Cabot

[Gilliano81]

I have an old loan debt that was defaulted by LTSB. This was over 6 years ago and has been removed from my credit file. I have recently been sent letters from Cabot and their "solicitors" threatening legal action over the debt.

Can they legally apply a CCJ or bailiffs on a debt that was not agreed with them to begin with?

[ostell]

They cannot just "issue" a CCJ, the alleged debt has to go court with you being given a cha ce to defend, and only if you lose will a CCJ be recorded against you, and then only if the judgement is not paid within a month.

As it was defaulted more than 6 years ago then it is statute barred and they would lose if they tried court. Even though though they cannot use the court to enforce the debt there nothing to stop them trying.

Write to the solicitors telling them that you have no liability for the alleged debt as it is statute barred. Do not acknowledge that it could be your debt

[Gilliano81]

I have now been issued with a County Court Claim by Cabot via their solicitors Mortimer Clarke. As previously posted, this was a debt with LTSB, which has since been closed. LTSB issued a default which has been over 6 years and therefore removed from my credit file.

Do Cabot legally have the right to get a CCJ applied if I haven't made any payments or had any acknowledgement of the debt for over 6 years?

Any advice on how to defend the County Court Claim?

Thanks in advance.

[Amethyst]

If you haven't acknowledged the debt or paid anything for over 6 years then yes it may be statute barred and you can defend on this basis. The date of the cause of action is the date of default - if this has been removed from your credit file because it is older than 6 years then it sounds positive however you should ensure you have a back up defence in case you have your dates wrong or any payments did get made that you might have forgotten about.

Acknowledge the claim first, with intent to defend in full.
Send a CCA request and a CPR request ( if you're not sure what documents to ask for, type out the particulars of claim)
Send a SAR to Lloyds.
Tell us the issue date of the claim.


Acknowledge Claim
CCA Request

( a loan would be s.77 of the CCA -

http://www.legislation.gov.uk/ukpga/1974/39/section/77

)

CPR 31.14 Request
Subject Access Request Letter

Did you respond to them in June to say the debt was statute barred?

[Gilliano81]

I did not reply to them in June, I didn't want to acknowledge them. In hindsight I should have. I have since sent them a letter to say the debt is statute barred.

I have acknowledged the claim with intent to defend in full. The issue date was 02 September.

I will be requesting the CCA today.

I'm not quite sure what an SAR is?

Regarding the CPR, the particulars of the claim are:

By an agreement between Lloyds Bank & the Defendant on or around 15/03/2006 ('the agreement') Lloyds Bank agreed to loan the Defendant monies. The Defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 13547.55 2. Costs

[Gilliano81]

Please help,

I have sent a CCA request to Cabot, a CPR to the solicitors (Mortimer Clarke) and a SAR to LTSB. Mortimer Clarke have responded by saying the account is on hold while they contact the client. LTSB have sent statements of the original loan. This loan was previously defaulted on my credit agreement well over 6 years ago and no payments have been made since amd I have not acknowledged Cabot.

I want to prepare my defence which needs to be done by 3rd October, on the basis that the debt is statute barred, but I am not sure how to structure it. Any help would be great.

[MIKE770]

if court papers have been issued then only a court can put a case on hold not some office boy, at a solicitors office, do not fall for that old back door CCJ trick by believing them

[Gilliano81]

Ok thanks, I will submit my defence based on the debt being statute barred, as previously discussed. They haven't replied to my CCA request or a letter stating my belief the debt is statute barred.

[Amethyst]

There's an example defence here including defence on non compliance with the cca and statute barring. https://legalbeagles.info/library/gu...-court-claims/

[dogtired]

Still up to their trucks are they, tried to claim that money was owed from a BOS account when I had had a letter from BOS to say, no monies were owed. LB were brilliant in helping me and after almost two years if letter tennis finally got a letter from Cabot to say that although they still considered they were "right" they would not be pursuing it any further. You do have to have nerves of steel and insist that all correspondence is in writing though.
Good Luck DT

[Gilliano81]

Thanks for your help. I do not recall receiving a default notice by LLOYDS BANK but my account was defaulted, hence why it was on my credit file for 6 years before dropping off. Should I still challenge the default notice in my defence?

[Amethyst]

If you don't recall receiving one then there's no harm putting them to proof xxx

[Gilliano81]

Thank you. I have written a defence based on the example defence as follows:

I received a claim XXXXXXXX from the Northampton County Court on 02/10/2019.

This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974.

The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years

The Claimants statement of case states that the account was assigned from Lloyds Bank to Cabot Financial (no date stated). The Defendant does not recall receiving notice of this assignment.

The defendant does not recall being served with a default notice pursuant to s87 of the Consumer Credit Act 1974. The claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that any Default Notice relied upon complied with the requirements of s88(4A) of the Consumer Credit Act 1974 and that the notice was in the prescribed form as required by the Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

On 18^th September 2019 the defendant sent a letter to the claimant stating the defendant’s belief that the alleged debt is statute barred as no payments or acknowledgement has been made for over 6 years.

On the 18^th September 2019 The Defendant sent a request by special delivery, for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke. I requested the Claimant provide copies of the Agreement and Notice of Assignment.

Mortimer Clarke has not sent any of these documents to the Defendant.

On the 18^th September 2019 The Defendant sent, by special delivery, a formal request for a copy of the original agreement to Cabot Financial pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee. The claimant has not responded to this request.

The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of [s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

Statement of Truth

The Defendant believes that the facts stated in the Defence are true.

Any advice on how to improve this would be great.

[Matty B]

Did I see that the claim was for £13000. I think i would be so worried and would talk to a solicitor. I am sorry I do not know anything about defending debts which is why I would be running to a solicitor for that amount. I think there is a site called justbeagle where you might be able to find a fixed fee or even an ni win no fee