Cabots - decree for old JDW Jacamo Cat DEbt

[Jockadile69]

Could do with some help and advice please

 

9yrs ago I screwed up my finances for reasons Id rather not go into. Im in the process of sorting out remaining issues.

 

One of the accounts that i stuffed up was with Jacamo,  The debt has since gone onto Cabots along with one other liability.

 

I was today contacted by Cabot's by phone regarding the Jacamo account. I have not offered any payment declining to acknowledge any liability for the debt.

 

The DCA tell me that i am right in pointing out that the debt would normally be statute barred, however they claim that a Scottish Court Decree was obtained in relation to this account in 2016.

 

I asked them to provide me details of the Decree and said once I have verified what they are telling me is accurate i may discuss the matter further.

 

I received an email shortly after with the details.below

 

I’m pleased to let you know the following information about your account:

 

• Cabot reference - *****633

·         Original lender – JD Williams (Jacamo Mail Order)

·         Account number – *****989

·         Current outstanding balance – £2,084.17

·         Date account opened – 23.07.2012

·         Account default date – 20.11.2014

·         Interest bearing - No

·         Court action – account is subject to Sherrif Court Decree SA1161/15 with Judgment Date of 05.08.2016

 

I hope that this helps.

 

If you’ve got any other queries, you can visit our website and use our live chat facility to get in touch.  Alternatively, please call us on 0345 0702618 so we can help you.  Our opening hours are 8:00am to 8:00pm Monday to Friday and Saturday 9:00am to 1:30pm.

 

This somewhat surprised my as I was listed on the electoral roll and very easy to find throughout this period yet never received a summons to attend court.

I have not received any details of this judgement from the courts.

 

There is no listing of the Decree against my credit file with Experian, Equifax, Transunion or Crediva.

Its my understanding that all decrees are listed and passed on the CRAs

 

1. Is it possible that a decree has been obtained in the first place?
2. If a decree was obtained, how likely is it not to be recorded or misfiled ?
3. If a decree was obtained would it be enforceable after 05 08 2022?
4. If the decree was not obtained how likely would it be that they could still pursue me for the liability?

 

Many Thanks in advance for any help and advice on how to move forward with this matter

 

 

[dx100uk]

1.yes

2. was ..falls off after 6yrs.

3. yes 20yrs.

4 n/A.

 

a DCA is NOT A BAILIFF

and has 

ZERO legal powers on ANY debt - no matter what its type!!

and no matter if/if not it already has a judgement or not.

 

thats for them to return to the court and ASK the court to enforce it. which might never happen

 

shame you immediately rang a fleecing DCA never ever converse in anything other than WRING by royal mail.

 

scottish law dictates that court papers must be served on the person by hand, you cant get backdoor judgements in scotland 

 

so something is not right here.

 

sheriff officers deliver the court papers to the person named on the writ and they/you must sign papers to say you got the writ. they typically cannot be served by post..

 

smells!!

 

dx

 

 

 

[Jockadile69]

Hi dx100uk

Many Thanks for a very quick response

 

Cabot contacted me in relation to this, they had my details for the other matter im dealing with them  for.

 

I Have never been served any papers in relation to this matter. 

 

Could you confirm for me, so I don't go off half cocked. 

 

Its a legal requirement that I be served personally, unlike down in england where they can just say it was posted and your deemed to have received.

 

If I haven't been served the matter could not have proceeded to judgment?

 

I have some concerns over the Ref given by Cabots, I would assume that the courts in Scotland would all follow the same system of refs and having a judgement against me i know theirs is very  different.

 

I know Cabot's wouldn't be beyond misrepresenting facts

[dx100uk]

why is it a decree - were you resident in scotland at the time and are now not?

 

you really really should not be blindly paying any DCA anything on ANY debt, never ever speaking to them,

 

have you ensured all the debts these DCA's own are legally enforceable.?

 

have you ever sent anyone you are blindly paying a CCA request?

 

pers id simply ignore them on this decree debt.

they cant do anything

let them go back to court

then you'll have chance to challenge how they got a backdoor decree.

it might even not have been them!

it could have been the original creditor (v rare)

 

this is the pitfall of moving and not updating all your creditors with your correct and current address in writing..backdoor stuff slips through in scotland.

 

 

 

[Jockadile69]

Cabots have specifically stated that it was a Sherriff Court Decree. Had it been an English CCJ Id have Known how to Deal with them, But Scots law is different and I have no experience of it.

 

I am resident in Scotland and have been since 2014 when I came home after 30yrs down in England, a long and boring story.

 

I may have been silly accepting responsibility and dealing with DCAs, but have health issues that are progressive and want to get things cleared up financially whilst I am able to without leaving things to my wife in the years to come

[dx100uk]

but it might be better not to blindly pay reducing your money for her future.

and anyway your debts are NOTHING to do with her and no-one can ever make her responsible

 .....................even once you are gone, if thats your worry.

 

clearing your supposed financial responsibilities by up paying to a bunch of powerless debt collectors that say thanks and runs straight down the pub with your free money is not the way to honour your wifes future IMHO.

 

you moved back here to scotland in 2014, by 2016 had you moved again?

 

dx

 

 

 

 

[Jockadile69]

I moved initially to Irvine in August 2014, Moved to Beith in Feb 2015 and have been here since.

Always been on electoral register. 

[dx100uk]

ok thank you. decree date 05.08.2016.

 

you might have been right on the cusp of the legal changes in scotland at that time then.

they went over to a simpler () simple procedure claim system for debts under £5k at that time.

 

i will have a guess yours was under the old ordinary cause scheme, whereby there is a VERY slight possibility of a decree in absence (which is one of the reasons scotland tightened and changed to SPC as 10'000/yr of backdoor decrees and in england they introduced the pre action protocol as some 750'000/yr backdoor CCJ were being attained by crafty debt collectors purposefully using old addresses - both systems changed to prevent most backdoor litigation ).

 

however my excuse doesnt sit well with me either.

 

the start of this decree process would have been earlier than judgement date but not anywhere near 18mts.

the court and the sheriff officers are duty bound ensure, by checking things like credit files and numerous other sources they find your correct address.

 

you stayed within the same court area only moving 15mls.

 

quite honestly i would be making a few enquiries here to AYR court, you have the decree number.

go give the court a ring and ask to speak to a sheriff's clerk Main telephone 01292 292 200

 

Briefly tell them the story you/me have outlined here , the bottom line being why did the court nor the sheriffs officers use the correct address when papers are supposed to be served person 2 person.

one other question i would be interested in too that you need to ask is if the claimant wanted to enforce the decree would the court write to you first before using sheriff officers / sequestration etc etc.

 

in the past i have found AYR to be very helpful. but just remember they cant give 'legal advice' but i smell a repone here.

 

i know all of this is greek to you but its very worthy to investigate .

 

the other matter i would really love to help you on is the wider matter 'sorting your debts'.

you've already mentioned another debt you are scammed over by cabot.

are there others>??

 

the 2 above points could save you £1000's .

 

dx