cabot financial and court claim plz help.

[flicky14]

hi I,m a newbe here so don't know if I,m posting in the right place but I had a claim form from Northampton to do with cabot financial uk limited re a debt I had with jd Williams 7 years ago, I haven't acknowledged the debt for at least 5/6 years, last time was to ask for a signed credit agreenment which they didn't do. but now ive had this court letter. what do I do?? I really need ur help guys just don't know which way to go . thanks

[PAWS]

Re: cabot financial and court claim plz help.

Don’t worry flicky. I don’t have the smarts to help but someone will be along soon. In the meantime; when you say you asked for a signed credit agreement did you get one? Was it an official request? Asking for a copy of the agreement is not necessarily acknowledging the debt. Is it possible to find out if you actually paid anything or did anything to imply you acknowledged the debt in the last 6 years? (I think it is 5 in Scotland) Oh and here is a hug -:hug:

[flicky14]

Re: cabot financial and court claim plz help.

thanks paws for the reply, yes I asked for a signed credit agreement but didn't get one , I got a copy of an unsigned one lol. it was an official request. I haven't paid anything on this debt for at least 6 years could b 7. haven't acknowledged it for at least that amount of time too only by asking for agreement. just don't know what to do next. . thanks for the hug really need it xxxx

[PAWS]

Re: cabot financial and court claim plz help.

I think you may be ok as this could be statute barred but If I was you I would wait until one of the clever chaps come on to advise. Busy times! In the meantime have a browse through the website and find similar posts.
Please remember that these gits who are making you feel rubbish are not always right and don’t always win and even when they do your life doesn’t end!

[flicky14]

Re: cabot financial and court claim plz help.

thank you paws just don't want to waste any time, ive read similar posts but they just confuse me even more, I,m thinking I gotta write to cabot and ask for agreement again but not sure what I do about the court and how to deal with them.... thanks for ur kind words, they do ake u feel like poo though but my fault for getting myself in this mess. thanks again

[MissFM]

Re: cabot financial and court claim plz help.

thanks paws for the reply, yes I asked for a signed credit agreement but didn't get one , I got a copy of an unsigned one lol. it was an official request. I haven't paid anything on this debt for at least 6 years could b 7. haven't acknowledged it for at least that amount of time too only by asking for agreement. just don't know what to do next. . thanks for the hug really need it xxxx

After six years from COA with no payment or acknowledgement the debt would be statute barred, which is an absolute defence. Do await more knowledgeable Beagles for further guidance but if what you say above is accurate I think you can breath easy x

[flicky14]

Re: cabot financial and court claim plz help.

thank you for that, I hope so. fingers crossed it doesn't take long to sort. x

[Kafka]

Re: cabot financial and court claim plz help.

There is a problem relying on Limitations as a slam-dunk defence, unless you are absolutely certain that you haven't paid or acknowledged within 6 years before the date the claim is filed. If you have forgotten any payment - however small - then you are stuffed if they can show this.

You need to do several things now.

1) Acknowledge service and state that you will be defending the whole claim.
2) Send a CPR14 letter to the issuing solicitor (assuming that the issuer isn't actually the Claimant but an agent).
3) Send CCA request to the Claimant.
4) If it was me, I would also send a SAR to the original creditor to get hold of all the personal data they hold on you. They have 40 days for that so may come too late, but typically DCAs like Cabot won't have any documentation so when you hit them with the disclosure demands they stall for time anyway.

What was the date of service?
Do you have statement etc that show charges added on and the processes of default and assignment?

[flicky14]

Re: cabot financial and court claim plz help.

I don't have any statements or anything, the date that's on this claim form says 05//04/2007 if that helps. I,m so sorry kafka but all what you have said I don't understand. oh god ur making me think about payments now I,m 98 % sure theres been no payments in last 6 years.
.

[MissFM]

Re: cabot financial and court claim plz help.

Calm down, Flicky! Even if you're mistaken it's not the end of the world - we'll still help you sort it, just a different game plan. Try to find some concrete evidence, even if it says what you don't want it to say. For example in your 1st post you say this

I haven't acknowledged the debt for at least 5/6 years,

then later it 's 6-7 years.

It makes a big difference which is correct and it makes a big difference as to what the best advice would be x

[Amethyst]

Re: cabot financial and court claim plz help.

Whether it is or isn't Statute Barred you need to do the bits Kafka outline for you earlier on. So do those then we can have another look at the Stat Barring possibility.

Basic first Steps to take on receipt of a Consumer Credit Court Claim

Firstly, don't panic.

Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)



Also post the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have.

[MissFM]

Re: cabot financial and court claim plz help.

NB - meanwhile do follow Kafka's step-by-step above - he knows what he's talking about

[flicky14]

Re: cabot financial and court claim plz help.

ive been going over in my head the dates and pretty sure its 6 years how do I get the evidence, I don't have any paperwork. tank you for ur time in replying to me, I really do appreciate it

[MissFM]

Re: cabot financial and court claim plz help.

Sorry crossed with Amethyst - you are in good hands there - do as she and Kafka have outlined ! x

[flicky14]

Re: cabot financial and court claim plz help.

ok right so if I do the step by step above then come back to u when ive done will that b ok. so if I do these tomorrow then come back to u. we can go from there I guess?. thank you all again.