**DISCONTINUED** - Annie62 v CABOT

[annie62]

masdopey:I m hoping someone can help me with a statute barred problem.A debt collection agency took out a summons at court a couple of weeks ago I filled in the defence and explained that this was statute barred but there so called solicitors have said that the company still want to go ahead and take me to court over it.I have never replied to them or paid anything on this debt for over 9 years I have also not given them any details over the phone.Can anyone please tell me if they can still do what they want or do you think they are trying it on to see if I will admit to this and just pay.The debt agency go by the name of Lowell please please any advice. Thank you in advance this is not doing my copd or my heart condition any good

[seduraed]

Re: Hallo everyone i use to be a member many years but reregistered as all things cha

Hello and welcome back . Statute barred is an absolute defence. Once a debt is statute barred then is stays statute barred. If you win the lottery jackpot and wish to give them some money fine . Otherwise your defence is statute barred. Many of the debt collecting agencies are "discovering" payments made to the account so that they are not SB . Stick to your guns. Acknowledge on line and use statute barred defence.

[annie62]

Re: Hallo everyone i use to be a member many years but reregistered as all things cha

Thank you I have sent that back as my defence and I do intened to stick to that as nothing has ever been paid to this for well over 9 years I,m just worried as there so called solicitor has said they still want to go ahead with court action which they have tried to start that's why I filled in the defence sheet with the sections to do with this being statute barred.They have also said they will keep me informed as to how things are going ?.Thank you for such a quick reply if there,s anything else you think may help me please please let me know.It,s great to be back I,m feeling better about this already as I know I will get some good advice on here mashappy:

[annie62]

Re: Hallo everyone i use to be a member many years but reregistered as all things cha

Thank you I have sent that back as my defence and I do intened to stick to that as nothing has ever been paid to this for well over 9 years I,m just worried as there so called solicitor has said they still want to go ahead with court action which they have tried to start that's why I filled in the defence sheet with the sections to do with this being statute barred.They have also said they will keep me informed as to how things are going ?.Thank you for such a quick reply if there,s anything else you think may help me please please let me know.It,s great to be back I,m feeling better about this already as I know I will get some good advice on here mashappy:

Please Please can anyone give me some good advice on this matter now .I sent back all doc,s to the court which were passed on to the so called solicitors who are dealing with this and cabot financial that this matter is statuet barred I now have a court paper to say they are defending this and will I go for mediation.As this is statute barred please help me as I have to send reply back into court by 5th jan.Why do they want to do this as I,ve recived no other paper work from them to say this is not statute barred or anything .Ripping my hair out now .Thanks in advance for any HELP.masdopey:

[annie62]

Re: Hallo everyone i use to be a member many years but reregistered as all things cha

Please can someone look at my post above and help me I,m not even sure if its in the right place or if anyone has noticed its a new thread I,ve posted please please help

[Amethyst]

Re: Hallo everyone i use to be a member many years but reregistered as all things cha

Stick to your guns and complete the N180 form, tick yes to mediation, small claims track, district judge, your local county court. I'll find a link to an example completed form. Here http://www.legalbeagles.info/forums/...l-Claims-Track

If you are positive this is statute barred then you just need to keep up with the court process. The burden of proof is on the claimant that it isn't statute barred so they will be required to show that it isn't if that is their contention.

If you are worried about your defence then please post up what you sent in and someone will check it over and see if you need to do anything to strengthen it.

Remember it is like a game of chess, Lowell have played it hundreds of thousands of times and don't care about you, or particularly the court process, so stick to you guns, and let us know if you hear anything.

(I'm going to move your thread to the court claim forum so it doesn't get lost - don't worry I'll leave a redirect so you can find it )

[annie62]

Re: Hallo everyone i use to be a member many years but reregistered as all things cha

:santa_cheesy:Thank you I have now noticed this is cabot financial and there solicitors so its been moved around a bit.This is well over 9 years old and I have never contacted any one or replied to there letters or made any payment.I can not even find it on my credit file although I will look again. I think they are trying it on in the hopes that I will admit to this or pay them .Could you please tell me why I need to let it go to mediation please sorry to ask just don't know any thing about all of this. Once again thanks for any help you give me

[nemesis45]

Re: Hallo everyone i use to be a member many years but reregistered as all things cha

Cabot will have to disclose why it thinks there is a case to pursue, so I would reject mediation at this point. Cabot want you to mediate so they can persuade you that the debt still exists and you are morally bound to pay up!!
For clarification Statute Barred in England and Wales = 6 clear years with no payment (from any source to any party pursuing the debt)
No Unequivocal written admission of liability/acknowledgment of the debt.
No relevant contact from the original creditor of its successors at any time in the 6 year period ( standard debt collection letters/demands for payment or statutory demands are not relevant contact but a court claim is and stops the six year clock from the date a claim is issued).

[annie62]

Re: Hallo everyone i use to be a member many years but reregistered as all things cha

Im now very cofused as I have followed advice from above and gone for mediation but now I,m being told not to PLEASE PLEASE HELP as I have filled in form ready to send back to court tomorrow

[MIKE770]

Re: Annie62 v Lowell

always show willing to have mediation,

[nemesis45]

Re: Hallo everyone i use to be a member many years but reregistered as all things cha

Im now very cofused as I have followed advice from above and gone for mediation but now I,m being told not to PLEASE PLEASE HELP as I have filled in form ready to send back to court tomorrow

The problem here is Cabot are using (misusing) the mediation process especially when a " Statute Barred" defence is entered, they will use it to put questions to you regarding the alleged debt in a way to get you to accept liability.

Cabot MUST provide unequivocal proof that the debt is Not stat barred, they are masters a producing flimsy claims of " mystery on off payments of £1 or £10 please do Not fall into their carefully planned trap.

[annie62]

Re: Hallo everyone i use to be a member many years but reregistered as all things cha

Thank you I will go for mediation then and see what stunts they try to pull and let you know how its going if you all think this is best.:santa_smiley:

[annie62]

Re: Annie62 v Lowell

If not I can cross out mediation and let it go to court that way surely they must provide proof

[MIKE770]

Re: Annie62 v Lowell

you must show willing to mediation,

[annie62]

Re: Annie62 v Lowell

Ok will do and then see what happens I suppose but worried about the tricks they may try and pull lol :santa_smiley: