**DISCONTINUED** Cabot Financial AGAIN!!!

[princealbert40]

After having had a long gap of over 2 years from Cabot/restons last attempt which failed because they could not provide a CCA after they had issued CCJ proceedings etc. (they ended the proceedings). I have today a letter demanding the same debt all over again. They did register a default on my credit file which expired last november so it has been over six years since they started with this. I have not contacted them directly and only submitted my defence direct to Northampton County Court. So my questions are....
1) Is this not statute barred by now
2) Are they able to register a default for the same debt twice?

Any advice would be greatly appreciated.

[Kati]

Re: Cabot Financial AGAIN!!!

did they discontinue the original claim ?

tagging [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=98117]warwick65[/MENTION]

[Diana M]

Re: Cabot Financial AGAIN!!!

had a long gap of over 2 years from Cabot/restons last attempt which failed because they could not provide a CCA after they had issued CCJ proceedings etc. (they ended the proceedings). I have today a letter demanding the same debt all over again.

. . . . I have not contacted them directly and only submitted my defence direct to Northampton County Court. So my questions are....
1) Is this not statute barred by now
2) Are they able to register a default for the same debt twice?

When you say Cabot "ended the proceedings" do you mean you were served with a Notice of Discontinuance which should also have been filed at court, or did they simply leave the proceedings stayed after you filed your Defence two years ago?

Di

[Diana M]

Re: Cabot Financial AGAIN!!!

did they discontinue the original claim ?

tagging @Amethyst @nemesis45 @Diana M @warwick65

Have you edited your original post since I replied to your tagging?

Di

[Kati]

Re: Cabot Financial AGAIN!!!

Have you edited your original post since I replied to your tagging?

Di

no??

[princealbert40]

Re: Cabot Financial AGAIN!!!

Hello Di,

Cabot/Restons went through all their usual stuff...... trying to get me to withdraw my defence, threatening all sorts etc. So i stuck to my guns and after 6 months had a letter from Restons saying their client had withdrawn from the action. This was because after nearly 2 years they were unable to produce a CCA. The original debt goes back to 2007. Cabots registered a default in 2011 which expired Oct 2017. No direct contact with Cabot at all and no monies paid since 2007. The amount of the claim is sub £5k. It just seems to me either they are trying it on (as they do) or I am about to go through all of this again and a default for a debt which has already been registered as a default for the last six years.

[Amethyst]

Re: Cabot Financial AGAIN!!!

Did they actually send a notice of discontinuance and discontinue the claim with the court ? If you don't recall you might need to just give the court a call and check with them what happened to that original claim.

They can't put a new default on your credit file, so don't worry about that - only thing that could happen is IF they did try to go back to court and you didn't respond and they got a default judgment, is the CCJ on your file - but if they discontinued previously after you had defended the claim, and this is the same debt, they don't have much hope of that happening.

I expect it's just your annual ''let's see if he forgot yet'' letter that you can file away. But I'd still double check with court that that last claim was actually discontinued and not just left on hold.

[princealbert40]

Re: Cabot Financial AGAIN!!!

Hi Kati

Yes they did.

[princealbert40]

Re: Cabot Financial AGAIN!!!

I have letter from Court & Restons saying the proceedings were discontinued, however the Restons letter does not limit their client (cabot) to try to recover the debt again.
Many thanks

[nemesis45]

Re: Cabot Financial AGAIN!!!

I have letter from Court & Restons saying the proceedings were discontinued, however the Restons letter does not limit their client (cabot) to try to recover the debt again.
Many thanks

In England and Wales a debt is not extinguished when it becomes statute barred and the " creditor " is at liberty to pursue it by any means bar court action. This approach has been common with Cabot over the years, but you can stop them (if you are certain the debt is SB) by writing to Cabot stating the debt is statute barred and you will not make payment. One of the old OFT rule taken up by the FCA.

mem

[princealbert40]

Re: Cabot Financial AGAIN!!!

Did they actually send a notice of discontinuance and discontinue the claim with the court ? If you don't recall you might need to just give the court a call and check with them what happened to that original claim.

They can't put a new default on your credit file, so don't worry about that - only thing that could happen is IF they did try to go back to court and you didn't respond and they got a default judgment, is the CCJ on your file - but if they discontinued previously after you had defended the claim, and this is the same debt, they don't have much hope of that happening.

