**DISCONTINUED** - Annie62 v CABOT

[nemesis45]

Re: Annie62 v CABOT

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

nem

Cabot's current litigious stance means that they are more unreliable in their actions than before, care is needed watch carefully.

nem

[annie62]

Re: Annie62 v CABOT

:tinysmile_cry_t:Please can someone advise me asap as I need to sort my defence for court and I have to do it myself no forms to fill in this is to be ready for court in june if it gets that far as cabot have still sent nothing to me.I have to have this in court by the 9th April and I,m at a complete loss on how to do this PLEASE PLEASE HELP.

[nemesis45]

Re: Annie62 v CABOT

Hello Annie,
I guess not may people will be around with the Bank Hols.

Take a read around all the Cabot threads and the defences on them. get some idea
of what is needed and make a draft up, post here and we'll take a look for you.

nem

[annie62]

Re: Annie62 v CABOT

:beagle:Hi Nem when I write to the otherside again with my defence do I put without prejudice on it but not on my court one im getting in a right 2&8 over this I need the st barred template to look at and I cant find it Help please Nem x

[nemesis45]

Re: Annie62 v CABOT

Never use WOP it will prevent you using what is said in court.

SB letter in the forum library.

nem

[annie62]

Re: Annie62 v CABOT

:tinysmile_cry_t:Thank you Nem will try again to find it lol

[annie62]

Re: Annie62 v CABOT

:beagle::beagle:HELP NEM I must be in a panic as I just can not find the st barred template I need :beagle:

[MissFM]

Re: Annie62 v CABOT

:beagle::beagle:HELP NEM I must be in a panic as I just can not find the st barred template I need :beagle:

Hi Annie,

Can't for the life of me find the LB one but here's the one from National Debt Line

Without prejudice

Dear Sir/Madam
Account No: _________________________
You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.
I/we would point out that under the Limitation Act 1980 Section 5:
“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”
I/we would point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:

• "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4
• "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.
I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.


Yours faithfully


(Your signature)

(Hope this isn't what Nem means by "WOP":noidea: )

Edit: just realised it is! Take off "Without prejudice".

[MissFM]

Re: Annie62 v CABOT

Another one, if you prefer, from http://debtcamel.co.uk/statute-barred-debt/

Dear [Creditor / Debt Collection Company], I am writing in response to a letter from you dated [dd/mm/yy], a copy is attached.

I deny liability for what you are claiming. In addition I have not made a payment to this debt or acknowledged it for over six years. This debt is therefore statute barred and I will not be making any payments to it.
Under the Limitation Act 1980 you cannot take court action unless you can provide evidence of payment or written contact from me within the past six years. The Financial Conduct Authority rules state:
CONC 7.15.4 Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period.
CONC 7.15.8 A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.
If you continue to contact me about this debt, I shall put in a complaint to the Financial Ombudsman.
Yours sincerely, [name]

[MissFM]

Re: Annie62 v CABOT

Have finally found the Leagle Beagles one!:tung:

http://www.legalbeagles.info/forums/showthread.php?47371-Statute-Barred-Debt-Letter

[FlamingParrot]

Re: Annie62 v CABOT

Hi Annie,

Can't for the life of me find the LB one but here's the one from National Debt Line



(Hope this isn't what Nem means by "WOP":noidea: )

Edit: just realised it is! Take off "Without prejudice".

I find it rather odd them having that on a SBd letter...

[nemesis45]

Re: Annie62 v CABOT

Many of the older templates had this, caused some problems in the past.

nem

[annie62]

Re: Annie62 v CABOT

:beagle2222:Hi I hope someone is on here to give me a reply asap. Cabot and myself had until today to send all doc,s to court and to each other so that we both know what the other is saying? all mine were back and I even sent them garented next day delivery to them and my local court. well today is here the post came ages ago and I,ve had nothing what so ever from them. Can I ask the court to strike there claim out as this is now a joke please please advise me. Thanks in advance x

[annie62]

Re: Annie62 v CABOT

:censored::jaw:omg omg I could scream phone court and told them I,ve had nothing at all from cabot only to be told on the last day of filing they have asked for an extenstion of time to get there evidence together they started this back in December will the court really let them get away with this or is there any thing I can do like complain about there tactics please help

[nemesis45]

Re: Annie62 v CABOT

Inform the court you disagree with their request as you have complied with all the courts directions. State you are going to apply for the claim to be struck out in answer to their application for more time.

nem