Claim Form Cabot

[snaylor111]

Hi there. I hope someone can point me in the right direction i have never had this happen to me before and i'm very worried. Today i have received a claim form from the courts from Cabot Financial. Regarding a catalog i had back in 2008 (JD Williams) I have not spoken to anyone on the phone ever and not made a payment since 2008 or less i just don't know were to go from here i cant stop thinking about it can anyone help. it's been well over 6 years it should be statutory barred anymore info please let me know

[FlamingParrot]

Re: Claim Form Cabot

Welcome aboard
The first thing to do is to acknowledge the claim and state you are defending the whole lot. See below for steps to take on receipt of a claim. If you haven't paid anything since 2008 then it should be SBd, however, it's always useful to get them to send you some info in case you need a back-up plan. Once you acknowledge you have a total of 28 days to submit a defence. :thumb:

So, first steps (within 14 days of receiving the claim)

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 - this will extend the time you have to respond to the claim to 28 days from when you received it

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)

[snaylor111]

Re: Claim Form Cabot

Hi there thank you for your response i will send off for the info tomorrow. What would u say in defence that i Havant payed nothing since 2008 and should be sbd? Also would i have to go to court?

thanks

Welcome aboard
The first thing to do is to acknowledge the claim and state you are defending the whole lot. See below for steps to take on receipt of a claim. If you haven't paid anything since 2008 then it should be SBd, however, it's always useful to get them to send you some info in case you need a back-up plan. Once you acknowledge you have a total of 28 days to submit a defence. :thumb:

So, first steps (within 14 days of receiving the claim)

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 - this will extend the time you have to respond to the claim to 28 days from when you received it

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)

[Nuff55]

Re: Claim Form Cabot

You won't have to submit any defence for several weeks so no need to let that worry you just yet. Just do as Flaming parrot says for now.

[snaylor111]

Re: Claim Form Cabot

I've just been on the phone to Citizens Advice & they have got me booked in for an appointment next Wednesday they've told me it could be statutory barred, they've also told me not to reply to the claim and for them to have a look at it

[FlamingParrot]

Re: Claim Form Cabot

Hi there thank you for your response i will send off for the info tomorrow. What would u say in defence that i Havant payed nothing since 2008 and should be sbd? Also would i have to go to court?

thanks

When the time comes, you can just submit a SBd defence. Take a look at this thread: http://www.legalbeagles.info/forums/...ing#post452862

I've just been on the phone to Citizens Advice & they have got me booked in for an appointment next Wednesday they've told me it could be statutory barred, they've also told me not to reply to the claim and for them to have a look at it

I really can't see what the Citizens Advice can advise in this case, other than what we've told you here :noidea:

I find the bit about not replying to the claim, most intriguing. :confused2: Once a claim is issued, you HAVE to acknowledge it within 14 days or the claimant can request default judgment. :scared:

People working for the CABs have varying degrees of knowledge and expertise, some are just volunteers and most are not legally qualified. The person who answered the phone was probably thinking along the lines of not acknowledging the debt and resetting the clock when they said not to reply to the claim, however, that no longer applies in this case for two reasons:

1. Once a debt is SBd due to there being a clear 6 year period without any payments or written acknowledgment, it cannot be un-barred, not even by making a payment.
2. If the debt was not yet SBd, issuing court proceedings would have reset the clock anyway.

In view of the above, there's no reason whatsoever not to acknowledge the claim. :nono: