**DISCONTINUED** - Annie62 v CABOT

[annie62]

Re: Annie62 v Lowell

:tinysmile_kiss_t4:

The onus of proving the debt is not statute barred falls entirely upon the claimant, unequivocal proof of any alleged payment must be insisted upon.

I have made no payment what so ever and they can not say I have. I would like to see what they make up and yes I do have bank statements going right back so I can prove I never have.So shall I just wait and see what they come up with. The solicitors have a good name (wright hassal) which is what they are giving me with no evidence to prove they have a case .I will not contact them and just wait to see what happens then Thanks a lot

[nemesis45]

Re: Annie62 v Lowell

Yep sit back and wait to see if there's any attempt to invent a payment, then if there is report it for " information" to the FCA.

[annie62]

Re: Annie62 v Lowell

Yep sit back and wait to see if there's any attempt to invent a payment, then if there is report it for " information" to the FCA.

Just heard today that cabots so called solicitor hasn,t sent the questionair back which they should have had back by the 5th so they have now got a few more days to do so or the court will strike out the case.What makes me mad is they have been given more time but if the boot was on the other foot I would have got a ccj there and then the next day if it hadn't got there.why have they been given more time it said returned by the 5th mine was there on the 30th dec

[nemesis45]

Re: Annie62 v Lowell

Were you informed by the court or Crapbots sols?

[annie62]

Re: Annie62 v Lowell

Were you informed by the court or Crapbots sols?

Sorry not been on for a little while as I had hoped that (crapbots) had there papers chucked out of court because they hadn,t sent there questionnaire back but they sent it back on the last day of there extended time limit can not print what I think of that. But they are pushing for this to now go to court hearing I don,t know how they can carry on as I,ve searched my credit report again and again which shows nothing at all to do with this I,ve never been in contact with them in any way made them any payments or talked to them on the phone. Could some one please give me some advice on what to do now as this is without a second thought statute barred so how do they hope to win I,m just at a loss now as what to do. Any help would be very i greatfull for.

[nemesis45]

Re: Annie62 v Lowell

just to help clarify matters for you.
Statute Barred in England & Wales (simple contracts/credit card /unsecured loan) no payments or unequivocal written acknowledgment of the debt in 6 clear years.

SB clock starts: From the date are contractual payment was due and not made, after which no further payment or written acknowledgment was ever made.

If this applies to your debt it is stat barred and you have a complete defence.

nem

[annie62]

Re: Annie62 v Lowell

:beagle2222:

just to help clarify matters for you.
Statute Barred in England & Wales (simple contracts/credit card /unsecured loan) no payments or unequivocal written acknowledgment of the debt in 6 clear years.
So when I get the court date from my local court will I be asked why I am disputing there claim and if so just say that this is statute barred and ask that they prove it is not or that I have made payments to them or that I have admitted to owing this money. Sorry to be a pain

SB clock starts: From the date are contractual payment was due and not made, after which no further payment or written acknowledgment was ever made.

If this applies to your debt it is stat barred and you have a complete defence.

nem

[annie62]

Re: Annie62 v Lowell

:beagle:Have received court letter from my local court I now have to file my defence with them by April and send a copy to the other side and like wise they have to file there claim and I would think any thing to do with the fact that I should pay them. Do you think I should just say this is statute barred and leave it at that the court date is in june could I please have some advice only I know for a fact this is stst barred and yet they keep pressing ahead at the moment. I understand they have to pay to file against me so just wonder if they will only they don't have any thing to go on I have checked this over and over. Advice please x

[nemesis45]

Re: Annie62 v Lowell

A debt being Statute Barred BEFORE the Issue date on the claim form is a complete defence.

nem

[annie62]

Re: Annie62 v Lowell

:tongue2: So would you just put on the letter to them that this is statute barred again and see what they come back with only ive had no evidence of any sort by them to prove other wise. Thanks in advance for your help

[Streetwise]

Re: Annie62 v Lowell

:tongue2: So would you just put on the letter to them that this is statute barred again and see what they come back with only ive had no evidence of any sort by them to prove other wise. Thanks in advance for your help

Just quote the limitations act.

[nemesis45]

Re: Annie62 v Lowell

Section 5 Limitations Act 1980.

Just state the following.

Having researched my financial history I have concluded that the alleged debt is Statute Barred under the provisions of section 5 of the Limitations Act 1980.


I will not therefore make any payment now or in the future.
I remind Lowell that the onus of providing unequivocal proof
that the alleged debt is not statute barred falls entirely upon
Lowell, unsupported allegations of "one off" payments during
the relevant 6 year period will be robustly refuted.
It is my contention that the alleged debt was statute barred
before claim N0.xxxxxxxxxxxx was issued by the court.

nem

[Don Quixote]

Re: Annie62 v Lowell

:beagle:Have received court letter from my local court I now have to file my defence with them by April and send a copy to the other side and like wise they have to file there claim and I would think any thing to do with the fact that I should pay them. Do you think I should just say this is statute barred and leave it at that the court date is in june could I please have some advice only I know for a fact this is stst barred and yet they keep pressing ahead at the moment. I understand they have to pay to file against me so just wonder if they will only they don't have any thing to go on I have checked this over and over. Advice please x

You MUST follow the court directions and resubmit your defence (and a witness statement if needed) – they will have to provide the same to you. Which will be interesting. What is your deadline? Let us know what the court order said, just to be clear.

Who was the original creditor on this? What is the nature of the debt? There’s a lot we don’t actually know. I just hope it’s not mortgage-related!

As you are 100% sure of the SB status, I would send them a letter stating you will be seeking costs in the case for their provable totally unreasonable behaviour. Small claims does not means costs can’t be awarded.

[annie62]

Re: Annie62 v CABOT

:tongue2:Thank you for the advice. This is to do with an old credit card from 2005 and its only over the last few months they have now tried to chase this and take it to court. The letter from my local court has no paper work for me to fill in I must just send a letter to the court with my defence on it as there is nothing else with it I must also send a letter to the other side as to the same. Im just wondering why they have not sent anything to me yet if they are so sure of them selves. It has been suggested above that I can claim costs from them could someone please tell me how to do this.Thank you in advance for any help and advice given .

[Don Quixote]

Re: Annie62 v CABOT

Costs will come much later, but it may be worth advising them now that you will chase them for costs on the grounds of unreasonable behaviour – have a look at this case conducted by forum bod PT2537 recently, where a certificate of unreasonableness was issued by the judge and costs awarded:

https://consumercreditlitigationandd...mkdp-judgment/

So it CAN be done.