dieselman60 - cabot /restons claim

[dieselman60]

hi everyone .
only joined a few days ago sorry, still not certain where to go with this. on Christmas eve we had a county court claim form in our post box it reads; ;claimant claims payment of the overdue balance from the defendant--mbna Europe bank ltd dated jan 2000 and assigned to the claimant on july 19 2001 in the sum of 2488.07. the issue date was 22/12/2014.
we have had a stressful Christmas because of not only this but in 8 days time I have to go into hospital for a 8 hour open heart surgery.. please can anybody help with this as I am finding this very difficult to cope with this at the moment as I haven't got a clue what to do .thank you all and a happy Christmas to you

[MIKE770]

Re: cabot /restons claim

can you give more details i.e. last payment date, you say assigned to the claimant on July `19 2001??

[nemesis45]

Re: cabot /restons claim

OK Old MBNA accounts often full of problems, so acknowledge service and intention to defend in full.

Send a CCA request to Cabot (£1 statutory fee payable, use cheque or postal order clearly marked for "statutory fee only" keep a photo copy.)
This is to se if Cabot can come up with the agreement.
The A CPR 31.14 request to Restons to get all documents mentioned in the Particulars of Claim (POC), (Restons may decline if the claim was issued from the Northampton Count Court).

Check your credit reference files to see if this account still shows.

When was the last payment made?

Please don't stress over this there will be more help when others become available.

[dieselman60]

Re: cabot /restons claim

hi. sorry just been doing my medication im afraid I cant tell you my last payment date due to my ill health a lot of paperwork has been lost. I know im a twit ,yes it says, assigned to the claimant on July 19. 2001 on the bottom left hand side of the claim form sorry don't want to be unhelpful but that's all I know im afraid I cant remember when I paid them it must have been at least 7/8 years ago
you see ive had to put up with 3 redundancies over the last 10 years so things have been difficult

[nemesis45]

Re: cabot /restons claim

hi. sorry just been doing my medication im afraid I cant tell you my last payment date due to my ill health a lot of paperwork has been lost. I know im a twit ,yes it says, assigned to the claimant on July 19. 2001 on the bottom left hand side of the claim form sorry don't want to be unhelpful but that's all I know im afraid I cant remember when I paid them it must have been at least 7/8 years ago
you see ive had to put up with 3 redundancies over the last 10 years so things have been difficult

Don't worry this is not a problem, if you check your credit files it will give a rough idea of the conduct of the account there is a Free
on line CRA site called Noddle .

My guess is because of the age ( start date 2001) this is already Statute Barred ( no payment or unequivocal written acknowledgment of the debt in 6 clear years) if this is the case you have a complete defence to the claim.

nem

[dieselman60]

Re: cabot /restons claim

thanks, nemisis45 this is a complete eye opener to me ill find the noddle site and get back to you. thanks very much

[nemesis45]

Re: cabot /restons claim

thanks, nemisis45 this is a complete eye opener to me ill find the noddle site and get back to you. thanks very much

Always happy to help!!

[Amethyst]

Re: cabot /restons claim

The letters nemesis mentions (CCA / CPR ) can be found http://www.legalbeagles.info/forums/...it-Court-Claim It does sound like it is a statute barred debt so you should also tell them that - there's an example letter http://www.legalbeagles.info/forums/...&p=873#post873 you could amend. If you need some help with the letters please feel free to ask xxx

[nemesis45]

Re: cabot /restons claim

The letters nemesis mentions (CCA / CPR ) can be found http://www.legalbeagles.info/forums/...it-Court-Claim It does sound like it is a statute barred debt so you should also tell them that - there's an example letter http://www.legalbeagles.info/forums/...&p=873#post873 you could amend. If you need some help with the letters please feel free to ask xxx

Thank you Amethyst>

Happy New Year!!!

[dieselman60]

Re: dieselman60 - cabot /restons claim

thanks once again, as I said this is completely new to me and I don't want to make any mistakes so stress levels are high enough at the moment

[nemesis45]

Re: dieselman60 - cabot /restons claim

thanks once again, as I said this is completely new to me and I don't want to make any mistakes so stress levels are high enough at the moment

Please don't let this affect your health any further there will be help here every step of the way!!!

nem

[dieselman60]

Re: dieselman60 - cabot /restons claim

hi , I have just done the moneyclaim gov registration etc ive missed the post office so my cca request
will not go until Monday do I have to send the cpr31.14 also at the same time? thanks for your help

[dieselman60]

cpr

hi everyone, do I have to send the cpr request at the same time as I send out the cca also does it have to go by registered post
thanks

[dieselman60]

Re: cabot /restons claim

hi sorry to disturb .been on Experian/ noodles web sites. cannot find anything about cabot/ mbna payments is this a good thing /??

[mystery1]

Re: cpr

No.

No. Get a free proof of posting.

M1