I expect it's just your annual ''let's see if he forgot yet'' letter that you can file away. But I'd still double check with court that that last claim was actually discontinued and not just left on hold.

Hello Amethyst,

I have dug out the paperwork now, the letter from Restons with the Courts Notice of disontinuance is dated July 2015. So its been 2 and half years since i last heard from Cabot/Restons. Since the first letter this January 2018, I have now another adressed to the occupier, saying they have had mail returned from my address and can i contact them to confirm my address etc!! I am on the electoral roll and all details appear with the CRA's so cant understand what they are playing at. As previously stated I have never contacted or responded to either Cabot or Restons ever. The only indirect contact was my filing a defence to there court claim. So bearing in mind this has been going on since 2008 default registered in 2011 and expired in 2017, is this now statute barred or is filling a defence in 2015 starting the clock again.

Look forward to any advice of how to proceed now?
Many thanks in advance.

[princealbert40]

I have dug out the paperwork now, the letter from Restons with the Courts Notice of disontinuance is dated July 2015. So its been 2 and half years since i last heard from Cabot/Restons. Since the first letter this January 2018, I have now another adressed to the occupier, saying they have had mail returned from my address and can i contact them to confirm my address etc!! I am on the electoral roll and all details appear with the CRA's so cant understand what they are playing at. As previously stated I have never contacted or responded to either Cabot or Restons ever. The only indirect contact was my filing a defence to there court claim. So bearing in mind this has been going on since 2008 default registered in 2011 and expired in 2017, is this now statute barred or is filling a defence in 2015 starting the clock again.

Look forward to any advice of how to proceed now?
Many thanks in advance.

[nemesis45]

I have dug out the paperwork now, the letter from Restons with the Courts Notice of disontinuance is dated July 2015. So its been 2 and half years since i last heard from Cabot/Restons. Since the first letter this January 2018, I have now another adressed to the occupier, saying they have had mail returned from my address and can i contact them to confirm my address etc!! I am on the electoral roll and all details appear with the CRA's so cant understand what they are playing at. As previously stated I have never contacted or responded to either Cabot or Restons ever. The only indirect contact was my filing a defence to there court claim. So bearing in mind this has been going on since 2008 default registered in 2011 and expired in 2017, is this now statute barred or is filling a defence in 2015 starting the clock again.

Look forward to any advice of how to proceed now?
Many thanks in advance.

Restons playing games again!

Have you informed Restons that a claim had previously been made and discontinued, it is possible that whoever is dealing with this knows
nothing of the first claim.

nem

[princealbert40]

Hi Nemesis

Thank you for your reply.
The letters I have are from Cabot only so far this time. I have not heard from Restons since their letter with the notice of discontinuance in July 2015. I would assume as (Cabot which is their client) gave the instructions to discontinue the action they are aware. It would seem its Cabot playing games. What I am trying to work out given the timescales is this SB or not before I decide what to do next.

Any advice greatly appreciated.

[Diana M]

Re: Cabot Financial AGAIN!!!

I have letter from Court & Restons saying the proceedings were discontinued, however the Restons letter does not limit their client (cabot) to try to recover the debt again.

The court doesn't write to you when a claim is discontinued because the court didn't discontinue the claim (they have no powers to order that) only the Claimant can discontinue a claim.

That's done in accordance with CPR 38.3.

The Claimant files the Notice of Discontinuance at court which must state that the same Notice of Discontinuance has been served on the Defendant >

https://www.justice.gov.uk/courts/pr...es/part38#38.3

You need to check with NCCBC that the Notice of Discontinuance was filed because if it wasn't then the claim has not been discontinued (albeit you can probably remedy this retrospectively since you have your Notice of Discontinuance).

If a claim is discontinued after a Defence has been filed then a new claim cannot be issued based on the same or substantially the same facts without permission from the court (Cabot would have to make an Application). You say you filed a Defence.

When a claim is discontinued it's like it never happened so if the debt would be statute barred by now (due to six years since last payment, defaulted and/or no acknowledgement by you) then it probably is. The 'interruption' of the claim issued in 2015 makes no difference.

Call the court to check the status of the claim (stayed or discontinued) then send a copy of the Notice of Discontinuance to Cabot who may not be aware of the situation if Restons failed to tell their client at the time.

Once discontinued Restons would have nothing more to do with the claim/account.

Di