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Help with a CCJ case and a statute barred debt

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  • Help with a CCJ case and a statute barred debt

    Hi everyone,
    Thanks in advance for reading this and hopefully helping me find some clarity.
    Unbeknownst to me i was being chased for a credit card debt by Cabot. I only found out when Restons contacted me approximately three and a half years ago. I explained that i didn't know anything about the debt and asked for the usual documentation, default notice etc. Repeatedly, they said they did not have to provide them as they would have been supplied during the lifetime of the account. Two months before the debt became statute barred they filed for a county court judgement, to which i replied and said i would be contesting. It transpires that Cabot were not sending anything to where i lived but had mistyped my address. 4 months after the debt would have been statute barred i finally received all the documentation i believe they were statutorily obligated to provide. 5 months after that i received a new demand for payment. I explained that i would contest the case; no documents had been supplied within the statutory timeframe, and that i believed they had abused the court process by filing a claim knowing i hadn't seen the required documents and they had not sent them even after i had repeatedly asked and repeatedly been turned down. They replied stating they would speak to their client. Now, a year and a half later they have demanded payment again, saying the account had been on hold because of the pandemic (for a year and a half!?).
    I feel they have behaved rather duplicitously here and have abused court procedures (doctrine of clean hands relevant here?)
    Can they, over two years since filing for a judgement now decide to simply go back to it?
    Is the debt statute barred?
    How should i proceed?
    Any help or clarification would be really appreciated. Thanks in advance.
    Tags: None

  • #2
    have they issued a county court N1 form or 30 day notice bet not,, they Cabot are struggling as limited as to what they are able to do, payment request withou court=rt proceedings are classified at template everyday papers 2nd drawer down

    Comment


    • #3
      It's been over 2 years since they filed the case, i submitted my defense at the time (which they were not happy with) and i haven't had any court papers or case papers at all since then. No contact at all for over a year and a half.

      Comment


      • #4
        Ah! case in limbo (Stayed) = then, ignore demands they have to decide whether to pay to unstay the case or hope you be a good person and give them xmas party money , the onus is on them either unstay (pay) the courts to continue or run away, of just beg you to give in.

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        • #5
          Can a case remain stayed indefinitely? Wouldn't the court take a bit of a dim view of them abusing the system?
          Thanks.

          Comment


          • #6
            it can the longer then the case would be asked why so long dependant on years? they cannot be sure of themselves at this stage like hundreds etc others

            Comment


            • #7
              Celestine

              Comment


              • #8
                Originally posted by Autumn72 View Post
                Can a case remain stayed indefinitely? Wouldn't the court take a bit of a dim view of them abusing the system?
                Thanks.
                Unfortunately this scenario is not uncommon. Let’s call it a placeholder claim. It is not unlawful, enforcement of a debt does not ‘count’ as the issuing of a claim, just getting the judgment. Equity would not be of practical use in defending such a case.
                So they issued claim knowing CCA outstanding, 2 months before Limitation, then produced documents 6 m later after you’’d defended. The claim had gone stayed by then but they did not advance it until now?
                "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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                Comment


                • #9
                  They've threatened to life the stay now, over 2 years after filing the initial claim and over 18 months since any contact whatsoever, saying it was only on hold because of Covid.

                  Comment

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