**DISCONTINUED** - Annie62 v CABOT

[annie62]

Re: Annie62 v CABOT

:tinysmile_aha_t:Thanks for that while I don't fully understand it all I think I get the outline of it. So when I submit my defence to them I will also add that I may seek costs against them for ? im not sure lol any help on that one please When I send them my defence I will send it how nemesis has put it . I have to send this to court and the other side by the 7th april. Thank you for all your help.x:tinysmile_kiss_t4:

[Don Quixote]

Re: Annie62 v CABOT

Yes, nem’s stuff is spot on, but it’s worth pushing the point on costs because you have given absolute clarity on the SB status. They seem to be ignoring the overriding objective by ignoring the essence of your defence.

Only if they can prove a payment within the last six years and get judgment might have they any chance of avoiding costs, IMHO, if you continue to force this point home. Your defence is unequivocal. Judges are increasingly taking a dim view of claimants who push on and waste the court’s time just to put undue pressure on defendants, or who fail to back up their claims or act reasonably.

On another note (and apologies if it has already been mentioned), one old Cabot trick is to claim that the cause of action runs from the date of default registered with the CRAs. This is tosh. I know you said you couldn’t find it on your credit file, but if a very late default was registered, it may have dropped off at about the time of the issue of the claim. May be worth another check on Noddle or one of the other CRAs. If they do come up with this argument, it’s easy to defend – and they should know the law.

[nemesis45]

Re: Annie62 v CABOT

It's worth remembering that the claimant has to prove unequivocally that the debt is NOT statute barred.

nem

[Don Quixote]

Re: Annie62 v CABOT

It's worth remembering that the claimant has to prove unequivocally that the debt is NOT statute barred.

nem

Indeed. As nem has said before, if what we suspect transpires to be true, you must complain, complain, and complain again to the FCA!

[annie62]

Re: Annie62 v CABOT

:tongue2:Thank you so much I always feel I have friends who really want to help me on here and I,m sorry if im a bit dumb but at least you all help me in terms I understand which is so so helpful thank you x

[Don Quixote]

Re: Annie62 v CABOT

:tongue2:Thank you so much I always feel I have friends who really want to help me on here and I,m sorry if im a bit dumb but at least you all help me in terms I understand which is so so helpful thank you x

We’ve all been there...

The only thing you have to be 100% on is that there was absolutely no payment or written acknowledgment. Always worth double and treble checking.

[annie62]

Re: Annie62 v CABOT

:doggieyes:I have checked many times to see if there is anything to do with this but there isn,t a thing that I can find. Also I have never never made a payment to them nor have I acknowledged this in anyway not now or in the passed .I will go onto the site you suggested called noodle and see what happenes befor I send my defence back. Thanks again for your help x

[nemesis45]

Re: Annie62 v CABOT

Send the SB letter now,
Add :

In view of the fact that the alleged debt is statute barred I suggest that Cabot withdraws Claim No. xxxxxxx in the interest of saving cost and court time.

nem

[annie62]

Re: Annie62 v CABOT

:beagle2222:Thanks Nem once I check this site called noodle and there will be nothing there I will send the letter to them as you have stated. Thank you very much for your help. x

[annie62]

Re: Annie62 v CABOT

:tongue2:Hi I have now checked out the site called noodle and as I suspected there is nothing on there either I think they are just trying it on so I will write the letter as above and see what they try then .

[debs65]

Re: Annie62 v CABOT

nothing on noodle, experian, equifax or check my file for me either annie62. Lowells solicitors said I made one off payment in Dec 2009, did as nem advised and asked for proof 3 months ago and they just send me statements and they prove no payment ! It IS SB like yours!

[nemesis45]

Re: Annie62 v CABOT

This I'm afraid is a well known ploy of Lowlife and Crapbot, leaving things hanging to cause as much stress as possible for the alleged debtor in the hope they crack and make contact.
Annie & Deb keep an eye on credit files and any post from the DCA's in case of underhand dealings.

nem

[annie62]

Re: Annie62 v CABOT

:doggieyes:Thanks Nem will do. I shall be getting my defence writtern to day and will send of so will see what crap they come back with lol x

[nemesis45]

Re: Annie62 v CABOT

Good luck Annie.
Keep us up to date on progress please.

nem

[annie62]

Re: Annie62 v CABOT

:beagle2222:I will keep all crossed I,m just wondering what they will try lol x