Tweet
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.
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.
)
Comment