DISCONTINUED!!! Please HELP!! amateur trying to defend a case against CapitalOne/Cabb

[laurenosborne1991]

Hello All,

I appreciate there are a lot of posts around these topics already, believe me I have read through them and the advice is fantastic.
I am completely new to all of this and have no idea what I am doing, I have however began the process of defending this!
Any help would be greatly appreciated.

Firstly, I received a letter from the court explaining that I have an outstanding debt from capital one which has been passed onto Cabbot... This was on my Noddle credit check, however since receiving this letter, it is no longer on there. I believe my Debt is Stat Barred therefore i am defending my case.

- I have;
* Acknowledged service to the court
* Sent CCA
* Sent CPr


I have received a letter from Weightmans stating that they have requested copies of my credit agreement together with a statement of account and a notice of assignment from the original creditor.

It then goes on to say
With regard to your request for an extension we can confirm our client is willing to provide 14 days. Please ensure you notify the court in writing.

This may sound a stupid question... what on earth do i do next? I take it i Need to notify the court but how? Simply sending a letter saying Weightmans are giving me a 14 day extension? why do i have an extension when It is me awaiting documents?#

As stated, any help will be hugely appreciate it, Thank you in advance,

A terrified woman who wants a mortgage without a CCJ.

[nemesis45]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

Hi welcome to LB,

Let's get some history on this please.

Who is the original creditor

What is the debt for, a loan, credit card, HP ?

How much is claimed?

When was this defaulted?

When was the last payment or written acknowledgment of the debt?

Important Point Telephone the court on Monday to inform them of the extension.

BTW, the account no longer appearing on the credit file does no automatically
mean it's statute barred.

nem

[laurenosborne1991]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

Hello,

Thank you so much for replying!

Who is the original creditor- Capital one

What is the debt for, a loan, credit card, HP ? Credit card

How much is claimed £374.83 plus costs so £459.83

When was this defaulted: 10.05.2009

When was the last payment or written acknowledgment of the debt? I have no evidence of any dates but well prior to the default date.

Important Point Telephone the court on Monday to inform them of the extension. Thank you I will do this Monday.

BTW, the account no longer appearing on the credit file does no automatically
mean it's statute barred. I understand this but I just cannot locate it now to find any further details.

Thank you so much in advance

Lauren

[nemesis45]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

Hi Lauren,

When exactly was the Claim issued please, the court claim stopped the " 6 year clock" on the date it was issued.

nem

[laurenosborne1991]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

The claim was issued on the 20th May 2015?
does this mean I cannot defend it?

Lauren

[nemesis45]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

The claim was issued on the 20th May 2015?
does this mean I cannot defend it?

Lauren

Facts:

We have default date of 10.05 2009.
Claim Date 20.05 2015.

The last payment could have been made up to 6 months prior to the date the default was registered.

To my mind this was statute barred before the claim was issued, if no payments or acknowledgment were made in that 6 year period.

Statute Barred is a complete defence.
Cabot are well know for finding " mystery " one off payments around a year before a debt becomes statute barred.
Let's try to stop this now without admitting any liability.

To Weightmans


Date

Ref: County Court Claim No:................................:

Sir/ Madam,

I refer to the above mentioned claim dated 20th May 2015 on behalf of Cabot Financial.

This alleged debt is Statute Barred and became so prior to the issue of this claim.

Given this information I respectfully request that Weightmans informs it's client of the status of the alleged debt and in the interest of saving costs and court time withdraws the claim.

Any continued action will be robustly defended.

Send this by signed for post and check delivery.

If Cabot don't comply with the CCA request once the 12 + 2 Working days has elapsed the debt
is unenforceable until the agreement if any is produced.
nem

[laurenosborne1991]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

Brilliant, I shall send this off on Monday as well as calling the courts.
Thank you so much for your time, I will keep you posted and any further guidance will be gratefully received, thank you again

Lauren

[nemesis45]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

Brilliant, I shall send this off on Monday as well as calling the courts.
Thank you so much for your time, I will keep you posted and any further guidance will be gratefully received, thank you again

Lauren

Happy to help Lauren!! ( I suspect some delay in a reply from Weightmans/Cabot while they look for a " mystery one off payment):tinysmile_twink_t2:

nem

[laurenosborne1991]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

Hello, I have received a letter back from Cabbot which states they need 40days to get the documents together.
When Weightmans replied to me on the 27th May they stated they would give me a 14 day extension. This was sent on the 27th May, so really i need to get something in the post today, but to who and saying what i have no idea.
I did as you told me and sent the letter stating the debt was statute barred but heard nothing back as of yet and no i am in a bit of a state panicking about what i need to do next.

