• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

cabot county court claim statue barred

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Re: cabot county court claim statue barred

    Originally posted by charitynjw View Post
    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

    Comment


    • #17
      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.
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #18
        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

        Comment


        • #19
          Re: cabot county court claim statue barred

          Originally posted by pel007 View Post
          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
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #20
            Re: cabot county court claim statue barred

            Yes proof of posting plus same will be done for tomorrow

            Comment


            • #21
              Re: cabot county court claim statue barred

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

              Comment


              • #22
                Re: cabot county court claim statue barred

                Endorse 'Statutory purposes only'
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #23
                  Re: cabot county court claim statue barred

                  Originally posted by charitynjw View Post
                  Endorse 'Statutory purposes only'
                  Do i put that on the back of postal order

                  Comment


                  • #24
                    Re: cabot county court claim statue barred

                    yes

                    c
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #25
                      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

                      Comment


                      • #26
                        Re: cabot county court claim statue barred

                        Originally posted by nemesis45 View Post
                        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.

                        Comment


                        • #27
                          Re: cabot county court claim statue barred

                          Originally posted by pel007 View Post
                          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

                          Comment


                          • #28
                            Re: cabot county court claim statue barred

                            Originally posted by nemesis45 View Post
                            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

                            Comment


                            • #29
                              Re: cabot county court claim statue barred

                              Originally posted by pel007 View Post
                              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

                              Comment


                              • #30
                                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.

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                                Announcement

                                Collapse
                                1 of 3 < >

                                Support LegalBeagles


                                Donate with PayPal button

                                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                                2 of 3 < >

                                SHORTCUTS

                                Pre-Action Letters
                                First Steps
                                Check dates
                                Income/Expenditure
                                Acknowledge Claim
                                CCA Request
                                CPR 31.14 Request
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application
                                Witness Statements
                                Directions Questionnaire
                                Statute Barred Letter



                                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                                NOTE: If you receive a court claim note these dates in your calendar ...
                                Acknowledge Claim - within 14 days from Service

                                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                                We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                                If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
                                3 of 3 < >

                                Need Formal Help?




                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                See more
                                See less

                                Court Claim ?

                                Guides and Letters
                                Loading...



                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                Working...
                                X