Court Action from Restons on Behalf of Cabot Financial UK Ltd

[means]

Hello,


I have received a letter from Restons Solicitors saying they are taking me to court in October 2016, for a debt which was opened in Oct 2004 and assigned to the DC on 24th Sept 2015. How can i defend this and what should I do because I have no knowledge of this and I have received a couple of letters from Cabot and I have sent a letter back asking for more details in the form of Signed documents from the original creditor ( I did not personally sign them) ect... as to date nothing from them only the Court papers from Restons and I have not admitted that this debt and totally refused the admittance of their letter and debt they say I owe.


I wish to defend this claim because after looking at my Credit Files I have nothing on there to state this debt ect....... If they get away with doing something like this then my credit files with be recorded with the CCJ I think!


Please help me with regards to some info or an wording of what I should send to the courts if I have to send anything in at all?


How can companies get away with doing this? I've been told that the debt if it was owned by me is now Statue Bar, but I have no idea of this term and just need advice of what my next steps should now be.


Thanks

[means]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

Here is the letter from the Solicitor to me about the court date ect....

I will post it again shortly

[Kati]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

tagging [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION] xx

[nemesis45]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

Here is the letter from the Solicitor to me about the court date ect....

I will post it again shortly

That's the Claim Form (N1) Have you acknowledged service of the claim? IMPORTANT if you have not acknowledged service do so now online at MCOl state intention to defend in full but do Not enter any defence now.

It's dated 17 August. You had 14 days to acknowledge have you done so??

I can see no mention of a court date in October???


nem

[means]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

That's the Claim Form (N1) Have you acknowledged service of the claim? IMPORTANT if you have not acknowledged service do so now online at MCOl state intention to defend in full but do Not enter any defence now.

It's dated 17 August. You had 14 days to acknowledge have you done so??

I can see no mention of a court date in October???


nem

I have just done what you have said and now what do I do Nem?

Sorry this is all new to me

[nemesis45]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

I have just done what you have said and now what do I do Nem?

Sorry this is all new to me

It's extremely fortunate that you posted yesterday you had only 14 days from the date the claim was issued so 17/08 + 14 days 31/08 you must take note that all the court processes associated with a claim have time limits for compliance/ submission if you are late or fail to respond the claim will be able to apply for judgment against you.

You will now need to start thinking about your defence.


Now please answer the following points.

1. You say that you believe the debt is statute barred, when was the last payment or written acknowledgment made on the account.

2. You say that your credit reference file does not show any entry for this account, please check that it's not now listed as a debt to Cabot.

If the debt is statute barred then we can probably stop this going any further but you must be sure that no payments or acknowledgments have been made in the six years up to and including the date the claim was issued

nem

[means]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

It's extremely fortunate that you posted yesterday you had only 14 days from the date the claim was issued so 17/08 + 14 days 31/08 you must take note that all the court processes associated with a claim have time limits for compliance/ submission if you are late or fail to respond the claim will be able to apply for judgment against you.

You will now need to start thinking about your defence.


Now please answer the following points.

1. You say that you believe the debt is statute barred, when was the last payment or written acknowledgment made on the account.

2. You say that your credit reference file does not show any entry for this account, please check that it's not now listed as a debt to Cabot.

If the debt is statute barred then we can probably stop this going any further but you must be sure that no payments or acknowledgments have been made in the six years up to and including the date the claim was issued

nem

Hello

The following are the answers to your questions.

1. You say that you believe the debt is statute barred, when was the last payment or written acknowledgement made on the account. This was done in 2006 and I have not acknowledged any letters from anyone since.

2. You say that your credit reference file does not show any entry for this account, please check that it's not now listed as a debt to Cabot. I have just checked and there is nothing on any of the Big 3 credit files that I have and hold.

If the debt is statute barred then we can probably stop this going any further but you must be sure that no payments or acknowledgements have been made in the six years up to and including the date the claim was issued. I can confirm that no payments have been made on this account for over 6 years to the date of the court letter being issued to myself

[nemesis45]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

Hello

The following are the answers to your questions.

1. You say that you believe the debt is statute barred, when was the last payment or written acknowledgement made on the account. This was done in 2006 and I have not acknowledged any letters from anyone since.

2. You say that your credit reference file does not show any entry for this account, please check that it's not now listed as a debt to Cabot. I have just checked and there is nothing on any of the Big 3 credit files that I have and hold.

If the debt is statute barred then we can probably stop this going any further but you must be sure that no payments or acknowledgements have been made in the six years up to and including the date the claim was issued. I can confirm that no payments have been made on this account for over 6 years to the date of the court letter being issued to myself

OK,

I'll draft a suggestion for sending to the solicitors.

Back a bit later.

nem

[means]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

Thank you and what about the court form do I need to send anything on the form I started yesterday with regards to defence on MCOl and thank you so much you people on here are stars,

[Diana M]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

Thank you and what about the court form do I need to send anything on the form I started yesterday with regards to defence on MCOl

Can you clarify that you have filed your Acknowledgement of Service online stating that you intend to defend all of the claim. Did you see a screen saying it was successful? You have 19 (not 14) days from the date of issue to do this.

