Received court claim from cabot in desperate need of advice please

[Helpisneeded]

Hi all,

Two days ago I received a county court claim from the usual suspects it seems (having searched the net about them) Cabot. It states the following..

"By an agreement between Llloyds Bank & The defendant on or around **/**2008 the (' the agreement') Llloyds Bank agreed to the loan the Defendant monies. The defendant did not pay the instalment as they fell due & the agreement was terminated. The agreement was assigned to the Claimant THEREFORE CLAIMS 1 ****** 2 Costs.

I have submitted via online www.moneyclaim.gov.uk today to defend.

I could really do with some advice on what to do next. I understand from reading perhaps a CCA and CP something form to Cabot? This debt is over 10 years old. I was at some point years ago paying through a debt consolidation company, I cannot tell you the last time I paid as it was years ago... and the consolidation company went into liquidation from what I understand and I haven't heard anything since. I have moved countless times over the past ten years, always been on the elect list, so not the hardest to find.

Would it not be statutory barred? And do I state this in my defence? I ran an Experian report today and I have no old accounts open? so there is no mention of this on my credit report.

Should I be writing my belief of SB to Cabot and Mortimer Clarke?

Am I right in thinking I now have 28 days from today to defend my claim?

I'm so confused by this and in sheer panic as I cannot afford to pay anything at the moment and am heavily pregnant, so going into melt down.

Any help is greatly appreciated.

Many thanks.

[Helpisneeded]

p.s I really did not understand the bit about contesting jurisdiction.. should I of ticked this? thanks.

[Amethyst]

Nope - unless you're in Scotland ?

Do not let this panic you …. what can they do to you ? very little. You can deal with it and worst comes to worst you set up an affordable payment plan and suffer a CCJ on the credit file.

so this was a Lloyds Loan, taken out in 2008 …. that's about all the information there is in that claim. No mention of when it defaulted ( or that it defaulted, they've just said Terminated, which to me says it might well be out of time )

Do you remember the name of the Debt Consolidation company you were using ? and do you happen to recall if they were dealing with Lloyds or with Cabot ? Did you stop using them because they went under ? ( lots of these kind of firms went under around 2014 when the FCA took over regulation )

Yes you can say it's statute barred and put the onus of proof onto Cabot but we should try and work out how strong that will be in your defence.

We should do the CCA and CPR request letters, and also do a SAR to Lloyds, and to the Debt Consolidation/Management company if we can track where the files went.


CCA Request

to Cabot

CPR 31.14 Request

to Mortimer Clarke

Subject Access Request Letter
to Lloyds ( for now )

[Helpisneeded]

Amazing thank you so much. I shall get onto doing all of those tomorrow.

The company was called Baines & Ernst, and to be honest I have had a fair bit of trauma of recent years and my brain isn't what it used to be, so I can't remember much. I don't think it was to Cabot though, as I do not recognise the name.

Do I get 28 days from today to defend my claim or from the court claim date? which states 20th November, but I only received it two days ago.

Thank you so much for coming back to me!

[Amethyst]

The issue date printed on the claim form... is that 20th November ? If so it is 33 days from that date... so around 22/23 December for the Defence.

I'll have a look see where things went from Baines & Ernst - I'm just thinking if they didn't actually make payments to Lloyds, or they made them to another third party and they weren't recorded properly, your statute barred date might be earlier.

Looks like they got 'rescued' by another Debt management company so to send a SAR to get those records you'd send to

Data Protection Dept, Baines & Ernst, MoneyPlus Group, Riverside, New Bailey Street, Manchester, M3 5FS. - You'll need to include the address you lived at when you were using them, and put at the bottom of the letter " I do not give you permission to use my details for any purpose other than to comply with this Subject Access Request "

[Helpisneeded]

Apologies for the delay in reply. Thank you so much for all that information.

Yes the date is 20th November, but I did not receive the claim until 5 days later... which is a liberty really.

Ok thank you..You would think they would of informed me they got rescued by another company?

Am I to send a SAR to Lloyds and to the new B&E?

Thank you so much for your help.

[Amethyst]

Yes I think so.... it will give you a good overview of the position and background to the account, and whether it might be statute barred. I think, if you get nothing back to the contrary before you file your defence you should plead Statute Barred anyway - then it's in the mix and the onus of proof is on the claimant to show otherwise. For future ref this is the starting point for a defence - Example Defence

[Helpisneeded]

Please could you confirm whether at this stage I should be putting to Cabot that I believe it is SB? Or do I put that in my defence to the courts?

Many thanks.

[Amethyst]

Nope for now just the CCA to Cabot and CPR 31.14 letter to Mortimer Clarke.

[Helpisneeded]

I have to admit I am struggling to find any paperwork for the Lloyds account, so I am wondering if they will give me any details..perhaps I will send off the CCA AND CPR today and SAR in the next few days. Baby brain and having moved a lot isn't helping me at the moment.

[Helpisneeded]

Sorry we are crossing over replys. Thank you. I will get those off today.

[Helpisneeded]

Hi,
Hoping you would be so kind as to advise me further...
So I have received a letter back from Cabot saying that, they do not have the relevant information on file (so basically they have taken me to court without any documentation to back up the court case). So they will requesting a copy of the agreement from the original lender, as well as a statement of account. "This may take sometime but we will write to you within the next 12 days with an update". Beneath this is then a paragraph about the outstanding balance, and them saying they would like to discuss the available options with me and find an affordable solution for this account.

Does this mean they are not confident in winning the case?

Should I be writing a reply informing them I believe the debt to be SB and for them to withdraw their court case?

The letter was dated 3rd December, so really I should have more contact from them by Saturday.

Thanks in advance for any help.

[MIKE770]

standard response letter , Amethyst

[Helpisneeded]

Sorry is that a standard letter that I need to find to send? If so, if you wouldn't mind pointing me in the right direction, that would be appreciated. Many thanks

[MIKE770]

Sorry is that a standard letter that I need to find to send? If so, if you wouldn't mind pointing me in the right direction, that would be appreciated. Many thanks

No what they send out i.e. template responses