Cabot chasing old OPUS debt with a 6yrs+ CCJ - Statute barred?

[thelightbrigade]

At this stage I am still not sure where it came from but If it is citi cards then nothing has been paid for years but I think I did start the claim for charges so if that counts as acknowledging the debt then maybe I have

[Andyorch]

No that does not count and anyway it would have been with the original creditor...if you can check and be 1000% certain you can simply submit a statute barred defence at the same time as you acknowledge the claim.....done and dusted.

[thelightbrigade]

I can't be sure though.

Should I call Cabot and clarify where this has come from?

Should I send off for the CCA?

[Andyorch]

By all means send a CCA and a CPR 31.14...but dont expect a response or whether it will shed any light on last payment...you need to clarify from your own research and if it does prove SB that would ease the dispensing of this claim.

[thelightbrigade]

I had a credit card years ago which apparently was moved to OPUS credit card. Cabot have been looking for the balance for years and have given me a CCJ, I have now received a letter stating I need to pay within 7 days or the bailiffs will be out.

 

No payments have been made on this account for over 6 years at least. Can I get this statute barred at this stage?

 

I had been receiving letters and calls stating I owe for an OPUS credit card which I knew I never had one, I told them I never had an OPUS card but as I say it was originally another provider.

 

Please help as I want to avoid bailiffs coming to the house

[Bailiff Advice]

I think that your question should be posted in the debt section of the forum. I will send a message to one of the moderators.

[thelightbrigade]

I had an old citi cards credit card which at some stage changed to opus.

I have not made any payments on this for over 6 years.

Cabot gave me a CCJ this year, I have a letter now saying I need to pay within 7 days or bailiffs will be out for goods.

 

I know I was stupid not putting in a defense or response.

 

Can this be statute barred? what do I need to do?

 

Please help

[dx100uk]

several threads merged

you did have a citi card

and as andyorch explained years ago when they tried and got? a CCJ [why did you not defend this?]

citi cards were sold to opus.

 

 

so, what date did they attain the CCJ

and when was your last payment to Citi..did you ever find that out?

you did an sar years ago so you should have the info?

[renegadeimp]

If cabot had it, then its pretty much certain it was unenforceable. When was your last date of payment. WHen did cabot start court proceedings.

 

When did you take out the CC?

[dx100uk]

please read post 83 and answer the questions

 

 

dx

[thelightbrigade]

Thanks, I'm sorry or multiple threads.

 

The CCJ was obtained in January This year

The last payment I made was in September 2007

 

The credit card was originally Associates, then Citi and then Opus

[dx100uk]

then the debt was already statute barred when they issued the claimform & subsequently got the CCJ

so why did you not defend it

[thelightbrigade]

Long story but I had a lot of things going on with family and health etc. I know I dropped the ball. Is there anything I can do now?

[dx100uk]

you have written proof of your last payment?

 

 

dx

[thelightbrigade]

I have the statements sent with my SAR

[dx100uk]

good

have a look at the last two threads here

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?406-Legal

 

 

the ex 160 etc might be useful if your are on benefits to save the £255 fee to set aside.

 

 

it could also pay you to write to the claimant with proof of it being SB'd at the time the claimform was issued

and ask them to set it aside themselves by consent as that might save you the fee too

 

 

dx

[thelightbrigade]

I came home today to find a calling card from a bailiff, it actually says Cabot(Capital one) so not citicards or Opus

[dx100uk]

bailiff?

what does it actually say

 

 

dx

[thelightbrigade]

it says

 

 

CALLING CARD

A county court bailiff called today in connection with an outstanding debt owed to CABOT FINANCIAL LTD (CAPITAL ONE)

 

A warrant of execution for non-payment of debt to the value of X has been issued.

 

You have failed to pay the above amount as ordered under the notice previously sent to you.

 

Please contact...............

 

If you fail to contact the court or bailiff regarding the outstanding debt, goods can be levied and removed from your property to be sold at public auction. Any cots incurred for the removal and sale of goods will be added to the debt.

 

Do not ignore this notice, Levied goods can be removed in your absence.

[dx100uk]

the nice ones that's ok

so you've done the set aside yet

that will put a stop to it all

[thelightbrigade]

Thanks for the help, I haven't done it yet, is that on the link in post #91?

I don't know the date of my last payment on the Capital One card but it was 2007/2008

[dx100uk]

that's for later

you need to get things moving

why not phone the court now

and tell them you are going to put in the seta aside

they might well call off the court bailiff themselves

[Andyorch]

Lets hope you follow the advice this time round as advised in August if you had acted you wouldn't be in this position now...nor £255 out of pocket setting a side.

 

Andy