Cabot Financial (UK) Ltd Vs Apples05

[apples05]

Hi there,

I have today (17/10/14) received a claim for from the County Court Business Centre issued on 14/10/14 by Restons Solicitors on behalf of Cabot Financial (UK) Ltd.

It is for an amount of £2569.77 and is the debt from a Credit Card with Monument.

A letter received from Restons advises that their clients are Marlin Financial Services who have been appointed by the creditor Cabot Financial UK Ltd. It also advises that Cabot acquired the rights to the account on or around 21/03/2006.

I am 100% certain that no payment or acknowledgement has been made since 2008 and most likely not since 2005.

I have read through the basic steps to take but I am uncertain as to exactly who to send requests to , and what to enter as a defence on the claims forms. Would I be right to think the debt would now be statute barred?

Also would it be worth while my sending staute barred letters to all parties if this is applicable.

Any advice would very much appreciated,

Many thanks

[Nibbler]

Re: Cabot Financial (UK) Ltd Vs Apples05

Something basic along the lines of below is normal suggested for defence, but if there are other issues, disputes, or requests, it may need adding to or amending?

Others better with the actual court process can undoubtedly say.

1 The Claimant's claim was issued on 8th September 2014.

2 The Defendant contends that as this is a claim in contract and an excess of 6 years have passed since any cause of action may have accrued, any alleged debt is therefore statute barred pursuant to section 5 of the Limitation Act 1980.

3. The Claimant's claim to be entitled to payment of £xxxxx or any other sum, or relief of any kind is denied.

[Amethyst]

Re: Cabot Financial (UK) Ltd Vs Apples05

If you are certain you have never had any contact about this debt with Cabot then it does appear the case would be statute barred and you should be fine submitting the basic statute barred defence to the claim. The defence Nibbler posted is fine although I might add in a little bit

2 The Defendant contends that as this is a claim in contract and an excess of 6 years have passed since any cause of action may have accrued, and no acknowledgement of the debt or payment thereof has been made in that period, any alleged debt is therefore statute barred pursuant to section 5 of the Limitation Act 1980.

By way of back up I would, at the same time as entering your defence, send a CCA request to Cabot for a copy of the credit agreement - just in case something comes up and you find it isn't statute barred and so you have a second defence you can amend to if that happens.

Here's the CCA request http://www.legalbeagles.info/forums/...y-of-Agreement

[apples05]

Re: Cabot Financial (UK) Ltd Vs Apples05

If you are certain you have never had any contact about this debt with Cabot then it does appear the case would be statute barred and you should be fine submitting the basic statute barred defence to the claim. The defence Nibbler posted is fine although I might add in a little bit



By way of back up I would, at the same time as entering your defence, send a CCA request to Cabot for a copy of the credit agreement - just in case something comes up and you find it isn't statute barred and so you have a second defence you can amend to if that happens.

Here's the CCA request http://www.legalbeagles.info/forums/...y-of-Agreement

Thank you both so much for your advice. I am very grateful.

I am able to confirm that the last payment was made to Monument in Sept 2005 and I have nothing on my bank statements from beyond that point to suggest any further payments were made to them or any DCA either.

We had to move house in Sept 2008 and I absolutely have not made any kind of contact with them since then.

I will request the CCA from Cabot and submit a statute barred defence to the claim.

Should I also inform Restons that I believe the debt to be Statute bared in a separate letter?

[FlamingParrot]

Re: Cabot Financial (UK) Ltd Vs Apples05

I am able to confirm that the last payment was made to Monument in Sept 2005 and I have nothing on my bank statements from beyond that point to suggest any further payments were made to them or any DCA either.

We had to move house in Sept 2008 and I absolutely have not made any kind of contact with them since then.

I will request the CCA from Cabot and submit a statute barred defence to the claim.

Should I also inform Restons that I believe the debt to be Statute bared in a separate letter?

If you are going to submit a defence, there's no need to contact them separately. The court will send them a copy of your defence and they will have 28 days to respond stating whether they wish to proceed with the claim or not. If they don't respond after that time, the case will be stayed.

[apples05]

Re: Cabot Financial (UK) Ltd Vs Apples05

Hi

A big thank you to all again for the very welcome advice.

My defence has now been filed and I will update as soon as i hear anything.

[Amethyst]

Re: Cabot Financial (UK) Ltd Vs Apples05

Excellent, let us know soon as you hear anything xx

[apples05]

Re: Cabot Financial (UK) Ltd Vs Apples05

Hi again all.

Just a quick update and seeking some further advice please.

As suggested I requested a copy of the CCA from Cabot Financial. They have replied to advise that they do not have this information on file but have requested it from the original lender under section 77 and/or 78 of the Consumer Credit Act 1974. Their letter states they anticipate being able to provide the information within 40 days , but will write again to advise if it will not be possible to provide me with the info within that time frame.

I just wanted to ask if this is a standard response and if there is anything further that I should do at this stage?

I have had a letter from the court to advise that a copy of the defence has been sent to Restons , but as yet have heard nothing from them.

Many thanks :tinysmile_grin_t:

[Amethyst]

Re: Cabot Financial (UK) Ltd Vs Apples05

Yes that is a standard response from Cabot, I don't know why they feel they get 40 days when the actual compliance deadline is 12+2 days. But there we are. The CCA was amended so much to make it a little bit pointless in that respect.

You should hear about 5-6 weeks after the defence has been sent to the Claimants, if you don't then give the court a call to check if it has been stayed.

[apples05]

Re: Cabot Financial (UK) Ltd Vs Apples05

Hello again ,

Just to update , I have today received an notice of discontinuance from Restons solicitors.

The letter advises that the file with Restons is closed and what a huge relief it is to see those words.

I just wanted to check if i am i now required to do anything further regarding the claim?

Should I contact the court and check that it has been stayed or would that be an automatic part of Restons discontinuing the case?

Many , many thanks to all for your help

[Nibbler]

Re: Cabot Financial (UK) Ltd Vs Apples05

Excellent. Well done.

[Nibbler]

Re: Cabot Financial (UK) Ltd Vs Apples05

Should I contact the court and check that it has been stayed or would that be an automatic part of Restons discontinuing the case?

Many , many thanks to all for your help

In my mind, I would always contact the court to ensure that they have been informed of the discontinuance.

In fact, I think I would send/email them a copy of the notice you have received as well to be extra safe.