Cabot Claim from 2003

[tendring owner]

Hi Guys,

Perhaps you can help. 2003 purchase with RBS Shell credit card of £426.0. Goods provided were not as invoice. Numerous correspondence with RBS until Citi Financial took over the RBS Shell credit card operation in 2007. Letters to Citi, and RBS saying the debts which had now reached with interest and charges under £1,400. Court Action brought on the basis that there was a credit card agreement from 2007 with Citi. Each new debt company being informed of the above, and all ignored that the credit card was taken out with RBS, including the current solicitor acting for Cabot.

Any help in defending the court action

Wally

[nemesis45]

Re: Cabot Claim from 2003

Hi Guys,

Perhaps you can help. 2003 purchase with RBS Shell credit card of £426.0. Goods provided were not as invoice. Numerous correspondence with RBS until Citi Financial took over the RBS Shell credit card operation in 2007. Letters to Citi, and RBS saying the debts which had now reached with interest and charges under £1,400. Court Action brought on the basis that there was a credit card agreement from 2007 with Citi. Each new debt company being informed of the above, and all ignored that the credit card was taken out with RBS, including the current solicitor acting for Cabot.

Any help in defending the court action

Wally

Hi Wally, welcome to LB from the next local authority CBC.

Can you please post a redacted copy of the Claim form received (N1).

Who is issuing the claim is it Cabot?

Acknowledge the service of the claim at MCOL and show intention to defend in full.

Then A CCA Request to the claimant a£1 statutory fee is payable, use a cheque or postal order endorsed " for statutory fee only" the c claimant has 12 + 2 Working days to comply. This is to see if they can produce an agreement for the account

I presume that a solicitor has issued this claim, which one is it please?

You send a request made under Civil Procedure Rule 31.14 to the sols for the documents mentioned on the particulars of claim, e.g.
an agreement, an Notice of Assignment, a default notice, if these are mentioned( nothing else can be requested.

From the history do far this may well be statute barred.

SB in England and Wales = No Payment or unequivocal written acknowledgment of the claim in 6 clear years.

Also given that Cabot has no idea it seems who exactly the original creditor was it's likely this can be easily disposed of.

Is the account on credit reference files?

Have you made any payment to any party in the 6 years up to the date the claim was issued/or acknowledged the debt.

nem

[FlamingParrot]

Re: Cabot Claim from 2003

Hi Guys,

Perhaps you can help. 2003 purchase with RBS Shell credit card of £426.0. Goods provided were not as invoice. Numerous correspondence with RBS until Citi Financial took over the RBS Shell credit card operation in 2007. Letters to Citi, and RBS saying the debts which had now reached with interest and charges under £1,400. Court Action brought on the basis that there was a credit card agreement from 2007 with Citi. Each new debt company being informed of the above, and all ignored that the credit card was taken out with RBS, including the current solicitor acting for Cabot.

Any help in defending the court action

Your first step should be to acknowledge the claim and tick the box saying you intend to defend the whole claim. You need to follow the steps below as a starting point.

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 )

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )

Once you've done that we can look at the issues raised above. For a start, if you've made no payments and have not acknowledged the debt in writing in the last six years, this would be statute barred, meaning it cannot be recovered through the courts. Was your last payment made in 2007?

[tendring owner]

Re: Cabot Claim from 2003

Thank you for the reply.All advice being followed.

[tendring owner]

Re: Cabot Claim from 2003

Hi F P

After lots of hassle offered £50 in full and final settlement in March 2009,no reply but cheque cashed. Informed Citi in 2007 after they had taken over RBS credit card,due to no response, would charge them £ 50 per my letters to them and any debt agency / contact re outstanding amount.Many letters sent.

Thanks

Wally

- - - Updated - - -

Hi Nem,


After lots of hassle offered £50 in full and final settlement in March 2009,no reply but cheque cashed. Informed Citi in 2007 after they had taken over RBS credit card,due to no response, would charge them £ 50 per my letters to them and any debt agency / contact re outstanding amount.Many letters sent.


