Sainsbury loan CCJ - sold to Cabot

[007]

As I said it's highly likely they are not aware of the CCJ, this could be for several reasons but at the end of the day it is their responsibilty to process the correct data. By not doing so they are liable to both a fine and sanctions from the ICO and a financial claim from yourself for libel.

 

This sounds interesting .they were rude and very ignorant when approached .How would i make a claim for libel ?

 

cheers guys i feel a little less stressed out from thiese replies

[BRIGADIER2JCS]

Unless you have recorded the call no chance, the spoken word is slander very difficult to prove.

[cerberusalert]

That's why i suggested you send the letter first to see exactly what they do know... give them enough rope to hang themselves.

If you can prove that they know that a CCJ exists you'll have them by the proverbial gonads & can hit them from three sides.

Contempt of court, processing incorrect data & libel.

[cerberusalert]

How would i make a claim for libel ?

Libel is the written word & in this case they have libeled you by entering an incorrect default on your credit file. The average claim amount is £1K but this can vary considerably; Kpophraror V Woolwich Building Society [1996] 4 All ER 119

[007]

Thank you very much for this information .this site is so helpful

[silverfox1961]

Now I Think I'm right on this but I'm sure others will correct me if I'm wrong

 

The OC files the default then sues and wins. The CCJ then supercedes the default and replaces it (albeit with a new date). The default vanishes-yes?

 

Cabot cannot place a default anyway but also they shouldn't be placing a default on an debt subject to a CCJ

[BRIGADIER2JCS]

Correct SF as usual A court order is paramount and supercedes all defaults and cannot be varied without leave of a judge, or may be varied on appeal

to a higher court.

to attempt to so vary such an order for monetary claims or other orders regarding reparations of any sort or kind without leave is contempt.

[007]

Cabot were fully aware of the CCJ .

They want me to send them a copy of the default showing on my credit report

 

Sainsburys has past me around from one company to the next .

i ended up at HBOS ?

Then i was told to write to sainsburys bank tower house chester ch88 3an .

The guy said they can sell on a debt even with a CCJ on the account .

 

Where do i stand here guys ,

Cabot are saying they're in their rights to ask for more cash and its the normal approach?

This is on the phone .

 

i am going to route out my letters

i hope the misses has not binned them

 

Regarding the current default it is dated 2008 but it was updated by Cabot on the 07/06/2011 is this legal .

 

As sainsburys had previously stated settled after they won the CCJ ?

 

I would also love a few pointers in what to include in my recorded letters to these companies if any of you clued up people would care to help me out here

 

Thanks again guys

[BRIGADIER2JCS]

They can sell it on but the new owner CANNOT vary the order of the court without leave of judge.

[007]

They have started sending letters again asking for my finacial circumstances and wanting more cash .

i have told this company on several occasions this debt is subject to a CCJ yet they insist i give them proof of this ?

They update my credit reference every month ?

 

i am considering stopping payments to them .

if i stop payment am i right in assuming this debt will now be subject to another six years of hassle from these idiots ?

The ccj and default have 18 months odd left on my file .

 

This country is full of leeching companies like this its beyond a joke

[twofoot]

Not advisable to stop paying a ccj, it could lead to all sorts of further action. Having said that, stopping paying will not affect when it comes off your credit file.

[BRIGADIER2JCS]

Keep paying the CCJ ordered amount if they want to

change this they must apply to the court.

[007]

I will continuie payments .So will the ccj and defaults remain on my file until i fully pay these debts ?

For instance if they fall off my file and i stop payment what can the debt companies do?

[cerberusalert]

For instance if they fall off my file and i stop payment what can the debt companies do?

If the CCJ is still unpaid they can apply to a court for permission to enforce which could mean a HCEO removing goods for auction, your bank a/c being garnisheed, a charging order placed on any property you have etc.

[007]

That will not happen!

[BRIGADIER2JCS]

That will not happen!

 

Indeed it can and does happen!!

[007]

No you misunderstand me...i will not let that happen !

This company will regret their BS though ,I am going to report them for harrassment .

[NailPost]

Did you write to the two firms and ask for the paperwork they hold on you?. To continue to demand more cash adds fuel to their contempt.

[the_shadow]

I will continuie payments .So will the ccj and defaults remain on my file until i fully pay these debts ?

For instance if they fall off my file and i stop payment what can the debt companies do?

 

The CCJ will drop off your credit file after 6 years paid or not however if they still have the judgement details then they can haul you back into court.

 

S.

[Bandit127]

I suspect, like my credit report, they are reporting your payments on a defaulted debt. My default date on my file stands as 2008, but each month my payments are recorded with a big red D for default. This (apparently) is in order.

 

Please check and confirm your default date on your credit file.

[BRIGADIER2JCS]

Yes it is correct the original default date cannot change, and the

CRA entries must reflect that the default has not been remedied

ie the default sum was not paid in the timescale provided.

[007]

I am now ccj free .

I now have another letter off cabot today for the full ccj amount

.im not paying it .

i stopped paying them years ago.

 

Can these take me back to court.

I hate them

it is beyond a joke that i had 6 years of no credit and they are still chasing me .

If i ignore can they do anything ?

[Andyorch]

Letter or court claim?

[007]

Just the usual letter as i have moved around many times .

It is not a court thing ?

[lookinforinfo]

That is great that the CCJ has dropped off your Credit File.

Cabot are still free to take you back to Court as the Limitations Act does not apply to CCJs.

 

However as you appear not to have paid much of the debt back in the past 5 years or so they would be questioned by the Judge as to why they have left it so late.

 

Have they continued sending you out yearly statements of the amount outstanding and have they been writing to you over these past years asking for payment.

Edited April 12, 2018 by dx100uk
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