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**DISCONTINUED**Cabot Financial (UK) Limited / Arg Card Services Ltd - 5-6-2015

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  • **DISCONTINUED**Cabot Financial (UK) Limited / Arg Card Services Ltd - 5-6-2015

    Received a claim? Yes
    Issue Date: 5-6-2015
    Amount approx: £292 plus fees and costs.
    Claimant: Cabot Financial (UK) Limited
    Solicitor: Restons Solicitors Limited
    Original Credit: Arg Card Services Ltd

    Particulars of Claim:
    The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Arg Card Services Ltd dated on or about Jun 18 2002 and assigned to the Claimant on Mar 16 2015

    Stat Barred? Yes

    Have sent: Acknowledged the Claim

    Other Info:
    I know I've not made any payment or acknowledgement since approx 2008. Also, naively< before finding this site I put in a defence stating that this would be statute barred. Finally, today I received a letter from the solicitors basically saying they would reject my defence and also they are claiming that I made a payment in June 2009 which I know never happened.

    Any advice on what to do next would be much appreciated. The solicitors say I have 14 days to respond to them.
    Last edited by Pyroadi; 18th June 2015, 16:20:PM.
    Tags: None

  • #2
    Re: Court Claim - Cabot Financial (UK) Limited / Arg Card Services Ltd - 5-6-2015

    Just giving this a wee bump for you! I am sure someone will take a look when they get a second.:bump2:

    An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
    ~ Anonymous

    Comment


    • #3
      Re: Court Claim - Cabot Financial (UK) Limited / Arg Card Services Ltd - 5-6-2015

      There are a lot of phantom payments suddenly appearing on claims for SBd debts. :mad2: :mad2: :mad2:

      Have they provided any PROOF that such a payment was made? I could also say that you made a payment… Why would people suddenly make a one off payment out of the blue? If you didn't pay or acknowledge since 2008 then it should be SBd and it was not naive to make such an assumption. I would ask them to show you how the payment was made. If Cabot didn't buy the debt until this year, I very much doubt they'll have statements going back to 2009!

      Out of interest, how much is this alleged payment? It's not £1 by any chance?

      Comment


      • #4
        Re: Court Claim - Cabot Financial (UK) Limited / Arg Card Services Ltd - 5-6-2015

        They never said, just that a payment was received conveniently enough inside the 6 year point. What should I do next? I know its statute barred - they are saying basically I need to prove that.

        Comment


        • #5
          Re: Court Claim - Cabot Financial (UK) Limited / Arg Card Services Ltd - 5-6-2015

          They are wrong. You have told them its statute barred.

          THEY must prove a payment was made and that YOU made it. Its okay for them to say a payment was made but they will need DOCUMENTARY proof such payment was made.

          According to the Leeds losers I made a payment one time on a Sunday in a bank 300 miles from where I live. Best of all i wasnt even in the country at the time.

          Comment


          • #6
            Re: Court Claim - Cabot Financial (UK) Limited / Arg Card Services Ltd - 5-6-2015

            How should I proceed? Last update on the actual claim on the MCOL site is that defence has been received. Oh and just to add, I am getting calls of Cabot every day which is nice.
            Last edited by Pyroadi; 18th June 2015, 20:41:PM.

            Comment


            • #7
              Re: Court Claim - Cabot Financial (UK) Limited / Arg Card Services Ltd - 5-6-2015

              Originally posted by Pyroadi View Post
              They never said, just that a payment was received conveniently enough inside the 6 year point. What should I do next? I know its statute barred - they are saying basically I need to prove that.
              They are saying it the wrong way round. The onus is on THEM to PROVE that it isn't, if you say you didn't make a payment, they have to PROVE that you did. :thumb:

              Originally posted by Pyroadi View Post
              How should I proceed? Last update on the actual claim on the MCOL site is that defence has been received. Oh and just to add, I am getting calls of Cabot every day which is nice.
              You have submitted your defence and they have to respond to the court to say whether they wish to proceed with the claim within 28 days of receipt of your defence. After that the court will send both sides a directions questionnaire to be filled in and returned. The court will then give directions including the requirement to disclose the documents they intend to rely on. If they can't show the alleged payment they will be thoroughly stuffed so they may well discontinue the case before it gets to that point. :grin:

              Comment


              • #8
                Re: Court Claim - Cabot Financial (UK) Limited / Arg Card Services Ltd - 5-6-2015

                Do I need to prove its statute barred?

