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

[Pyroadi]

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.

[PAWS]

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:

[FlamingParrot]

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?

[Pyroadi]

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.

[ODC]

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.

[Pyroadi]

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.

[FlamingParrot]

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.

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:

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:

[Pyroadi]

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

Do I need to prove its statute barred?

[ODC]

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

[Amethyst]

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 )

[Pyroadi]

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?

[ODC]

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

[nemesis45]

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

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

[nemesis45]

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

[Pyroadi]

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.