Urgent advice needed... Claim form - Cabot Financial

[DixieDean]

Hi all,

i have receives a claim claim form from County Court Business Centre, Northampton and desperately need some advice, as I'm really panicking.

Details are:

Issue date - 02 June 2016
Amount - £3646 (including £185 court fee and £80 legal rep costs)
Claimant - Cabot Financial (UK) Ltd
Solicitor - Mortimer Clarke Solicitors Ltd
Original Creditor - Lloyds Bank

Particulars of claim: It's an old credit card that I defaulted on and was terminated before I had a chance to repay in full. This was many years ago and I cannot remember the amount that was owed. This is on my credit report and I want it sorted so I can start to rebuild my credit rating. ( Sorry, but I don't know what 'stature barred' means.)

Please help!

[Stu]

Re: Urgent advice needed... Claim form - Cabot Financial

statute barred debt refers to a debt that's not enforceable because the time a creditor has to chase payment has passed (6 years). This is outlined under the Limitation Act 1980.

When did you last pay anything towards this debt or have made an acknowledgment on it... ?

[DixieDean]

Re: Urgent advice needed... Claim form - Cabot Financial

Thanks for reply.

I've never acknowledged the debt or paid anything towards it for many years - definitely more than six. I don't know when or how Cabot took over the debt.

[Stu]

Re: Urgent advice needed... Claim form - Cabot Financial

Well if you definitely can be sure of the time scale the SB is a full defence in itself, get CPR & CCA request sent Monday ...

[charitynjw]

Re: Urgent advice needed... Claim form - Cabot Financial

I would tag onto the CPR letter to MC (or a separate letter in the same envelope) that in your honest opinion the alleged debt is Statute barred by virtue of s5 Limitation Act 1980, & should they dispute the fact, to please provide supporting evidence (if payment within the 6 years, the date & method of payment & the amount, or any express acknowledgement of the alleged debt)

It will then be the Claimant's burden to show the contrary position (ie show that it's not SB)

& don't forget proof of postage for both letters.

[DixieDean]

Re: Urgent advice needed... Claim form - Cabot Financial

Thanks very much.

How can I get this debt removed from my credit report?

[nemesis45]

Re: Urgent advice needed... Claim form - Cabot Financial

Thanks very much.

How can I get this debt removed from my credit report?

The account will be removed from the credit files, Equifax/Experian and Call Credit and the free online offshoots on the 6th anniversary of the default date shown on the CRA files.

A debt unenforceable in court / statute barred still exists and remains collectable and is still reported on credit files.

nem

[DixieDean]

Re: Urgent advice needed... Claim form - Cabot Financial

Even though this debt is over 6 years old, does it matter if Cabot took on the debt less than 6 years ago.

[DixieDean]

Re: Urgent advice needed... Claim form - Cabot Financial

Also, the date of default on my credit report on Noddle says 23/06/10 but this debt is much older than that! Confused!

[Kati]

Re: Urgent advice needed... Claim form - Cabot Financial

Also, the date of default on my credit report on Noddle says 23/06/10 but this debt is much older than that! Confused!

have you sent off the CCA and CPR requests? Have you acknowledged receipt of the claim form online via MCOL?

If the default date on your credit report is wrong, then it can be amended (if you can PROVE it) ... as it stands, it would fall off your credit report after 6yrs anyway (so that would be 23/06/2016)

[DixieDean]

Re: Urgent advice needed... Claim form - Cabot Financial

Just about to send off CCA and CPR requests and acknowledge debt on MCOL.

23/06/16 is next week! So will it not be on my credit report next week?

[Stu]

Re: Urgent advice needed... Claim form - Cabot Financial

It won't show on your file when your Noddle account is next refreshed, Noddle refresh your account every 30 days or so.

[Guest]

Re: Urgent advice needed... Claim form - Cabot Financial

Just a reminder, whatever cabot might tell you , e.g that the account is on hold pending retrieval of your agreement you MUST follow the time scale set down by the court so now you have acknowledged the claim get the defence in by the due date, preferably a couple of days before to be on the safe side

[DixieDean]

Re: Urgent advice needed... Claim form - Cabot Financial

Excuse my lack of knowledge with all this, but when I log onto MCOL, am I taking out a counter claim? If so, it is asking me what 'my claim is for'. What does that mean?

[Guest]

Re: Urgent advice needed... Claim form - Cabot Financial

No you are not counter claiming but you are acknowledging the claim with a defend all