Cabot/Hassall CCJ - Morgan Stanley Dean Witter Sainsbury card - chasing payment i stopped

[SpeedyCBR1100]

I had a problem a few years ago and was paying a small amount of money to the above for a debt following a CCJ in 2007. 

 

I was forced to retire following a motorcycle accident and I receive only the state pension. 

I sold my house in the South East about 3 years ago and moved to Derbyshire where I am from originally.

 

I've been waiting to be contacted by the above and I received a letter today. 

They are threatening to enter the 2007 judgement on the Register of County Court Judgements. 

Can they do this after all this time? 

What other steps should I take? 

The debt is not statute barred as I was paying towards it until July 2016. 

 

All help gratefully received.

[AndyOrch]

Only a court can register a judgment...which is done at the time of judgment if unpaid within the allotted time.Was it not registered at the time in 2007 and if not do you know why ?

 

Andy

[SpeedyCBR1100]

I presume it was, but at the time I was also going through a messy divorce, so I don't know for sure. 

I also don't know how I can check. 

There's certainly nothing on my current credit record. 

 

They actually say in their letter, "The details of the judgement have been entered on the Register of County Court Judgements. It will stay on the Register of Orders and Fines for 6 years." 

 

Perhaps I'm reading too much into that sentence and it has been and gone. 

They then say that if I do not contact them within 7 days, their client, who is Cabot, has instructed them to commence enforcement action.

[AndyOrch]

Could you scan/ redact the letter and upload it please......difficult to advise on just a snippet....lets see the complete context.

[SpeedyCBR1100]

Thanks Andy.  Please see the attached.

WH115062019.pdf

[dx100uk]

what was the org debt all about 

debt type etc

and who was the original creditor?

 

they could get an AEO if you are earning

and a CO against a property if you now own one

as you've paid until recently

[SpeedyCBR1100]

Original debt was a Morgan Stanley Dean Witter Credit card from Sainsbury's Bank. 

It was in joint names and went wrong during a divorce. 

 

I'm an OAP with only the state pension as income. 

I own my house as I sold a house in the South East and made enough to do so.

[dx100uk]

cant find any link between morgans and Sainsbury..but anyway..

do you remember who got the CCJ..the claimant?

was it cabot?

[AndyOrch]

Its not they will re enter...it was entered in 2007...but it will have fell off now.

 

It simply threatening to enforce the judgment further because you have stopped payment. Was the " small payment " you was making set by the court or set informally between yourself and Cabot ?

 

Simply resume the small payment ...how much was the judgment for ? How much do you think you have paid off ?

 

Andy 

[SpeedyCBR1100]

The payment was set informally between Cabot and me.  I don't remember how much the judgment was for and I've no idea how much I've paid off.  Should I ask them?

[AndyOrch]

Okay so there is no court direction set on the amount.....and yes you must request a full set of statements from 2007 onwards...you could use that as a reason to stopping payment.

Im sure there is a requirement that consumers must be informed annually.

[dx100uk]

since you moved

have you told them of your new address?

 

[SpeedyCBR1100]

It's about 3 years since I moved.  I didn't give them my new address but I kept an eye on my credit file because of activity from my ex.  I saw my address change on there so I'm sure they could too.  I'll contact them on Monday and ask for statements.

 

Thanks for the advice.

[dx100uk]

Doesn't work like that 

You must tell creditors

So we're you getting annual statements before your move?

[SpeedyCBR1100]

No, never.

[dx100uk]

ok sar time then to Cabot me thinks.

[SpeedyCBR1100]

OK. I've prepared the SAR for post on Monday using the template from here.  God, this place is useful,lol.

[dx100uk]

don't sign it

inc a ctax bill copy

might be an idea to also enc a copy of the latest letter.

[SpeedyCBR1100]

OK, will do. Thanks.

[AndyOrch]

Given that this CCJ was awarded in 2007  it may be Cabot was not the original Judgment claimant.The judgment is 12 years old  with payments being made up until 2016 to I assume Wright Hassall.

 

Anything information required would possibly be best requested from them and not Cabot ?

[SpeedyCBR1100]

I'm pretty sure I was paying Cabot.  I had a phone call from Cabot at the beginning of last week in which I told them I was happy to cooperate but  would prefer to do so in writing.  It was after that I received the letter from WH.

 

 

 

 

 

 

 

 

 

 

 

i

[AndyOrch]

You want a full statement of account of payments from 2007...outstanding balance and  details of the original judgment.....Only WH can supply that information.....not CAbot.

[SpeedyCBR1100]

So do I do a SAR to WH and forget the one to Cabot, or should I do both?

[AndyOrch]

Costs nothing now...so you could do both...no harm....Im just saying that CAbot wont hold much Data.

[SpeedyCBR1100]

I wasn't criticising, Andy.  I'm new to this and I am grateful for your guidance.