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** DISCONTINUED ** Need some advice regarding an old debt!!

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  • ** DISCONTINUED ** Need some advice regarding an old debt!!

    Hi everyone, wonder if someone can give me some advice regarding an old capital one debt. I'll try and breakdown information for easy ready.

    Capital one credit card:
    Agreement signed in 2008
    last payment made on account October 2010
    agreement terminated January 2011
    clients claim filed February 2016

    please see attatchments of letters

    4th Feb 2016 - Received claim form, from county court business centre, claimant Cabot financial uk ltd claiming for monies owed. Sent off my defence to to the court.

    17th Feb 2016 - Sent request for CCA to solicitor dealing with claim.

    23rd Feb 2016 - letter received from solicitor, explaining they have received my request and account will be put on hold until they receive a response from their client with the information requested (Cabot financial uk ltd)

    7th March 2016 - Response from court, acknowledging my defence and that the claimant has 28 days if he wishes to proceed after receiving my defence otherwise claim will be stayed after this time.


    18th March 2016 - Received letter from Cabot financial, stating following my request of CCA they do not have information on file, but have requested for the relevant details. It also mentioned credit agreement is currently unenforceable but I'm still obliged to pay.

    9th June 2017 - received letter from solicitors stating they have recovered my credit agreement and explaining my debt is not statute barred and in interest of costs invite me to put forward a offer of repayment.

    I would just like to know, if they can still take me to court, I have not acknowledged any debt and despite them providing a copy of the agreement (which had payment protection, had no idea this box was ticked) wouldn't this debt now be statute barred as the six years deadline would of been January 2017.

    Would like to thank you all in advance for reading and welcome any advice.
    Attached Files
    Tags: None

  • #2
    Re: Need some advice regarding an old debt!!

    Hi abundancexx

    Approx how much is the value of the claim? (It might give an indication of whether or not the Claimant will lift the stay).
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Need some advice regarding an old debt!!

      Hi Charitynjw, thanks for your reply. The actual debt is for £918.00 with court costs total amount is £1047.00

      Comment


      • #4
        Re: Need some advice regarding an old debt!!

        Did they send you 2 lots of T&Cs for the card & the T&Cs for PPI?
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Need some advice regarding an old debt!!

          Hi Charityynjw, all they sent was the 1 copy of the credit agreement as shown in the attachment I provided.

          Comment


          • #6
            Re: Need some advice regarding an old debt!!

            Sorry I thought I uploaded the credit agreement they sent me. Will upload now
            Attached Files

            Comment


            • #7
              Re: Need some advice regarding an old debt!!

              Is that all that was sent?
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: Need some advice regarding an old debt!!

                Hi Charitynjw, yes just the agreement and the letter dated 9th of June (which has been uploaded with original post) , they also sent an income and expenditure form, for me to fill in and return by 2 weeks time.

                Comment


                • #9
                  Re: Need some advice regarding an old debt!!

                  [MENTION=5553]charitynjw[/MENTION] [MENTION=87380]Diana M[/MENTION]
                  Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                  It doesn't matter where your journey begins, so long as you begin it...

                  recte agens confido

                  ~~~~~

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

                  I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                  But please include a link to your thread so I know who you are.

                  Specialist advice can be sought via our sister site JustBeagle

                  Comment


                  • #10
                    Re: Need some advice regarding an old debt!!

                    Thank you Kati

                    Comment


                    • #11
                      Re: Need some advice regarding an old debt!!

                      Hi

                      Have you checked with the court re the current status of the claim? Is it stayed?
                      I'd bet that Shoos know full well that what they have written (letter 9th June) is......cobblers.
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: Need some advice regarding an old debt!!

                        Hi Charitynjw, I have called the courts and they said the claim is currently stayed. However they can put an application in to get it lifted.

                        I wonder if you can tell me what my position is here, or what I need to do next. The signed agreement shoo sent there is pages missing, also they have not complied with my original CCA request in Regards to breakdown/statement of account.

                        Comment


                        • #13
                          Re: Need some advice regarding an old debt!!

                          sit tight, they would have to pay a fee to unstay it if they want to/or feel they got a good case, it can go on indeffinatly, the longer the more they would have to convince a court the reason for a long delay!

                          Comment


                          • #14
                            Re: Need some advice regarding an old debt!!

                            Hi Mike770, thank you for your reply

                            Can they simply unlift the stay with just part of the signed credit agreement, what they have provided me with?

                            Comment


                            • #15
                              Re: Need some advice regarding an old debt!!

                              they can apply to lift the stay and state they wish to continue, regardless , it would be to the next stage of proceedings, no specific document to rely on at that stage, meantime it is up to them if they continue or not, stayed is just that - parked up, longer the better

                              Comment

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