Cabot/Restons MBNA Card CCJ and i didnt know i had it. ***Resolved***

[hitchy1]

My credit file states no court orders or adverse.

I cant match the reference number on the letter to the reference number on the ccj and i have no previous letters, cards or other ways of checking.

 

I’m fairly confident its the same debt but cant be 100% certain.

Ive always felt that if and when the time came I would have to settle as although they didn't have proof i was unaware of the case and they got the judgement.

 

I still don’t believe the debt was mine but not sure how i move forward.

They have the judgement so I assume i have to pay?

[dx100uk]

no you don't have to pay 

but you certainly need to tell them of you correct address

I've merged the threads as you appear to say its the same amount as the CCJ

though you say the CCJ is not showing?
are all your past addresses showing on your credit file?

 

as with that robbersway and ex Barclaycard debt thread advises you should really be writing to everyone that owns any of your old debts paid or used within the last 7 yrs informing them of your correct and present address.

else more backdoor CCJ's will be gained.

 

 

[hitchy1]

I genuinely don't know who may have a claim as it was with a dmp that was with my ex. I have no paperwork or current credit and my file does not show the ccj or all my old addresses. 
My biggest concern now is they surely will want payment. Should I confirm my address and query the debt then wait for next steps?

[dx100uk]

so your old addresses are not showing on your credit file?

 

dx

 

[hitchy1]

I have just checked again, there is no adverse credit showing and my address is out of date even though i updated the electoral role when i moved a couple of years back. The only searches are from energy providers and the score is fair. I have no credit and no previous credit showing.

[dx100uk]

so you need to contact whichever credit file provider you are using asking them to update your file with all these addresses (list them)

then to alert you when its done

you can possibly do this by messenger system on your account.

 

 

 

[hitchy1]

Ok, what are my next steps with Cabot?

[dx100uk]

IMHO you need to write to them informing them of your present and correct address 

head the letter with their ref number.

 

2nd class will do 

get free POP at your local PO counter.

 

the other thing that shows in your threads

is there were 2 MBNA cards one was an old abbey card?

the other was....this one?

 

 

[hitchy1]

Ok, will do. Don’t think its related to Abbey. When I confirm the address should i ask for details about the debt or do nothing?

[dx100uk]

just address 

ball is then in their court.

[hitchy1]

I have.now sent two letters to Cabot and both have been ignored.

 

I have now received another letter which looks pretty standard stating we have now confirmed your address,

you have taken the first step and suggesting i set up-an account and start paying.

[dx100uk]

Good, so now ignore them too until/unless you get a letter of claim?
 

[hitchy1]

Still had no written response but have now received a couple of texts stating that a personal letter is waiting for me and i may find it useful to log on via the link.

 

I’m curious but also reluctant as I feel that any communication could be done by letter in response to mine.

 

Any suggestions?

[dx100uk]

correct

 

ignore them till they write.

 

dx

 

[hitchy1]

Right, that didn’t take long.

I have now received a letter from them with a stack of paperwork claiming for 2 accounts.

The main one explains the account which is on ccj

last paid via stepchange in July 2013 and then subsequently The ccj obtained via Restons in 2016 due to my lack of defence.

The original credit agreement dated 2003 is included.

The other account they state has no documentation but they believe i owe it due to payments via stepchange.

The inference is they want to work with me on a suitable payment.

 

The remainder of the documentation shows payments via stepchange stopped in 2013 and various cc statements none with any signatures or showing who made the payment.

 

I’m 100% sure that no payment to stepchange came from my accounts they were all from my ex.

 

I’m  guessing the account with ccj I need to find a suitable payment solution and the other account i send a prove it letter?
 

[dx100uk]

forget the pointless prove it letters - just stupid letter tennis.

 

so what were the debts?

 

dx

 

 

 

[hitchy1]

One is the mbna credit card which Restons obtained the ccj on in 2016. Presumably i have to do something about this to avoid possible bailiffs?
The other is stated as Barclaycard which they advise they have no documentation but believe i owe It as paid via stepchange in July 2013. Is this not statute barred?

[dx100uk]

cant see a thread on this reston and who's CCJ ...??

if its anything like your old HFC loan, you got cash cowed blind as they charged your post judgemental interest when there was no order too.

 

as for the BC one...no paperwork - no pay ignore them.

 

dx

 

[hitchy1]

Sorry, this thread is a bit confusing

 

effectively i found out a couple of years ago that i had a ccj which was obtained by Restons solicitors on behalf of Cabot in Feb 2016. 

 

A few months ago Cabot contacted me to confirm my address

after a couple of letters back and forth as per advice

 

they have now sent a letter explaining i owe this money and I should contact them.

Additionally they added the details about the Barclaycard but no evidence.

[dx100uk]

Who said blindly enter into stupid letter tennis??

 

Quite honestly until you get notification that any of your ,CCJ owners are returning to court to enforce a judgement

I'd stop paying everyone on any historic debts

As long as you've written telling them of you correct address

 

Dx

[hitchy1]

Hi, just to be clear in post 58 you advised writing to them and giving my correct address which i did and they ignored it.

I sent a second letter and that was also ignored until now.

 

 I haven’t had any other communication and any payment made was in 2013 from my ex’s account via Stepchange. 

I haven't offered or made any payments to anyone since then.

Just to be clear are you saying that unless I'm contacted about enforcing a judgement I ignore any further communication? They do state that normal collection processes will commence if they don't hear from me in 21 days.

 

Also i do appreciate your advice and I will be making a donation because the work you do is brilliant.

 

Apologies that my explanations aren’t always clear but it is a bit daunting.

I thought i was back on my feet after a disastrous divorce in 2013 but i got the ccj so have to face up to the fact it may be enforced. Thanks again.

 

Donation made, thanks very much. Hopefully others will donate as this site needs to continue.

[dx100uk]

 

i think you're doing the best move.

 

sorry i read there were payments must have been another thread

no you are safe .

 

just ignore their silly tyranny 

 

 

 

 

 

[hitchy1]

Thanks very much.
So they cant just instruct bailiffs without informing me?

[dx100uk]

no they would have to return to a court and that court would inform you of such request.

 

dx

 

[hitchy1]

What concerns me is that although the ccj was obtained in Feb 2016 it is only because they didn't have my address that further action probably wasn't taken until now.

 

It's evident that I wouldn't have grounds for a set aside so presumably they have a further 2 years to attempt recovery?

 

On the original ccj there was a court fee of £410 and £100 solicitors fee added to the total.

The fact they have now sent me the info and hold me responsible (which in the eyes of the law i am)

why would they not simply apply back to court for enforcement and then add more costs for doing this,

 

or are you saying to wait it out until that time comes

and then negotiate ?