Wally

[nemesis45]

Re: Cabot Claim from 2003

Hi F P

After lots of hassle offered £50 in full and final settlement in March 2009,no reply but cheque cashed. Informed Citi in 2007 after they had taken over RBS credit card,due to no response, would charge them £ 50 per my letters to them and any debt agency / contact re outstanding amount.Many letters sent.

Thanks

Wally

- - - Updated - - -

Hi Nem,


After lots of hassle offered £50 in full and final settlement in March 2009,no reply but cheque cashed. Informed Citi in 2007 after they had taken over RBS credit card,due to no response, would charge them £ 50 per my letters to them and any debt agency / contact re outstanding amount.Many letters sent.


Wally

Hi Wally,

I you sent a cheque without getting written agreement to a Full & Final Settlement the creditor
will treat it as a " gift" and will continue to press for payment, did you take advice before doing
this and charging for letters if so whoever advised the course of action was totally wrong

nem

[FlamingParrot]

Re: Cabot Claim from 2003

Hi F P

After lots of hassle offered £50 in full and final settlement in March 2009,no reply but cheque cashed. Informed Citi in 2007 after they had taken over RBS credit card,due to no response, would charge them £ 50 per my letters to them and any debt agency / contact re outstanding amount.Many letters sent.

The settlement procedure above may have been incorrect but it was something that was being recommended on various internet sites at the time, in fact, some are still suggesting similar things like charging for letters. It's been a long time so there's no point in going over it. The main thing here is that, although you would have reset the clock by making the offer and sending the cheque in 2009, the claim was issued more than six years after that, so the debt would be statute barred without any payments or written acknowledgment in the last six years. :thumb: :thumb: :thumb:

[tendring owner]

Re: Cabot Claim from 2003

Hi FP,

I replied many times in the last six years to Cabot and various debt agencies, explaining the history. Does this now mean the debt would not be statute barred?

Wally

[tendring owner]

Re: Cabot Claim from 2003

Hi Nem,

I replied many times in the last six years to Cabot and various debt agencies, explaining the history. Does this now mean the debt would not be statute barred?

Any further help appreciated.

Wally

[nemesis45]

Re: Cabot Claim from 2003

Hi Nem,

I replied many times in the last six years to Cabot and various debt agencies, explaining the history. Does this now mean the debt would not be statute barred?

Any further help appreciated.

Wally

Hi Wally,

If any of your letters contained any statement that could be considered an " unequivocal" admission of liability for the alleged debt it would reset " 6 year Clock, e.g., " Making an offer to clear MY debt" or similar phrasing will be considered an admission that you accept liability, unless you have stated clearly that the offer was made without admission of any liability, or as a " gesture of goodwill without admission of liability".

Verbal offers do not affect the Limitation period.

The fact is that sending any payment before on has written agreement to the offer was totally wrong the was and still is no" may" or " might" about this, the creditor can treat any such payment as a gift and continue to press for payment of the remaining balance.

nem

[FlamingParrot]

Re: Cabot Claim from 2003

Hi FP,

I replied many times in the last six years to Cabot and various debt agencies, explaining the history. Does this now mean the debt would not be statute barred?

It all depends on a number of factors such as what you replied with, who you replied to and how you did it. Only written replies count and if it's gone round the houses, they may not have every single letter on file.

As a guide, if you disputed the debt, requested a copy of your agreement, argued about it, etc. that's not acknowledgment. Any repayment offer, lump sum, full and final settlement offer or an offer of monthly repayments, token payments, etc. would constitute acknowledgment.

As above, they may not have every single letter on record. There are numerous cases taken to court on here where the debt is SBd or nearly SBd, the creditor's arguments against SBd are based around alleged one-off random payments (phantom payments most of the time) or default dates rather than letters from the debtor.