Cabot Claim****HELP***

[Shelby2006]

Hi

Have stayed under the radar for many years I now have a claim against me for £16k via cabot.

In the.. COUNTY COURT BUSINESS CENTRE

I am filing a defence as it dates back to 2008 and have used the reference to the consumer credit act to file my defence online.

I believe I acknowledged it by way of paying token payments but I have never spoken to any of them I just set a standing order for a small amount but I think I stopped it about 5 years ago but not sure when.

Can I still claim I haven't acknowledged it if the standing order payments had gone to them?

[Shelby2006]

Re: Cabot Claim****HELP***

Claim issued 25/01/17
Mortimer Clarke Solicitors

[Kati]

Re: Cabot Claim****HELP***

Hi

Have stayed under the radar for many years I now have a claim against me for £16k via cabot.

In the.. COUNTY COURT BUSINESS CENTRE

I am filing a defence as it dates back to 2008 and have used the reference to the consumer credit act to file my defence online.

I believe I acknowledged it by way of paying token payments but I have never spoken to any of them I just set a standing order for a small amount but I think I stopped it about 5 years ago but not sure when.

Can I still claim I haven't acknowledged it if the standing order payments had gone to them?

SB'd is no payment OR acknowledgement in 6yrs (unless you are in Scotland or NI? when it's 5yrs) :sorry:

I'll tag [MENTION=55034]nemesis45[/MENTION] for you xx

[nemesis45]

Re: Cabot Claim****HELP***

Hi

Have stayed under the radar for many years I now have a claim against me for £16k via cabot.

In the.. COUNTY COURT BUSINESS CENTRE

I am filing a defence as it dates back to 2008 and have used the reference to the consumer credit act to file my defence online.

I believe I acknowledged it by way of paying token payments but I have never spoken to any of them I just set a standing order for a small amount but I think I stopped it about 5 years ago but not sure when.

Can I still claim I haven't acknowledged it if the standing order payments had gone to them?

Good morning Shelley,
As [MENTION=49370]Kati[/MENTION] has said statute barring cannot happen if payments have been made at any point in the relevant 6 year period.

What type of account was this. Credit Card, Loan , HP?

This claim will likely be allocated to the " Fast Track" a more formal court process than the small claims track and if you lose you could well have to pay the claimants costs.

At this stage once you have acknowledged service online it would be best not to enter a defence there are processes to go through.

Does the account appear on you credit reference files/

nem

[Diana M]

Re: Cabot Claim****HELP***

I now have a claim against me for £16k via cabot.

I am filing a defence as it dates back to 2008 and have used the reference to the consumer credit act to file my defence online.

I believe I acknowledged it by way of paying token payments but I have never spoken to any of them I just set a standing order for a small amount but I think I stopped it about 5 years ago but not sure when.

Hello

May I clarify a few things before making any hard and fast suggestions.

Who was the original creditor because some claims can be easier to defend than others depending on the creditor's known working practices and history of document errors (faulty templates etc)?

Are you certain the account was opened in 2008 and not possibly before April 2007?

From what you say the debt won't be SB but that doesn't mean it won't be unenforceable. There are many ways to defeat a claim.

It would help if you could post/type up the Particulars of Claim so it's clear what is being claimed and why they think they have the right to claim it.

Di

[Diana M]

Re: Cabot Claim****HELP***

and have used the reference to the consumer credit act to file my defence online

You've mentioned a reference to the consumer credit act, so does this mean you have already sent Cabot (or the original creditor) a formal s. 77-79 CCA Request together with the £1 statutory fee?

If not then you should do that now.

However if you've previously sent a CCA Request to Cabot or the original creditor and it was non compliant, then nothing is gained by sending another.

I also see you say you "used" (past tense) the reference to the consumer credit act to file your Defence online. Does this mean you have already filed your Defence?

Even if you have filed your Defence, you should still send a CCA Request (unless previously done) although you may need to file an Amended Defence later on (which needs permission from the court unless the other party consent).

Di