Cabot Financial Vs Old Man Gaming

[old man gaming]

Issue Date 08/06/2015
This is for a Mables Card that I had in 2000, I believe the last communication/payment was in 2009. According to credit file it was recorded as default in Aug 2010 but by Cabot not BOS.
I have completed full defence form on MCOL.
Completed CCA request to Cabot.
Completed CPR to solicitors.
Hopefully they should stall or find this is statute barred, as I think it may well be or very close.
OMG!!!

[FlamingParrot]

Re: Cabot Financial Vs Old Man Gaming

Welcome aboard

Issue Date 08/06/2015
This is for a Mables Card that I had in 2000, I believe the last communication/payment was in 2009. According to credit file it was recorded as default in Aug 2010 but by Cabot not BOS.

Any idea when in 2009? The default would reflect the name of the new owner but the date should be the same as the original default. They are supposed to be recorded three to six months after you default on the account. Does the claim say when the debt was assigned to Cabot?

[/B]]I have completed full defence form on MCOL.

You mean acknowledgment, right? As opposed to a full defence. :confused2:

Completed CCA request to Cabot.
Completed CPR to solicitors.
Hopefully they should stall or find this is statute barred, as I think it may well be or very close.
OMG!!!

They won't find it's statute barred, it's up to you to state that it is and them to show it isn't (if applicable either way).

You need to try and find out when your last payment was made, some people have succeeded in asking the original creditor over the phone. You could also send a SAR, as they have 40 days to respond you probably wouldn't get it before your defence is due, however, from experience, you'll very likely end up submitting a generic defence based around their non-compliance with your requests for documents and it will be a few months before this is due to go to trial if it was to get that far, so you'd get the SAR before that.

Cabot will very likely respond with their usual template letter saying it'll take 40 days to get a copy of your agreement, that request should not be chased and you should still make sure you submit a defence within 33 days of the date printed on the claim. :typing:

[old man gaming]

Re: Cabot Financial Vs Old Man Gaming

Thank you for the reply..
Sorry new to the terminology...it was an AOS..
The debt was assigned to Cabot in May 2010 and this is where they have the default notice from...however I am certain that the last communication/payment was Aug 2009.

[FlamingParrot]

Re: Cabot Financial Vs Old Man Gaming

Thank you for the reply..
Sorry new to the terminology...it was an AOS..
The debt was assigned to Cabot in May 2010 and this is where they have the default notice from...however I am certain that the last communication/payment was Aug 2009.

I didn't mean to be pedantic when asking the question, it's just that when dealing with legal matters, the devil's in the detail.

That date is wrong and is something you could get amended, if only for the purpose of not having to wait another year for the default to drop off, however, is not relevant to the claim. If your last payment was in August 2009 then it wouldn't be SBd.

We'll have to look at other arguments for your defence. I realise it's been 15 years but have you any idea how you applied for this card? Probably not online that far back, was it over the phone? in branch? a mailout? an advert?

At that time it was fairly common to have application forms in the shape of little booklets or even within magazines and other publications where you would just fill in your details and sign, then the full terms would be sent at a later date, usually with the card.

How much is the claim for?

Could you type up the particulars of the claim? :typing: