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    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
    • Your position is not untenable in any way. You have already mitigated partially any impending disaster by opening another non Paypal linked bank account so they cannot arbitrarily seize what they want.   First thing to remember you are in control here. Whatever you offer to pay them must be something you can reasonably afford even if its only a pound a week and you must pay it to Paypal. If like me they freeze your account then there is no way you can reasonably pay them. They are not going to give you another account to pay it into.   The reason I got into difficulties with them was because I had recurring large payments being made to a supplier of mine which continued after I was rushed into hospital for series of emergency operations. When I came out of hospital Paypal had simply frozen the account which I discovered when I tried to pay money into it to alleviate the huge deficit that had accrued. So I paid nothing of what I owed. I received about 4 or 5 threatening missives which I ignored as well as any phone calls. I tried for several months to make payments into the account and in the end I gave up. Despite all the threats nothing actually happened.   If you read all the answers to your posting as well as all the other Paypal posts I doubt you will find any evidence of Paypal doing very much to enforce outstanding balances and funnily enough they do not make it easy for those that wish to repay them as I discovered.   So stop getting yourself into a flap over something that is very unlikely to be nothing more than a storm in a tea cup.   Make or start you offer to re-pay them at a figure you can easily afford then forget all about them except to make your regular payment if you can still do so.   DO NOT under any circumstances get yourself deeper into debt over this.
    • she certainly hasn't any authority to 'fine' you. what was in the contract regarding vacating the property by when?  
    • Makes the cost of the battery even worse  
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SpeedyCBR1100

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

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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.

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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


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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.

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


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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


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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.

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

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

was it cabot?


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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 


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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?

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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.


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since you moved

have you told them of your new address?

 


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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.

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Doesn't work like that 

You must tell creditors

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


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ok sar time then to Cabot me thinks.


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

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don't sign it

inc a ctax bill copy

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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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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 ?


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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

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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.


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

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


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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

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