30 days action or solicitor referral

[SWA]

Received a claim? Yes/No: No

Issue Date: N/a

Have you Acknowledged the Claim?: N/a

Total Amount Claimed : £11,800

Claimant’s Name: Cabot

Solicitors Firm: NA

Original Creditor: Yorkshire Bank

Original Debt (eg. Credit card/Loan/Overdraft) : Loan

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): NA

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): unsure please see background details

List any letters you have sent (eg: CCA/ CPR ): No

Any Other Information or Background Details:


I have never contacted Yorkshire Bank since June 2017 when the loan was taken out, a few payments were made mid to end of 2017 but stopped.

I believe the debt was sold to Cabot around autumn/end of 2018 but can’t fix a date. On both credit karma and clearscore there is no data until December 2018 where a missed payment is marked and the same until April 2019, then it is marked as default May 2019 on both apps.

The tricky bit about the statute barred is in August 2019 I applied for ppi for all my previous debts and was actually awarded a small fee. I lacked a decent understanding then and to be honest i still do, I mistakenly signed a letter of authority for the ppi claim company to contact Yorkshire bank. They replied in December 2019 stating poi wasn’t mis sold for the account in question. My thoughts with this are that the ppi speaking to Yorkshire Bank might not matter as the debt was well sold to Cabot by then (roughly a year later) so I think Cabot won’t even be aware of that. I authorised the ppi to speak to Yorkshire bank only, for an account that they had sold to Cabot over a year earlier, so I see no reason for them to contact Cabot about ppi when it had nothing to do with them at the time of application for the loan?? Also why would Yorkshire waste their time contacting Cabot when the debt was well sold by then??

In summary, I believe there’s a chance statute barred is an option. What backs this up is the fact that Cabot have literally waited the full 6 years from when they first marked my file in December 2018 to give me a 30 day warning before they refer to solicitors.. it’s making me think that they aren’t aware of that ppi request at all?

I guess what im asking is, if I don’t respond in the 30 days (25 left) and then they send a letter of claim, what is my best option?

Statute barred or start all of the information requests?

[SWA]

Sorry for the long post, I appreciate anyone help with this. Although they haven’t issued a letter of claim yet. I’m trying my best to understand all of this before any battle starts as the statute barred date is hopefully just next month. Thanks again for anyone who can help.

[echat11]

Hi SWA

Welcome to LB

The best thing to do is wait until next month, then update the thread when you know the direction that they are taking and what defence have you got regards their claim. At some point you might need to send a SAR to Yorkshire Bank and a CCA / CPR request to Cabot / solicitors if they start a Court Claim.

[SWA]

Hi Echat and thanks for the welcome and reply. Much appreciated.

what are your thoughts regarding the statute barred please? I think there’s a chance Cabot are unaware of the ppi request as the debt was well sold by then.

I’m assuming they will proceed if I continue to not engage with them and the 6 years is nearly up but I will hold tight if that’s what you think is best. Just trying to get prepared incase it’s needed.

thanks again

[SWA]

Sorry the 6 years I’m referring to is when Cabot started marking my file. Which actually means I’m already passed the 6 years?

[echat11]

Hi Echat and thanks for the welcome and reply. Much appreciated.

what are your thoughts regarding the statute barred please? I think there’s a chance Cabot are unaware of the ppi request as the debt was well sold by then.

I’m assuming they will proceed if I continue to not engage with them and the 6 years is nearly up but I will hold tight if that’s what you think is best. Just trying to get prepared incase it’s needed.

thanks again

a) what are your thoughts regarding the statute barred please? I think there’s a chance Cabot are unaware of the ppi request as the debt was well sold by then.

An acknowledgement has been made in writing, so Cabot wouldn't find it difficult to get that information if they wanted to. It really is a case of 'wait and see' what transpires.

b) I'm assuming they will proceed if I continue to not engage with them and the 6 years is nearly up but I will hold tight if that’s what you think is best. Just trying to get prepared incase it’s needed.

It's really a decision you need to make, if it isn't statute barred and they start a claim you can decide to fight it, there's the possibility of mediation, a Court will only ask you to pay what you can afford each month, this isn't a priority debt. You fill in an I & E form, if you are left with £1 each month, so be it.

[SWA]

I will wait to see if they do file then. Avoiding the ccj is the big thing for me. I don’t want to wait another 6 years. If they do file for claim and I defend with the statute barred route but they have proof it isn’t barred, am I still able to make a settlement offer after this?

[echat11]

I will wait to see if they do file then. Avoiding the ccj is the big thing for me. I don’t want to wait another 6 years. If they do file for claim and I defend with the statute barred route but they have proof it isn’t barred, am I still able to make a settlement offer after this?

Yes, the Court encourage parties to try to settle claims if they can. The only way that you get a CCJ is that you totally ignore the Claim, if you engage in settling the claim, it isn't going to happen, i.e. monthly payments etc.

You can send 'Without Prejudice Save as to Costs' Offers (make sure that's written on the offer letters) to the Creditor, they can't use the letter against you until after the Hearing, you can show the Court that you tried to settle the matter, but the Creditor wasn't interested.

Update the thread when and if they make contact.

[SWA]

Hi I received a letter stating 22 days left from Cabot and had me thinking about it again. Let’s say they can prove it’s not statute barred and they can provide all of the info/form requests I intend to ask for ie agreements etc. if I make a settlement offer or monthly repayment offer at that point, and they agree to it, will I get a ccj? Sorry for my lack of knowledge. Appreciate any help.

[SWA]

Also if I make a without prejudice settlement offer now. It can’t be used until after the trial?

could I make a without prejudice statute barred request now before letter of claim? Or is that not even a thing? Thanks again. Just looking to maybe get a head start so I know what my best defence would be. Need to avoid CCJ

[echat11]

Hi I received a letter stating 22 days left from Cabot and had me thinking about it again. Let’s say they can prove it’s not statute barred and they can provide all of the info/form requests I intend to ask for ie agreements etc. if I make a settlement offer or monthly repayment offer at that point, and they agree to it, will I get a ccj? Sorry for my lack of knowledge. Appreciate any help.

No CCJ, because they haven't made a Court claim against you, they are just following Pre-action Protocols (stuff they have to do before they lodge a Claim with the Courts, in saying that it might just be a 'threat', we don't know what their intentions are).

'if I make a settlement offer or monthly repayment offer at that point, and they agree to it, will I get a ccj? Sorry for my lack of knowledge. Appreciate any help.'

[echat11]

a) Also if I make a without prejudice settlement offer now. It can’t be used until after the trial?

Correct, but those words need to appear on the Offer letter. They bought the debt for 'pennies', so your Offers need to reflect that, start low.

b) could I make a without prejudice statute barred request now before letter of claim? Or is that not even a thing? Thanks again. Just looking to maybe get a head start so I know what my best defence would be. Need to avoid CCJ

No such thing, you are a long, way off a CCJ. The only way you get a CCJ is if you ignore Court Orders and don't engage in the process.

Statute Barred is a law, you can't say you don't want the Court to look at the 'law' until after the Hearing / Judgement.

[SWA]

Ok thanks again Echat.. I’ll have a little think about it. I’m just entirely unsure about what to do. Really appreciate your replies. Have a nice day