cabot finance claim form received

[jweb]

hi and a fab forum by the way..

Ok i received court claim forms from cabot finance who obviously has bought a very old debt from welcome finance for a car i had on hp.

I took out the finance back in 2001 roughly £2000 i paid for about 2 years (2003) then couldnt afford it and they took the car back. i heard nothing more from them ever since to this day. Also tbe welcome office ahut down years ago. I never had any correspondence from them nothing.

Then i get these claim forms through.

What on earth do i do? ive had a look at the badics on here but ive been told that if i write to them i will be opening up a nasty can of worms.

Can you advise me (idiots guide if you dont mind) as i would like to get rid of these idiots especially after just finishing paying out £55,000 over the last 13 years to the CSA.

oh and the amount cabot are asking for is £1889.00 so looks like all the payments i made in 2001 to 2003 disappeared.

[Amethyst]

Re: cabot finance claim form received

Once you have received a court claim I think that's the bag of worms well opened xxx

Certainly sounds like you could be statute barred so that's a complete defence, however as back up I would definately send the CCA and CPR letters detailed in first steps >> http://www.legalbeagles.info/forums/...it-Court-Claim

FIRST JOB is the acknowledge the claim on moneyclaim online. Details should be on the claim form ( bottom right)

Do you recall how long the original finance was to be paid over ? ( 5 years ?)

[jweb]

Re: cabot finance claim form received

Once you have received a court claim I think that's the bag of worms well opened xxx

Certainly sounds like you could be statute barred so that's a complete defence, however as back up I would definately send the CCA and CPR letters detailed in first steps >> http://www.legalbeagles.info/forums/...it-Court-Claim

FIRST JOB is the acknowledge the claim on moneyclaim online. Details should be on the claim form ( bottom right)

Do you recall how long the original finance was to be paid over ? ( 5 years ?)

yes it was 5 years
also i read on here somewhere that its advisable to check your credit file to look at the history on this hp purchase along with other info

[nemesis45]

Re: cabot finance claim form received

yes it was 5 years
also i read on here somewhere that its advisable to check your credit file to look at the history on this hp purchase along with other info

A credit file check is a good idea to get pointers on how the account has progressed default date etc.

nem

- - - Updated - - -

yes it was 5 years
also i read on here somewhere that its advisable to check your credit file to look at the history on this hp purchase along with other info

A credit file check is a good idea to get pointers on how the account has progressed default date etc.

nem

[jweb]

Re: cabot finance claim form received

just wanted to ask is it advisable to send this first.
Creditor/DCA name and address:

Your name and address:

Account/Reference No:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY FORM WHATSOEVER

Date:

FAO: [Name of person on letter]

Dear Sir/Madam,

I in no way admit any liability for this alleged debt, which is Statute Barred.

The last payment was made over 6 years ago, and since then I have not acknowledged any liability or made any further payments.

As this debt is Statue Barred, you cannot take court action unless you can provide documentary evidence of payment or written contact from me acknowledging any alleged debt within this period, as per s5 of the Limitation Act 1980, and any court claim will be defended and counter claimed against on this basis.

The Financial Conduct Authority state in CONC 7.15.4: Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland, if the lender or owner has not been in contact with the customer during the limitation period.

Also:

7.15.6: A firm must endeavour to ensure that it does not mislead a customer as to
the customer's rights and obligations.

Furthermore:

7.15.8: A firm must not continue to demand payment from a customer after
the customer has stated that he will not be paying the debt because it is
statute barred.

If you are unable to provide documentary proof of any payment or contact then you must tell me and confirm in writing this matter is now ended, that you will no longer pursue any recovery action, including discontinuing any court claims, and that the account is closed. Failure to do so, or any further communications pressing for payment of any kind without proof, will be reported to the Financial Ombudsman Service, the Financial Conduct Authority, the Trading Standards Board, the Solicitors Regulation Authority and the Information Commissioner’s Office, without further recourse to yourselves.

Yours Etc.

[Amethyst]

Re: cabot finance claim form received

It is a little irrelevant and all encompassing as you have a county court claim against you for the debt ( overkill basically)

You can add to your CPR request about the debt being statute barred though. Just a paragraph at the beginning 'It is my contention that the alleged debt is statute barred pursuant to section 5 of the Limitation Act 1980 and I intend to defend your clients claim on that basis. If you dispute this to be the case please send documentary evidence when you respond to my request made under CPR 31.14 below."

[jweb]

Re: cabot finance claim form received

amethyst could you inbox me the first coarse of action/template(s) i need to use as i will be doing this tonight. sorry to come across as thick but i really want to get this right first time and not screw it up for myself. really do appreciate your valuable time and effort and if i get these off my back you will be rewarded.

[Kati]

Re: cabot finance claim form received

amethyst could you inbox me the first coarse of action/template(s) i need to use as i will be doing this tonight. sorry to come across as thick but i really want to get this right first time and not screw it up for myself. really do appreciate your valuable time and effort and if i get these off my back you will be rewarded.

The letter templates are shown in the link Ame posted up here:

Once you have received a court claim I think that's the bag of worms well opened xxx

Certainly sounds like you could be statute barred so that's a complete defence, however as back up I would definately send the CCA and CPR letters detailed in first steps >> http://www.legalbeagles.info/forums/...it-Court-Claim

FIRST JOB is the acknowledge the claim on moneyclaim online. Details should be on the claim form ( bottom right)

Do you recall how long the original finance was to be paid over ? ( 5 years ?)

CCA request - http://www.legalbeagles.info/forums/...y-of-Agreement

CPR request - http://www.legalbeagles.info/forums/...ic-information

K xx

[jweb]

Re: cabot finance claim form received

thank you i will keep you informed how i get on to help others too

[jweb]

could admins please check this defence for me

please could admins have a look at this drafted defence any suggestions are welcome

[charitynjw]

Re: could admins please check this defence for me

http://legalbeagles.info/forums/show...highlight=jweb

jweb's other thread

@Kati - could you sort it in your usual efficient manner?

[jweb]

Re: could admins please check this defence for me

thank you charitynjw and Kati in advance

[Kati]

Re: could admins please check this defence for me

http://legalbeagles.info/forums/show...highlight=jweb

jweb's other thread

@Kati - could you sort it in your usual efficient manner?

thank you charitynjw and Kati in advance

merged your threads (thanks Charity xx) and :bump: for [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] xx

[jweb]

Re: cabot finance claim form received

thanks to everyone who is and has assisted me, if someone could let me know if the defence document i attached looks ok as i was banking on sending it in soon. of coarse any feedback is greatly appreciated

[nemesis45]

Re: could admins please check this defence for me

Good morning JW.
Good to go? Just one amendment " Debt agreement" amend to " Credit agreement".

nem