cabot county court claim statue barred

[pel007]

Re: cabot county court claim statue barred

I'm not an expert, but from what I've read, if SB, the court can't give you a CCJ.

Ok thanks for that, please excuse me if i dont understand things, im not that clued up on law or meanings.
so how would i go about defending it on the grounds of SB.
should i send a letter to mortimer clarke saying the debt is SB

[charitynjw]

Re: cabot county court claim statue barred

At the top of this thread in the green box is some info.

Read through it & adapt to suit.

[pel007]

Re: cabot county court claim statue barred

Im not sure what i am looking for.
if i go over what i have done can you tell me my next steps, thanks

Acknowledged with court
just sent cpr
cca will be going tomorrow

[charitynjw]

Re: cabot county court claim statue barred

Im not sure what i am looking for.
if i go over what i have done can you tell me my next steps, thanks

Acknowledged with court
ok

just sent cpr
+ proof of posting?

cca will be going tomorrow
+£1 & Proof of posting

cccc

[pel007]

Re: cabot county court claim statue barred

Yes proof of posting plus same will be done for tomorrow

[pel007]

Re: cabot county court claim statue barred

With the postal order should i put cabot on it or leave blank

[charitynjw]

Re: cabot county court claim statue barred

Endorse 'Statutory purposes only'

[pel007]

Re: cabot county court claim statue barred

Endorse 'Statutory purposes only'

Do i put that on the back of postal order

[charitynjw]

Re: cabot county court claim statue barred

yes

c

[nemesis45]

Re: cabot county court claim statue barred

Hello pel.
Do not enter a defence yet.

To make it easier to advise could you either type in the " Statement of Claim" exactly
as it appears on the claim form please.

You say you believe this may be statute barred.

For a debt to become statute barred in England & Wales, there must be 6 clear years
with no payment or written acknowledgment of the debt, there is some argument on when the 6 year period starts.

With a credit card 2-3 missed payments as set down in the Ts & C's or the default date as argued by some debt purchasers
such as Cabot.

Have you checked credit files it's worth a free check on Noddle online to see what it shows.

nem

[pel007]

Re: cabot county court claim statue barred

Hello pel.
Do not enter a defence yet.

To make it easier to advise could you either type in the " Statement of Claim" exactly
as it appears on the claim form please.

You say you believe this may be statute barred.

For a debt to become statute barred in England & Wales, there must be 6 clear years
with no payment or written acknowledgment of the debt, there is some argument on when the 6 year period starts.

With a credit card 2-3 missed payments as set down in the Ts & C's or the default date as argued by some debt purchasers
such as Cabot.

Have you checked credit files it's worth a free check on Noddle online to see what it shows.

nem

Hi nemesis

Statement of claim is : By an agreement between capital one & the defendant on or around 19/03/2008 ('the agreement') capital one agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due & the agreement was terminated. The agreement was assigned to the claimant. The claimant therefore claims 1831.28

We use experian and the debt was on there roughly a yr ago but is no longer there. Not paid anything or been in contact for over 6yrs.

[nemesis45]

Re: cabot county court claim statue barred

Hi nemesis

Statement of claim is : By an agreement between capital one & the defendant on or around 19/03/2008 ('the agreement') capital one agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due & the agreement was terminated. The agreement was assigned to the claimant. The claimant therefore claims 1831.28

We use experian and the debt was on there roughly a yr ago but is no longer there. Not paid anything or been in contact for over 6yrs.

Hello pel.

Sound like it's statute barred then a complete defence!
More than 6 years from registered default no payments
or written acknowledgment .

My suggestion ( it affects nothing in regard to the provisions of the Limitation Act 1980
is to write to the solicitors ( Is this Restons or Mortimer Clarke?) on t he lines of

Ref: County Court Claim No,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,:

Issued on behalf of Cabot ( add which ever variety of Cabot names this is).

Sir/ Madam

I refer you to the above mentioned claim in regard to an alleged debt to your client Cabot ................ having
received this claim I have check my credit history I have concluded that the alleged debt is statute barred
under the provisions of the Limitation Act 1980.

Given this information I suggest that you refer to your client and invite them to discontinue this claim in
the interest of saving costs and court time.

Should your client decided to continue the claim it will be robustly defended.

Yours etc.


Hopefully they will discontinue if not they will have to disclose their reason (s) for so doing.

Send by signed for post.

nem

[pel007]

Re: cabot county court claim statue barred

Hello pel.

Sound like it's statute barred then a complete defence!
More than 6 years from registered default no payments
or written acknowledgment .

My suggestion ( it affects nothing in regard to the provisions of the Limitation Act 1980
is to write to the solicitors ( Is this Restons or Mortimer Clarke?) on t he lines of

Ref: County Court Claim No,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,:

Issued on behalf of Cabot ( add which ever variety of Cabot names this is).

Sir/ Madam

I refer you to the above mentioned claim in regard to an alleged debt to your client Cabot ................ having
received this claim I have check my credit history I have concluded that the alleged debt is statute barred
under the provisions of the Limitation Act 1980.

Given this information I suggest that you refer to your client and invite them to discontinue this claim in
the interest of saving costs and court time.

Should your client decided to continue the claim it will be robustly defended.

Yours etc.


Hopefully they will discontinue if not they will have to disclose their reason (s) for so doing.

Send by signed for post.

nem

Thanks nem, will do that now and send first thing tomorrow. Thanks for your help, its much appreciated.
solicitors are mortimer clarke

[nemesis45]

Re: cabot county court claim statue barred

Thanks nem, will do that now and send first thing tomorrow. Thanks for your help, its much appreciated.
solicitors are mortimer clarke

I thought so MC are just another company in the Cabot group !

nem

[Joanna C]

Re: cabot county court claim statue barred

Even if the claim is statute barred I would suggest to also plead a full defence to include assignment and statutory breaches just in case, , for example a payment you do not recognise appears in statement history provided by the creditor .

I have dealt with claims where I was told the last payment was made say 7 years previously but when statement histories arrived from SARs it showed last payment made around 5 years.