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Cabot court claim statue barred

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  • Cabot court claim statue barred

    Hi,

    I have just received court letters from Cabot finance chasing an old debt which I believe is statue barred. I have contested them over this last year and thought that was the end of the matter when I had no response from them.

    The claim seems very vague on the description “the defendant entered into an agreement on or around **/**/2008.

    I have completed the AOS and from reading a few other threads on here I believe I should be sending Cabot A CCA request. As I said above I sent them one last year and this was just ignored. What happens if they do the same again and the court clock runs out?

    Should I complete my defence saying I believe the debt is statue barred? Or wait for the CCA to be returned?

    I Am 99% confident that no payment or acknowledgement of the debt has been sent in the last 7 or 8 years.

    Many thanks for your help!
    Tags: None

  • #2
    So I have heard back from Cabot today who have said that they received my request and they do not have the relevant information but they are requesting it from the original lender and it may take some time. I have also received another letter today from Mortimer Clarke saying they will be applying for judgement. The cabot letter is dated 30/9 and MCS letter 1/10.

    I am conscious that the clock is running out for me to file my defence the claim was issued on the 11/9 and I extended the time 14 days. Are Cabot and MCS just stalling so the judgement is entered against me?

    Do I have any options to extend the court clock because they can't provide the details from the CCA?

    Comment


    • #3
      My understanding is that court action can not be taken if there is an outstanding CCA request that they have not complied with, As you have confirmation from Cabot that they are waiting for the information with regards to your CCA request, then I would file that information with the court and as that their claim be dismissed as it is currently unenforceable, regardless of any statute limitations that may apply.

      Comment


      • #4
        They can bring court action however, as long as you defend the case on the non compliance with CCA grounds, they shouldn't be able to obtain judgment without having complied.

        Has a defence been entered in the case? If the claim was issued on 11th September then Defence is due very shortly ( 33 days from the date of issue )

        In case you haven't as yet then there is an example defence here Example Defence which does cover Statute Barred and non compliance with the CCA sect 77/78 request.
        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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        SHORTCUTS

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        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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