Court Claim - Cabot Financial / Egg - 12-11-2014

[dcgs]

Received a claim? Yes
Issue Date: 12-11-2014
Amount approx: 15000
Claimant: Cabot Financial
Solicitor: mortimer clarke solicitors
Original Credit: Egg

Particulars of Claim:
I defaulted on a card in early 2007 at the latest march 2007, due to wife having a car accident and couldnt work, and have not paid anything to that account ever since, then received a court claim last week.I checked my credit file and its clear, and am being advised by someone that if no payments have been made for 6 years or more they cant chase me ? Need some advice please

Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:

[Amethyst]

Re: Court Claim - Cabot Financial / Egg - 12-11-2014

Hiya, Welcome to Beagles :beagle:

It does sound as though the debt may be statute barred.

You can just defend the claim on that basis straight away or you can ask for more information from the claimants to double check dates of default and last payment, and that they have the relevant credit agreements etc to enforce the debt.

Sharon
xx

[Amethyst]

Re: Court Claim - Cabot Financial / Egg - 12-11-2014

Will help you btw just wondered which way you'd rather go...and how confident you are in your dates

[dcgs]

Re: Court Claim - Cabot Financial / Egg - 12-11-2014

Thanks for the response, am sure it was march or april, 2007, certainly no later, as we moved into rented accommodation in April 2007 after selling our home, i did try and use an agency to set up some kind kind of debt plan but i went into meltdown before i paid anything to them. Do i just contact the court or the claimant ? All advice is much appreciated.

[FlamingParrot]

Re: Court Claim - Cabot Financial / Egg - 12-11-2014

Thanks for the response, am sure it was march or april, 2007, certainly no later, as we moved into rented accommodation in April 2007 after selling our home, i did try and use an agency to set up some kind kind of debt plan but i went into meltdown before i paid anything to them. Do i just contact the court or the claimant ? All advice is much appreciated.

You need to acknowledge the claim within 14 days of receipt of the claim, stating your intention to defend it in full. Once you do that you get a further 14 days to submit your defence. A total or 28 days from date on claim plus 5 allowed for service (33 days from date on claim). You can use this calculator to obtain the date when your defence is due: http://www.timeanddate.com/date/dateadd.html :clock:

If you are sure the debt is statute barred you can submit a SBd defence straightaway without having to ask for documents, etc. Most people choose to send a CCA and CPR request in case the debt turns out not to be SBd for some reason, such as a payment being made which they'd forgotten all about and have a back-up strategy. It's up to you whether you want to do that or not, although given that the claim is for £15k it's probably not a bad idea.

This is the process to be followed:

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If you decide to go straight for the SBd defence, you'll find an example here: http://www.legalbeagles.info/forums/...822#post449822

[dcgs]

Re: Court Claim - Cabot Financial / Egg - 12-11-2014

Thankyou so much for this information, I am trying to deal with it now, thankyou again.