** discontinued - now stat barred ** Court Claim - cabot / citi

[FlamingParrot]

Re: Court Claim - cabot financial / citi - 30-3-2015

It certainly sounds like good news. :whoo: :whoo:

Another one bites the dust! :high5:

Just make sure you do get confirmation from Mortimer Clarke that proceedings HAVE been discontinued. :ranger:

[nemesis45]

Re: Court Claim - cabot financial / citi - 30-3-2015

Hi everyone, just a wee update from cabot letter recieved today copy's attached very interesting letter it looks like they are discontinuing proccedings.... does that mean they are giving up on the court claim i hope...

You need to watch Cabot very, very carefully regarding the mention of discontinuing the claim, if it can concoct some reason to restart they will take the opportunity to do so.

If/when Cabot confirms it has discontinued the claim, check with the court as well.

nem

[bmw2602]

Re: Court Claim - cabot financial / citi - 30-3-2015

It certainly sounds like good news. :whoo: :whoo:

Another one bites the dust! :high5:

Just make sure you do get confirmation from Mortimer Clarke that proceedings HAVE been discontinued. :ranger:

Thanks for that, yes i will do make sure i get it...

[Kati]

Re: Court Claim - cabot financial / citi - 30-3-2015

:tinysmile_twink_t2:

[bmw2602]

Re: Court Claim - cabot financial / citi - 30-3-2015

You need to watch Cabot very, very carefully regarding the mention of discontinuing the claim, if it can concoct some reason to restart they will take the opportunity to do so.

If/when Cabot confirms it has discontinued the claim, check with the court as well.

nem

Thankyou Nem i will keep an eye on them, will give them a couple of days then i will phone the court and check that they have discontinued the claim, will post up any more info if i hear from them, thankyou all for your help with this matter couldnt have done it without your advice...

[bmw2602]

Re: Court Claim - cabot financial / citi - 30-3-2015

Ha they offered me a payment ? do i accept or ignore wonder if its a trap :noidea:

[FlamingParrot]

Re: Court Claim - cabot financial / citi - 30-3-2015

Ha they offered me a payment ? do i accept or ignore wonder if its a trap :noidea:

That relates to the breach of the DPA as opposed to the claim itself. It's not uncommon to offer compensation when you make a formal complaint, acceptance will stop you from taking matters further to the FOS and/or the ICO. For example, Santander paid me £50 when I complained about their initial response to my SAR, where they sent only six months of statements instead of at least six years and demanded a further £10 if I wanted more. That matter was much less serious than sending you someone else's documents yet they still offered compensation. :thumb:

[nemesis45]

Re: Court Claim - cabot financial / citi - 30-3-2015

Ha they offered me a payment ? do i accept or ignore wonder if its a trap :noidea:

Standard please don't tell the authorities we been prats bribe, gone up a bit recently used to be £50 if you were luck, it won't compromise you defence at all, take the money and have a night out!!

nem

[bmw2602]

Re: Court Claim - cabot financial / citi - 30-3-2015

You need to watch Cabot very, very carefully regarding the mention of discontinuing the claim, if it can concoct some reason to restart they will take the opportunity to do so.

If/when Cabot confirms it has discontinued the claim, check with the court as well.

nem

Will do, I'm not sure when does a claim become statute barred is it when you last made a payment which I did in march 2010 if it is that means its only 9 months till then.

[FlamingParrot]

Re: Court Claim - cabot financial / citi - 30-3-2015

Will do, I'm not sure when does a claim become statute barred is it when you last made a payment which I did in march 2010 if it is that means its only 9 months till then.

Claims do not go statute barred, however, in this case it looks like Cabot were going to discontinue their claim so you should make sure they actually do discontinue and check with the court.

Debts go SBd when there's been at least six years without any payments or written acknowledgment, if you paid in March 2010 it wouldn't have been SBd when the claim was issued and the claim would have reset the clock. Having said that, if the claim is discontinued, bringing a fresh claim for the same account in the future would be abuse of process in most cases.

[nemesis45]

Re: Court Claim - cabot financial / citi - 30-3-2015

I understand what you mean, a debt becomes statute barred if there has been no payment or unequivocal written acknowledgment of the debt in 6 clear years, in the case of a credit card debt the clock starts ticking " when a contractual payment was due and not made, after which no further payment or written acknowledgment was ever made, so in practical terms 1 month after the last payment ever made.

Any County Court Claim stops the 6 year clock ticking on the date it's issued.




nem

[bmw2602]

Re: Court Claim - cabot financial / citi - 30-3-2015

Hi everyone, telephoned the court this afternoon and they said that the claim is stayed at present and has not yet been discontinued. I should have know they wouldnt so going to write a letter to them asking why they not done it yet, do you think i should write to them ? not sure what to do, thanks in advance...

[FlamingParrot]

Re: Court Claim - cabot financial / citi - 30-3-2015

Hi everyone, telephoned the court this afternoon and they said that the claim is stayed at present and has not yet been discontinued. I should have know they wouldnt so going to write a letter to them asking why they not done it yet, do you think i should write to them ? not sure what to do, thanks in advance...

I certainly would be asking them why it hasn't been discontinued, attaching a copy of the letter saying it would be. :thumb:

[bmw2602]

Re: Court Claim - cabot financial / citi - 30-3-2015

Hi Thanks for that FlamingParrot i will write that letter now :boink: and jog there memory and include a copy of the original letter..

[bmw2602]

Re: Court Claim - cabot financial / citi - 30-3-2015

Hi sent letter on the 21st june to cabot and mortimer reminding them about discontinuing the claim but not heard anything from cabot, recieived a letter from mortimer saying that they are waiting on instructions from cabot.... still waiting.. :typing: