Restons letter Court claim - stat barred?

[Amethyst]

Re: Its definetley sb

personal cheque - or online payment via card ? .... And yes the onus of proof is on them to prove it is not SB - however if you can get a copy statement covering those last payment dates, from your bank, then you can cast doubt on their list of payments, it helps.

[charitynjw]

Re: Its definetley sb

sorry, what's PC ?

Pigeon carriage?

[Debt Camel]

Re: Its definetley sb

Is this debt showing on your credit record?

When do you think you last made a payment to it?

If they say the last payment was in 2010, it should be statute barred.

Have you asked the debt collector to produce the Consumer Credit Act agreement for the debt?

Don't ignore this sort of letter unless you want to be fighting the case in court!

[Diana M]

Re: Its definetley sb

The OP already has a claim which is currently stayed and Restons solicitors have written to say they intend to apply to lift the stay.

I would expect their letter may also threaten to make an Application for a Summary Judgment to be decided ex parte since the OP appears to have only pleaded SB in their Defence.

I have advised them to send a CCA Request asap and consider whether they need to file an Amended Defence in the Claimant goes ahead with their threat.

The thread is here (it could be merged with this one to make things easier) >
http://legalbeagles.info/forums/show...860#post742860

Di

[Diana M]

Re: Its definetley sb

Restons keep pestering me for an old m&s store card debt which i know to be sb. I have managed to stop cc proceedings as way of claiming sb.

You have said on your other thread that this was a M & S Personal Reserve account (which was a loan with a cheque book facility).

Since it was a loan the SB date may be determined on other issues not just the last payment date.

Di

[Diana M]

Re: Its definetley sb

I should also ask when was the claim issued since the SB clock would have stopped ticking then. You've not said how long these proceedings have been stayed.

Di

[Diana M]

Re: Its definetley sb

sorry, what's PC ?

The OP posted on their other thread that Restons claimed it was paid by personal cheque if that helps.

Thanks for replying di.
its just over 2k with fees.
they have sent me a copy of the original application
and a load of dates that i was paying £20 a month from 04
to 2010. There is no proof of my payments it just says personal cheque. I know i never made a payment in 2010 as i have not paid anything for nearly 15 yrs .
i did manage to get a stay from the cc but the claiment is now saying its not sb as i made a payment with the 6 yrs ... shall i ignore them ?

Di

[Amethyst]

Re: Its definetley sb

You might be able to contact your bank and get a copy of the cheque for a small fee, or that months bank statement showing the cheque going out ( or not as the case may be)

It wasn't for £1 was it ? ( possibly fee for a cca request ? ) Ever been on a DMP or dealt with CAB and made any token payments etc ?

I'll merge threads, might make life simpler.

So the court claim seems to have been issued about a year ago? What month ? and does this cheque payment in 2010 bring it to within 6 years?

[Mickkk]

Re: Restons letter Court claim - stat barred?

Right i am going to send off my £1 ti cabot and request
cca. Shall i let restons know that i have responded to the letter by doing this ? Also shall i tell restons i have proof from my bank that no payment was ever made via personal cheque as it wasnt.

[MIKE770]

Re: Restons letter Court claim - stat barred?

Recorded Delivery

[Amethyst]

Re: Restons letter Court claim - stat barred?

Would you have a copy of the defence you originally entered to the claim - worth checking it over if it does literally just say the debt is statute barred at least we'll know if you'll have to amend.

You say Restons have sent ''a load of dates that i was paying £20 a month from 04 to 2010." - were you paying under a debt management plan or just arrangement with Cabot? or M&S ? - if you think you haven't paid for 15 years then does that mean there's 4/5 years of payments showing on that statement that weren't actually made. Do you actually have copies of your bank statements from the time that Restons say the last payments were made ? memory is a funny thing with regards to time sometimes so it is best to be certain first, so if you can get a copy of statements from the period which might take you out of statute barring ( ie made within 6 years back from the date the claim was issued ) it would be very useful to you.

Additionally if this was a loan with a drawdown cheque facility, do you recall the last time you made a drawdown ? And do you have any recollection ( or any documents ?) of the terms to the account. The CCA request will be really helpful for this.

I'd hold off replying to Restons for the moment, if they haven't indicated they will be making an application for summary judgment ... get your statements/cheque list off the bank, and make sure that CCA request has gone off to Cabot.

[Mickkk]

Re: Restons letter Court claim - stat barred?

Ok i have just had a reply from cabot about requesttng a cca
they say “we currently do not have this information on file.
they have requested the info from the original lender m&s
they also state they acknowledge the 12 day time limit to provide
this information. Before the credit agreement becomes temporary unenforceable, however as we have to request the details from the lender I anticipate that we will not be able to provide this within
12 days , but hope to in 40 days time ..

what does this mean ?

[MIKE770]

Re: Restons letter Court claim - stat barred?

after 14 days the will be in unenforceable situation without one, usual response to all 40 days is a regulated time for a SAR request only

[Diana M]

Re: Restons letter Court claim - stat barred?

Ok i have just had a reply from cabot about requesttng a cca
they say “we currently do not have this information on file.
they have requested the info from the original lender m&s
they also state they acknowledge the 12 day time limit to provide
this information. Before the credit agreement becomes temporary unenforceable, however as we have to request the details from the lender I anticipate that we will not be able to provide this within
12 days , but hope to in 40 days time ..

what does this mean ?

This claim is currently stayed isn't it (since 2016)?

The Claimant is Cabot Financial (UK) Ltd isn't it (they're unlicensed).

Di

[Mickkk]

Re: Restons letter Court claim - stat barred?

Yes di , so what does it mean
they are unlicensed ?
can they not proceed.
it is currently stayed yes