Cabot financial Statute Barred

[podjohn]

I've done my*‘Acknowledgement of Service‘ today but as its Sunday do i still get the 28 days saw on another post that it might not count.

[MIKE770]

Check dates

[podjohn]

Sorry but what dates? I* have the date on the CCJ form which was the 05/12/2019 and*acknowledgment of service was submitted on 08/12/2019 at 14:47:21.thats thats all i've got

[MIKE770]

Put the issue date in the box in the quoted link above

[podjohn]

I've put the date in and it says I've got till the 2/01/2020 by adding 28 days.At what point should i send the CCA request letters out because i dont want rush things.What would you suggest?

[MIKE770]

I would send now recorded delivery

[MIKE770]

remember item 3 above make them prove payment made and how by whom etc?

[podjohn]

The only documents i can request as of the "Particulars of Claim"is the Agreement it doesn't list anything else.If that is what you mean by "remember item 3 above make them prove payment made and how by whom etc?"

[MIKE770]

Proof of alleged payment sent separately

[MIKE770]

I really appreciate your help with this.I'm going to send the N9B form off tomorrow, do you know if the court write back and tell me any dates or do i just start the 28 days form the date on the CCJ response pack.*

33 days as allowed posting time, but keep to 28 days generally to be sure.

[podjohn]

Hi Mike,I've done my CCA letters, but on the CPR 31.14 on my "Particulars of Claim" it says about the agreement which i asked for but it also says "The agreement was assigned to the Claimant" does this mean i can ask for "Notice of Assignment"

[MIKE770]

Yes assignment notice

[podjohn]

I'm not very good with writing important letters,I've being looking a few hours now for a sample letter of*Proof of alleged payment any tips of what sort of thing to write or where to find one?thanks*

[podjohn]

Please can you send me a copy of the original signed agreement and an up to date statement showing all of the transactions paid /by whom/ dates/ cheques/ bank and account*on this account.*

Please can you include any other documents that are referred to in my agreement.*

Im entitled to this information under ss77-79 of The Consumer Credit Act 1974.*

Please send this information to me within 12 working days of you receiving this letter. The Act states that you cant enforce an agreement until this request is complied with. Ive enclosed the required 1.00 fee.*

Would this be any good

[Amethyst]

(eg. Credit card/Loan/Overdraft)Please type out in full excluding names/account numbers/exact amounts ):

Okay so the payment of 20 to Ascent was not made by you. You can stick with your limitations argument in your defence, but you will still want to sent the CCA and CPR requests as Mike linked you to.

This is a Blackhorse loan, under 10k ? unsecured?

Does the particulars of claim mention the loan agreement, default notice or termination ?, assignment to Cabot ? In the CPR 31.14 letter you want to ask for anything mentioned and also add on a request for details of the alleged 20 payment as you dispute it and consider the debt is statute barred.

Were Ascent acting on behalf of Blackhorse or had they purchased the debt themselves and then sold it on to Cabot ?

You can get the CCA off straight away. As it is a loan it is section 77 of the consumer credit act that you are asking under.

Also get a SAR off to Blackhorse and one off to Ascent. That should get any payment details, transactions, agreement, assignment and default / termination etc so that you know what information is available to Cabot ( in advance and hopefully in time for you filing your defence ).

Your defence is due before 7th January ( it's 33 days from the date of issue - 28 days plus 5 for service of documents ) - I'd try get it filed on the 3/4th if doing it online via MCOL, earlier if via post.