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Claim form and statue of limitations reply?

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  • Claim form and statue of limitations reply?

    Hi guys


    I have just received a claim form from Mortimer Clarke acting for Cabot relating to a credit card


    The card was from 2006 which I really didn't manage things well and which I couldn't afford so I stopped paying. I did ask for a copy of the credit agreement it never arrived and I never heard anything back. I really can't remember any details of it


    I am now a student and not able to pay basically


    So I have received a claim form now


    It appears the debt was sold to Cabot in 2010. I have never been in contact with anyone for well over 6 years so I'm now surprised to have an actual claim form.


    Can anyone help me with what I should say to the claim form in reply to say it shouldn't be able to be. CCJ because of the statute of limitations. I'm sure it's right that they can't take legal action because of the time while I understand they can still send general letters?


    I'm panicking a little bit now about it all so I hope someone can help me with what I can reply to the claim for with.


    Thanks in advance.


    Apple
    Tags: None

  • #2
    Re: Claim form and statue of limitations reply?

    Are you absolutely certain that you haven't either acknowledged the debt formally (in writing) or paid towards it for a full 6 years?

    Did you receive a Letter Before Action threatening a court claim in recent months?

    Comment


    • #3
      Re: Claim form and statue of limitations reply?

      Originally posted by Kafka View Post
      Are you absolutely certain that you haven't either acknowledged the debt formally (in writing) or paid towards it for a full 6 years?

      Did you receive a Letter Before Action threatening a court claim in recent months?

      Yes im as certain as I can be certainly 99% sure! Thing is this is all so long ago don't have any details about it and can't really remember anything. I had a few things flying around at the same time and intended to ignore them.

      I did get a letter from them about a month ago saying if I didn't pay they would take action but I didn't do anything with it I thought it was a standard generic chasing letter I got from time to time. To be honest I didn't even think of the statute thing or date until this claim form has arrived with the dates on it.

      Comment


      • #4
        Re: Claim form and statue of limitations reply?

        What was the date of issue of the court claim?

        Was it issued in Northampton or somewhere else?

        What is the exact wording in the particulars of claim?

        When did you request the copy of the credit agreement and do you have proof for this application that was not responded to?


        It sounds as if you do have an absolute defence under Limitation. However, if you have forgotten anything and they can produce some proof of a payment or formal acknowledgement within 6 years, then that defence collapses.

        If it was me I would do the following to strengthen the defence options.

        1) Acknowledge service (immediately) and say you will be defending all of the claim. This extends the 14 days for response to 28 days.
        2) Send a CPR 31:14 request to the named contact (usually solicitors) on the form.
        3) Send a CCA request to Cabot to for disclosure of a copy of the original credit agreement.

        That should flush them out with what they have and usually they stall because they can't produce the documentation.

        Comment


        • #5
          Re: Claim form and statue of limitations reply?

          For reference example Defence for simple statute barred defence....

          The Defendant contends that the debt claimed is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. The claim appears to be based on simple contract and an excess of 6 years have elapsed since any cause of action may have accrued. The claim that the Claimant's are entitled to payment of £1166.89, or any other sum, or relief of any kind, is denied.

          To be safe I would still send CCA / CPR requests and acknowledge the claim for an extension of time limits before submitting a defence to the court. Harder to fix if your memory is misleading you after entering defence, so get info first then can only strengthen your defence if they don't comply with CCA or CPR xx
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Claim form and statue of limitations reply?

            Thanks for the replies guys. I have already acknowledged the claim for the extension selecting the defend all claim.

            The date is 25 June and its northampton.

            The wording of the claim is....

            By agreement with Vanquis and the defendant on or around 2006 the agreement vanq agreed to issue the defendant with a credit card upon the terms and conditions set out therein. In breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated. The agreement was assigned to the claimant on 2010. THE CLAIMANT THEREFORE CLAIMS £XXX

            They have then added on costs of £60 & £70 solicitors costs.

            Im pretty sure the account defaulted very soon after issue (maybe 6 months) and while I have had letters I have moved a couple of times and have ignored everything really.

            Because I have moved I have not got any paperwork or any of the old letters other than the one they sent a month ago saying they would make a claim if I didn't pay.

            The national Debtline said they wasn't sure I should send a request for the original as while they didn't think it would it hadn't been tested in court about that admitting the debt? Thats my worry in my wording ended up acknowledging anything.

            I have applied on Experian today for my credit file to have a look to see if anything is on there but I have to wait another 2 days for that now.
            Last edited by Appleuk; 30th June 2014, 12:29:PM.

            Comment


            • #7
              Re: Claim form and statue of limitations reply?

              A claim form has been issued now to start proceedings, so it wouldn't matter even if it did acknowledge it.

              It's whether there was payment or acknowledgement in the 6 years prior to proceedings starting that matters.

              Comment


              • #8
                Re: Claim form and statue of limitations reply?

                Thanks for all of this. Much as expected.

                Await other comments to see if others agree with my suggestion of send the other 2 requests. If they agree then do this straight away and check its all right first. Even if they come back and can produce the documentation (unlikely but possible), then you still have the Limitation defence, but hopefully this can give you alternative defences to include.

                Let us know what the credit report says.

                Comment


                • #9
                  Re: Claim form and statue of limitations reply?

                  yes and i'm 99.9% certain I haven't.

                  So is there any point asking Cabot or Mortimer Clarke directly at this point? Or should I just defend on that basis. Wont my defence of the Statue of Limitations then be making them prove I have?

                  I realise if I have then thats it but i'm almost certain I have not. I have no other defence anyway other than being ua student and having no money.

                  Comment


                  • #10
                    Re: Claim form and statue of limitations reply?

                    Thanks.

                    So if they come back and cant find it I should defend on that as well as Statute Barred?

                    Comment


                    • #11
                      Re: Claim form and statue of limitations reply?

                      Originally posted by Appleuk View Post
                      Thanks.

                      So if they come back and cant find it I should defend on that as well as Statute Barred?
                      indeedy doody
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #12
                        Re: Claim form and statue of limitations reply?

                        You can defend a claim on different issues if you have them, so that any one might be sufficient to stop the claim. The phrase often used for thsi in the defence is "In the alternative...". For a few pounds of fee and postage you might get an acceptance that they can't supply the required documentation, which would be a second defence if the Limitation one fails due to something you've forgotten but they can prove. Sending those requests also shows them that you are able to fight back and won't be fobbed off with false claims.

                        Being a student and having no money aren't defences to owing any money, but they could be mitigating circumstances for the court to consider if the claim is upheld and you need to argue that you can't afford high repayments.

                        Comment


                        • #13
                          Re: Claim form and statue of limitations reply?

                          Yes, collectors will sometimes try to argue the toss on limitation, sometimes by claiming some dodgy looking payment dates within the time limit.

                          If you can have extra arguments for your defence on top of it being statute barred, then that may help reduce the chance of them playing such games and so throw the towel in. Plus obviously if they do go forward, more than one grounds for a defence is better.

                          Comment


                          • #14
                            Re: Claim form and statue of limitations reply?

                            great thankyou I will send the letters today.

                            Thanks for all your help ill report back!

                            Comment


                            • #15
                              Re: Claim form and statue of limitations reply?

                              Just checking if I send the CCA request with a cheque for £1 what if they bank it and deem it as a payment towards the debt?

                              Obviously the request to the solicitors for information is fine as there is no money passing.

                              Comment

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