Personally I would not write to the solicitors to inform them that you believe the debt to be statute barred. You should file your Defence before contacting them. I doubt Restons would Dicontinue the claim before you file a Defence. A letter may only prompt them to dig deeper for information.

It's not uncommon for Defendants to be wrong about SB dates so your Defence should include other legal arguments you may have. The deadline for your Defence is 33 days from the date of issue so you have time to gather your evidence.

Stick to the court timetable come what may.

Di

[nemesis45]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

Thank you and what about the court form do I need to send anything on the form I started yesterday with regards to defence on MCOl and thank you so much you people on here are stars,

Hello Means,

Everything can now be done/submitted online using the MCOL site.

nem

[means]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

I can confirm that I did start the acknowledgement of service and that I intend to defend all claims, but i have no idea what I should write in the defence or the wording. I think nemesis45 is wording something, but all help is greatly received.

[Diana M]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

I can confirm that I did start the acknowledgement of service and that I intend to defend all claims, but i have no idea what I should write in the defence or the wording.

That's why I asked my question because it looked like you hadn't filed your AOS yet. If you don't do that by the deadline the Claimant can get a Default Judgment against you at the click of a mouse.

You don't need to file your Defence at the same time as you file your AOS.

Incidentally we had a client who swore blind that their debt was SB but they were wrong by two years (they overlooked the token payments made via a DMP). You need to be 1000% certain before you file a Defence based on that legal argument alone. Throw everything you've got at them. If this Capital One account was opened in 2004 you may have other ammunition.

More haste less speed is needed however keen you are to make it go away.

Di

[means]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

Here are the answers to Nems questions from earlier in the thread.

I do understand what you are saying Diane and I go away on the 4th for my family holiday for 14 days and would like to get something in place before I leave so i may enjoy my break away. I can confirm 1000% that there has been no acknowledgement from myself with regards to this debt and have not and will not admit this, i do be leave it is the Claimant that must prove that the debt is active and not barred. I do not have any paper work apart from the court letter sent by Restons Solicitors.

1. You say that you believe the debt is statute barred, when was the last payment or written acknowledgement made on the account. This was done in 2006 and I have not acknowledged any letters from anyone since. ..............I am 1000% sure of this fact

2. You say that your credit reference file does not show any entry for this account, please check that it's not now listed as a debt to Cabot. I have just checked and there is nothing on any of the Big 3 credit files that I have and hold. .............Again nothing on my files and can provide evendence of this by screen shots if needed.

If the debt is statute barred then we can probably stop this going any further but you must be sure that no payments or acknowledgements have been made in the six years up to and including the date the claim was issued. I can confirm that no payments have been made on this account for over 6 years to the date of the court letter being issued to myself. ...............Once again I con confirm that no payment has been made within the last 6 years in fact its more like 10 years

[nemesis45]

Re: Court Action from Restons on Behalf of Cabot Financial UK Ltd

Hello

The following are the answers to your questions.

1. You say that you believe the debt is statute barred, when was the last payment or written acknowledgement made on the account. This was done in 2006 and I have not acknowledged any letters from anyone since.

2. You say that your credit reference file does not show any entry for this account, please check that it's not now listed as a debt to Cabot. I have just checked and there is nothing on any of the Big 3 credit files that I have and hold.

If the debt is statute barred then we can probably stop this going any further but you must be sure that no payments or acknowledgements have been made in the six years up to and including the date the claim was issued. I can confirm that no payments have been made on this account for over 6 years to the date of the court letter being issued to myself

With your very positive confirmations as to the status of this debt I can see no reason not to challenge it now, of course it goes without saying you must keep to the court schedule and time scales.

This Does Not admit any liability for the alleged debt, it's been a very successful way of relieving the stress and anxiety of anticipating a court hearing.

The choice is of course is yours to send or not to send.

For The Personal Attention of:

Mr Nigel Petrie - Coe,

Director Restons Solicitors Ltd.,

Address as on claim form.


Ref: County Court Claim No................................................ ..
Your Client: Cabot Financial UK Ltd.

Dear Mr Petrie - Coe,

I refer you to the above mentioned county court claim regarding an alleged debt arising from an account with ( insert original creditors name.) as you will no doubt be aware I have acknowledged service of the claim and stated my intention to defend the claim in full.

However while researching the status of the alleged debt via credit reference agencies and my personal records I have concluded that the alleged debt is statute barred under the provisions of the Limitation Act 1980 no payments or written acknowledgment having been made in more than six years since the account from which the alleged debt arises.

You are reminded that should your client dispute the status of the alleged debt they must provide unequivocal proof of any alleged payments.

I now suggest Restons now refers their client advising them to discontinue the claim in the interest of saving cost and court time.

Should Cabot Financial UK Ltd., decide to continue with the claim it will be robustly defended.

No part of this communication is an admission of liability to Cabot Financial UK Ltd.

Yours etc.

If you decide to send use signed for post and check delivery date and signature.

nem