Cabot - Morgans

[FlamingParrot]

Re: Cabot - Morgans

I've got some but not all paperwork. checked my file on experian and it gave me the date of default, and I've got a copy of the letter from the court in 2009 saying that the action was withdrawn. what are your thoughts labman?

Optima Legal is a law firm so ignoring them may not be wise. Is that letter a possible Letter Before Action with a deadline of 12th November? Can you post it up with your personal details removed (but don't deface the original).

In your post August 2011 you said that proceedings had been issued in 2009 and "withdrawn". Do you know why those proceedings were discontinued? I would think the creditor would be in some difficulty issuing new proceedings unless something had changed.

PlanB, i only received 1 letter from Cabot and i ignored that. I don't think Optima's is a letter before action as it doesn't say so but they do say they want the money in full and they give me a list of ways to pay, organisations to contact if i need help etc.
As it's been so long do you think the debt could be stature barred? if it's not quite should i write to them and say i do not admit the debt, show me your proof or will this start the clock again or should i just give up?

Unfortunately, if they issued proceedings in 2009, that would have reset the clock. :clock: As it's been just 4 years since 2009, it wouldn't be SBd.

[FlamingParrot]

Re: Cabot - Morgans

PlanB, i only received 1 letter from Cabot and i ignored that. I don't think Optima's is a letter before action as it doesn't say so but they do say they want the money in full and they give me a list of ways to pay, organisations to contact if i need help etc.
As it's been so long do you think the debt could be stature barred? if it's not quite should i write to them and say i do not admit the debt, show me your proof or will this start the clock again or should i just give up?

i cannot post up the letter as i do not have a scanner

You don't need a scanner, you can just take a picture with a digital camera or mobile phone. hoto: Make sure you remove all personal details before posting. This guide is still work in progress but should give you an idea: http://www.legalbeagles.info/forums/...050#post386050

It's important to know what they are saying, as most letters before action are not labelled as such, which is why they are so often dismissed as yet another threat-o-gram. :sad:

As part of the pre-action conduct, they are supposed to provide you with a list of organisations that could help, that doesn't necessarily make it a letter before action, but if we don't see it, we'll never know. :noidea: :confused2:

http://www.justice.gov.uk/courts/pro...on_conduct#7.1

ANNEX B

Information to be provided in a debt claim where the claimant is a business and the defendant is an individual

1. Where paragraph 7.4 of the Practice Direction applies the claimant should –
(1) provide details of how the money can be paid (for example the method of payment and the address to which it can be sent);
(2) state that the defendant can contact the claimant to discuss possible repayment options, and provide the relevant contact details; and
(3) inform the defendant that free independent advice and assistance can be obtained from organisations including those listed in the table below.
.

National Debtline	Tricorn House	FREEPHONE 0808 808 4000	www.nationaldebtline.co.uk
51-53 Hagley Road
Edgbaston
Birmingham
B16 8TP
Consumer Credit Counselling Service (CCCS)		FREEPHONE 0800 138 1111	www.cccs.co.uk
Citizens Advice	Check your local Yellow Pages or Thomson local directory for address and telephone numbers		www.citizensadvice.org.uk
Community Legal Advice (formerly Community Legal Services Direct)		0845 345 4345	www.clsdirect.org.uk