                Comment


                • #9
                  Re: Court Claim - Cabot Financial (UK) Limited / Arg Card Services Ltd - 5-6-2015

                  NO!! As you have been told. The onus is on them to prove it is not statute barred.

                  Think about it logically. You cannot prove something that didnt happen

                  Comment


                  • #10
                    Re: Court Claim - Cabot Financial (UK) Limited / Arg Card Services Ltd - 5-6-2015

                    No, they need to prove that it isn't. xx

                    If they say there is a payment within the six years they need to evidence this payment. You could ask Cabot to tell you by what method the payment was made and who it was made to while informing them that you put them to strict proof that it was made and disputing their claim in its entirety.

                    If you do have bank statements from that period showing there wasn't a payment then that would help though - ie if they say it was a debit card payment from xxxxxx account - you can show that it wasn't.


                    ( sorry crossed posts with ODC )
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Re: Court Claim - Cabot Financial (UK) Limited / Arg Card Services Ltd - 5-6-2015

                      I'll likely not have statements but I know there were no payments.

                      Sorry for all questions but is there a template I can ask for proof of payments or just do I write to them and straight out ask? Or should I wait to see if they go ahead with their claim?

                      Comment


                      • #12
                        Re: Court Claim - Cabot Financial (UK) Limited / Arg Card Services Ltd - 5-6-2015

                        Dear Crapbot

                        I have made my position clear. This alleged debt is Statute Barred by virtue of S5 of The Limitation Act 1980.

                        Any court case will be defended on this basis as you have supplied no written proof to the Contrary.

                        I need not remind of your obligations nor should it be necessary to explain the OFT guidelines on the collection of Statute Barred Debt

                        Yours etc

                        Comment


                        • #13
                          Re: Court Claim - Cabot Financial (UK) Limited / Arg Card Services Ltd - 5-6-2015

                          Originally posted by ODC View Post
                          Dear Crapbot

                          I have made my position clear. This alleged debt is Statute Barred by virtue of S5 of The Limitation Act 1980.

                          Any court case will be defended on this basis as you have supplied no written proof to the Contrary.

                          I need not remind of your obligations nor should it be necessary to explain the OFT guidelines on the collection of Statute Barred Debt

                          Yours etc
                          There is no OFT anymore the Financial Conduct Authority is now responsible
                          for the CCA 1974 (as amended).

                          Comment


                          • #14
                            Re: Court Claim - Cabot Financial (UK) Limited / Arg Card Services Ltd - 5-6-2015

                            To Cabot

                            Ref: C C Claim No. xxxxxxxxxxxxxxxx


                            Sir/madam

                            I refer to County Court Claim Noxxxxxxxxxxxx

                            Please take note the alleged debt for which this claim has
                            been issued is statute barred under the provisions of section
                            5 of the Limitations Act 1980 and I suggest that in the interest
                            of saving costs and court time Cabot withdraws its claim forthwith.

                            I am fully aware that there has in the past been claims of
                            " mystery " unsupported payment being made in the relevant
                            6 year period and I can assure Cabot that no such payment
                            has been made in regard to this alleged debt.

                            use signed for post.

                            nem

                            Comment


                            • #15
                              Re: Court Claim - Cabot Financial (UK) Limited / Arg Card Services Ltd - 5-6-2015

                              Received a fresh letter today after months of nothing.

                              They are willing to accept a compromise settlement figure or alternatively they want me to enter a Tomlin Order whatever that is...

                              For info there was no contact after I posted my defence in June.

                              Comment

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