs off fully but at £60 per year in payment each they will be with me another 73 years and 125 years respectively!  

Aware I probably could of challenged but at the time was not in a place to.

Should I simply stop paying, the CCJs that have fallen off credit file? 

 

Should I advise them of new address?

[unclebulgaria67]

As these are live CCJ debts, if you stopped paying they would trace you to new address, as difficult to hide and they would send enforcement agents out to collect.

 

I wonder whether you could try to negotiate reduced settlement of these.  Contact them to discuss stupidity of having debts which will take years to settle.  Ask whether they would accept a reduced a amount to settle these, if you could borrow a sum from family.  Perhaps 10% of debts value might be an opening suggestion.

[pilch23]

Should I advise them of new address?

 

Is it possible to ask the courts to reduce the current CCJ on file payments inline with other ones not shown, as currently is significantly greater and would this not be a preferential debtor?

[dx100uk]

to send any 'enforcement' agents (bailiffs) a claimant must return to court.

inform everyone of your new address 

stop all payments

see what they do.

 

i seriously doubt anyone has any paperwork for CCJ's from 2007/8. esp a fleecing DCA that probably got it by default or skulduggery in the 1st place!!

[pilch23]

Can I advise change of address by email? So documented.

 

Also can I simply advise this is my previous address and this is new with no reference to CCJ reference numbers?

 

 

[dx100uk]

You write use 2nd class post and get free proof of posting from any po counter then you have a papertrail

 

i doubt either will ever be aware a ccj even exists.certainly not the hfc one use the dca's ref number

 

2 line letter that all you need

 

You should have stopped 10yrs ago!!

 

 

[pilch23]

Letters sent.

 

Any options to reduce current back door CCJ? I have paid for 4 years so not in position of strength I’m guessing.  It would help to get payment figure reduced though and more inline with other two.

[AndyOrch]

By backdoor you mean a default judgment......who set the monthly payment rate ?

 

If the creditor and not the court you could consider submitting the following.....although the fee is £50 unless your exempt.

 

 

Andy

[pilch23]

Paperwork was sent to an old address, I had moved twice since and not lived their for 6 years.

 

Amount was set by court at I assume claimants request but not 100% as didn’t see original paperwork.

[AndyOrch]

7 hours ago, pilch23 said:

although I do have a backdoor CCJ which falls off my credit file in March 2022 and I am making payments with no default.

 

Given that it is already 5 years old....I doubt its worth doing a variation....you could try to agree a lower payment with the claimant direct.