Cabot/Mortimer Debt from 15 years ago!

[CoffeeGuru]

Ok, unfortunately I am back. I thought I'd seen the end of this type of action but I guess there are more people out there who just pay up rather than fight it when they get a court letter - which makes it worthwhile for people like Cabot to blanket bomb claims down on every debt they can find for the past 20 years or so.

So, a couple of questions.. Can I try and get this thrown out on Statute of Limitations? I haven't paid anything against it.. Ever.. Because I don't even know what this debt is for. Its not on my credit file.

Or would it be better to follow the usual route of requesting a copy all of the documentation they hold on me, then requesting the original signed credit agreement - which they 1000% definitely wont be able to produce for the court - which will then in turn cause them to cease pursuing the case?

Many thanks

[Amethyst]

Do they say who the original lender actually is, or what kind of debt it actually is ?

I'd say just go with Statute of Limitations, but then if something goes wrong and you've missed something, you've got nothing to fall back on, so I think I'd still do CCA and CPR and follow the standard steps. Just put Limitations argument as the primary point in your defence.

If it did default 15 years ago then it will have fallen off the credit file 9 years ago.

Did you get a letter of claim or did they just get straight to the claim form ?

[CoffeeGuru]

Thanks for the input!

Well after a bit of digging I think it relates to Credit card that I took out in then had a few issues with. I did get some letters from Cabot but I just ripped them up.

The Claim form is the first I have took notice of it.

Thanks again, ill let you know how I get on...

[CoffeeGuru]

So, I just spoke to the claimants solicitor and they claim that I made the last payment on this 6 years ago. I dont think they can prove that but, isnt this outside of the statute of limitations anyway? And if so, how do I go about bringing that concept into the equation? Thanks

[Amethyst]

Depends if it was just over 6 years ago or just under 6 years ago - did they give a date and amount ? and how does that date correspond to the issue date of the claim ?

Have you sent a CCA request or a request for copies of documents mentioned in the statement of case?

Have you acknowledged the claim yet?

First Steps

[CoffeeGuru]

Hey!

No they haven't supplied a date or amount for the last payment.

I have acknowledged the claim, sent out the requests for credit agreement and documents they intend to use. I haven't filed a defence yet.

However, a letter from Mortimer came back saying they have asked for Cabot to supply the documents and that in the meantime no further action will be taken. So, its now a waiting game.

Just one thing - do I still enter a defence or just wait ?

Thank you!

[Amethyst]

Yes, unless an extension is specifically agreed under cpr 15.5, put a defence in before the 33 days from the issue date are up.

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