Any help would be appreciated, Thank you

Lauren

[nemesis45]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

Ok, Cabot's dirty trick on the CCA request:

Your defence is:

I Ms Lauren ............ ............
of ......your address

received County Court Claim No. ................ on date ......................:


1. That the debt is statute barred under the provisions of section 5 of the Limitations Act 1980.

2. The alleged debt was Statute Barred prior to the claim being issued on:.............44

3. On date: I sent a request under the provisions of CCA 1974 to Cabot Financial accompanied by the £1.00 fee.

4. On date: Cabot responded to my request stating it required 40 days to comply with the request.

5. To date Cabot has not provided the documents requested and is therefore unable to enforce the debt.

6. A request made under the provisions of CPR 31.14 was sent to Weightmans solicitors on date:

7. To date no documents have been produced.

8. Should Cabot/Weightmans produce the data requested I will be able to amend my defence.

I'm doing this on the run Lauren, take a look at some threads on Cabot claims the defences will help
you format the above.

No response to the SB letter is often a good sign!!

nem

[FlamingParrot]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

Hello, I have received a letter back from Cabbot which states they need 40days to get the documents together.

That's their standard template response to all requests. It has no basis in law as 40 days are allowed for a SAR, it's 12+2 working days for a CCA request but they tell everyone about the 40 days.

When Weightmans replied to me on the 27th May they stated they would give me a 14 day extension. This was sent on the 27th May, so really i need to get something in the post today, but to who and saying what i have no idea.

The 14 day extension starts to run from your previous deadline to file a defence, not from the date on their letter, it basically adds a 14 days to the original 33 days you had to file a defence, i.e. you now have up to 47 days from date printed on claim.

As a defendant, you need to inform the court of their agreement to an extension.

I did as you told me and sent the letter stating the debt was statute barred but heard nothing back as of yet and no i am in a bit of a state panicking about what i need to do next.

Any help would be appreciated, Thank you

Lauren

I've not read the whole thread but if the debt is SBd, then that's an absolute defence so there's no need to panic. :thumb:

Just make sure you don't miss the deadline to file your defence and inform the court of the extra 14 days agreed with Weightmans. :typing:

[laurenosborne1991]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

Thank you for this Nem,

Is this to be sent to the courts? and Just the courts?
Really appreciate the help and advice.

Lauren

- - - Updated - - -

Also Thank You Flaming Parrot for breaking down all of that for me , I really appreciate evryone's help! I will keep you updated. But for now do I wait to send my defence off or should i do it sooner rather than later? The originat date on the court form was the 20th May 2015,
Thanks again

[laurenosborne1991]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

Hi Nem

If I just send my defence as laid out above (obviously with all correct dates, numbers, names etc) to the court? If so is it just going to the court?
I have been looking through different threads but cant seem to find any other formatted letters, I must be looking in all of the wrong places.

Just to let you know i have received no paperwork/letter from anyone since Cabbot requested the extra 40 days.

Any help greatly appreciated, Thank you

Lauren

[nemesis45]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

Yes defence to the court which will serve it on Cabot and then Cabot has 28 days to respond.

If Cabot has not supplied the agreement within the 12 +2 working days the debt is rendered
unenforceable until the agreement has been provided.

Once the court has informed you that the defence has been served regular checks with the court
to see if Cabot has responded if it has not done so within 28 days the court will stay the claim but you will not
be informed of this.

nem

[laurenosborne1991]

Re: Please HELP!! amateur trying to defend a case against CapitalOne/Cabbot/Weigtmans

Hello,

Well today is the 28th day that Weightmans had to reply and they did, with the following:

"We have recieved your defence and can confirm that our client does not acceot such. Accordingly, we have written to the court to request that the matter proceed as defended.

However, our client is hopeful that this matter may be resolved amicably and we invite you to contact our Benjamin Davies to discuss.

Weightmans LLP."

Any help on understanding this and what action i need to take in going forwards would be gratefully recieved.

Have I lost this case now? :tinysmile_hmm_t2:

Thank you in advance