Dilema v Cabot Financial/Mortimer Clarke

[dilema]

Hi Mike770,

Are you able to elaborate..?

Dilema

[MIKE770]

is this one approaching 5 years Scotland or 6 years England/Wales since last payment or acknowledgement of an alledged debt? i.e statute of limitations may be soon kicking in where any debt would be time barred for collection which any case would be lost by claimants due to the Act?

I was just wondering if this alledged debt is nearing limitations limit and that this maybe a last ditch attempt to get you to respond so as to re-start limitations period?

[dilema]

The agreement comes under Scottish Law , which is mentioned in the T&C's. I would need to look back through the information I have. I previously had a very minimum payment arrangement with a Company appointed by the bank, but then I stopped paying as from memory, the debt kept transferring to different companies, to the point I did not know who I should be paying.

In terms of the timeframe of when i last paid something, it must be more than 5 years.

The current Company came onto the scene in 2015 when all this flared up, but they said they had sent previous correspondence, hence the reason for taking court action at that time.

Dilema

[MIKE770]

then last payment/acknowledgement info is essential as this may be statute barred i.e. time barred,

[MIKE770]

Amethyst

[dilema]

Hi,

OK. I need to check to see if I can exactly establish the timeline.

Otherwise, does the fact that the reconstituted agreement has a c/o address, meaning that it is not the address where the original agreement was issued/taken out making their claim invalid...?

Also in the T&C's it also states,


16.2. We may transfer any or all of or our rights or duties under this agreement to another organisation etc




17.5 Nobody other than we or you can enforce any part of this agreement under the contracts (rights of third parties) Act 1999




17.6. This agreement is governed by Scottish Law


These slightly contradict each other..?

Dilema

[dilema]

nemesis45

[dilema]

@flamingparrot

[MIKE770]

Amethist has been asked to pop in you are asking for non active members in some cases patients

[dilema]

Ok..thanks

[dilema]

I had been reviewing some of the previous comments.
Dilema

[dilema]

Hi MIKE770,

The last payment made was in May 2012 looking back through some statement info. However the dialogue with Cabot started in 2015 in relation to the account.
So I imagine the action is not statute barred.

Any further thoughts based on the above clauses or previous thread of information or comments from your tagged member..?

Dilema

[MIKE770]

Amethyst

[Amethyst]

Okay so this claim is still on hold in the court system, but they have sent you copies of documents they believe evidence their case and satisfy your requests under the consumer credit act and intend to apply to the court to lift the stay and either proceed with the claim or ask for summary judgment ?

The documents ( original agreement allegedly ) isn't actually the original agreement and doesn't contain the correct address from when the credit agreement was taken out ?

( playing catch up )

[dilema]

Hi Amethyst,

Apologises for the delayed response, I had not checked online recently and had not received a notification you have responded.

I am not sure of the status of their position with the court, but their supporting information which included a copy of a credit agreement with my name and a c/O address, so not the original address.

I responded again quite recently incorporating previous advice posted by some of the other members (more than 18 months ago). Basically the info Cabot or their solicitors provided came 18 months after they previously corresponded, with no letter of their intention in between. Only writing again out of the blue with some additional information. The whole case with started in 2015.
Sub consciously this has been eating away/stressful.

However, I have just received another letter from them with another copy of a credit agreement, now with an older address. So it now begs the question where have they pulled this out of the bag after all this time! It is now almost starting to feel slightly fraudulent.

They are wanting a quick response, so trying to apply pressure. I am responding within their time limits or advising of my actions, but they of course have taken 18 months previously to do anything!

There is a thread of earlier correspondence relating to this case, but the card would have been taken out pre April 2007 and was applied for at a promotion event, so in theory I would not have signed any credit agreement as such, but merely applied for the card and then waiting to see if my application had been successful.

I am now considering how to respond or course of action I need to take. The way this company has dealt with this and how the information has been provided is questionable and for all I know a name printed any basic agreement.

Your advice would very much be appreciated.

Dilema