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cabot county court claim statue barred

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  • pel007
    started a topic cabot county court claim statue barred

    cabot county court claim statue barred

    Hi newbie here. Have read a few threads and hope someone can help.
    my wife has recieved a claim from northampton county court from cabot financial for a debt with capital one which should now be statue barred. There is nothing on credit report either.

    I have done the acknowledge of service.
    do i have to do anything else on there as it has response forms i.e start defence, start part admission

    Also on the cpr
    "To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on*XX XXXX201X."

    Am i putting in a date where the xx's are
    Tags: None

  • ostell
    replied
    You could write to them and ask for details of the alleged payment, ie Amount paid, method of payment, accounts involved in the payment. Not unknown for dummy payments to be alleged.

    Leave a comment:


  • Amethyst
    replied
    Hiya,

    The claim will be on hold in the court system pending their provision of documents. It sounds like they are preparing to apply to lift the stay and proceed, possibly with an application for summary judgment.

    So the primary defence is that the debt was statute barred when they brought the claim against you? However they state the final payment was made in May 2010 - can your wife obtain a copy of her bank transactions from that date ? ( you should be able to order it directly from her bank) - have they said how much the payment was or the method by which it was made?

    Have they provided the default notice / notice of termination ?

    It had already fallen off your credit file when the claim was issued ?

    When you say the dates on the letters don't add up what do you mean?

    Is the agreement correct - originally an online agreement maybe? 2008 ? so would be version 13 at a guess ( 12 is 2007 and 14 is 2009 )

    Leave a comment:


  • pel007
    replied
    Hi can anyone help on this, thanks

    Leave a comment:


  • pel007
    replied
    Have today received a letter from mortimer clarke solicitors. Saying they have reviewed the file. Following the issue of our clients claim you filed a defence.
    in order that our client could provide you with the documentation, we were instructed to place your account on hold and take no further action in relation to the proceedings until we had recieved the requested documentation from our client.

    they have attached a statement and have a last payment of 04/05/2010 which wife dont remember paying. That would have made it not S.B at the time of the defence of feb 2016. Some of the dates on the letters dont add up either. They have said they would rather sort out instead go to court. Even if that payment was made, my wife made a full defence so can they take her to court again.

    Leave a comment:


  • Arasmus
    replied
    Cabot wrote to me start of this year with an 'up to date' statement for an account which had become statute barred 5 or 6 years ago. They also offered a substantial discount if I contacted them to arrange to pay it off.
    Filed the statement in the appropriate place, and did not make any contact as they were obviously trying it on. Heard nothing since.

    Leave a comment:


  • glendale
    replied
    Originally posted by pel007 View Post
    nemesis45

    we consider the agreement is now enforceable and therefore we are entitled to obtain a county court judgment against you, However, we would prefer thag you work with us to set up a repayment plan to settle your outstanding balance.

    They can "consider" what they like - if you are sure it's statute barred then don't worry -their trying it on and hoping you set up a payment plan with them ,if it does go to court you will still have to defend it as normal .

    Leave a comment:


  • pel007
    replied
    If anyone can help with this please, incase nemesis45 aint free, would appreciate any help

    Leave a comment:


  • pel007
    replied
    nemesis45 hi its been a while, over 2yrs later my wife has just got a letter from cabot, with please find enclosed all of the relevant information following your request for information under section [77-78] of the consumer credit act of 1974.

    What happens Next?

    we consider the agreement is now enforceable and therefore we are entitled to obtain a county court judgment against you, However, we would prefer thag you work with us to set up a repayment plan to settle your outstanding balance.

    its been 2yrs so trying to go over everything and remember what we did. We put in her defence and never heard anything, she never got a ccj. Should we have got intouch with the court afterwards?

    thanks for any info

    Leave a comment:


  • pel007
    replied
    Re: cabot county court claim statue barred

    Ok thanks nem. Where should i put regarding the s.b and then am i ready to submit my defence.

    Leave a comment:


  • nemesis45
    replied
    Re: cabot county court claim statue barred

    Originally posted by pel007 View Post
    1: I received the claim C2CD605C from the Northampton County Court on 09/02/2016.

    2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

    3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

    4: that the Defendant has entered into with Capital One for provision of credit.

    4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
    《NOT SURE IF TO LEAVE 5 IN AS THEY SAID AGREEMENT on or around 18/08/2008》 Take Out

    [5. The particulars of claim fail to state when the agreement was entered into.]

    6. The Claimants statement of case states that the account was assigned from Capital One to Cabot financial on[Date]. The Defendant does not recall receiving notice of this assignment.

    7. It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

    8: On the 10/02/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors. I requested the Claimant provide copies of the Agreement and Notice of Assignment.

    9. Mortimer Clarke has not sent any of these documents to me.

    10. On the 13/02/2016 I sent a formal request for a copy of the original agreement to Cabot Financial pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory 1 fee.

    11. The Claimant has failed to comply with s 78 (1)Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

    12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

    13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

    14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

    15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

    16. It is denied that the Claimant is entitled to the relief as claimed or at all.

    Statement of Truth

    The Defendant believes that the facts stated in this Defence are true.

    《ALSO SHOULD I ADD ABOUT IT BEING SB》 Yes The defendant avers that the alleged debt which is the subject of this claim is statute barred under the provisions section 5 of the Limitation Act 1980, no payment or written acknowledgment of the debt having been made in more than 6 years.



    Signed

    Dated ..................................................
    see amendments. Good job done pel!!

    nem

    Leave a comment:


  • pel007
    replied
    Re: cabot county court claim statue barred

    Originally posted by nemesis45 View Post
    Don't worry pel we can go through you do need to understand what everything in your defence means otherwise you could be caught on the hop later.

    nem
    1: I received the claim xxxxxx from the Northampton County Court on 09/02/2016.

    2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

    3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

    4: that the Defendant has entered into with Capital One for provision of credit.

    4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
    《NOT SURE IF TO LEAVE 5 IN AS THEY SAID AGREEMENT on or around 18/08/2008》
    [5. The particulars of claim fail to state when the agreement was entered into.]
    《ON 6. THEY NEVER STATED A DATE WHEN IT WAS ASSIGNED》
    6. The Claimants statement of case states that the account was assigned from Capital One to Cabot financial on[Date]. The Defendant does not recall receiving notice of this assignment.

    7. It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

    8: On the 10/02/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors. I requested the Claimant provide copies of the Agreement and Notice of Assignment.

    9. Mortimer Clarke has not sent any of these documents to me.

    10. On the 13/02/2016 I sent a formal request for a copy of the original agreement to Cabot Financial pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory 1 fee.

    11. The Claimant has failed to comply with s 78 (1)Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

    12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

    13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

    14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

    15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

    16. It is denied that the Claimant is entitled to the relief as claimed or at all.

    Statement of Truth

    The Defendant believes that the facts stated in this Defence are true.

    《ALSO SHOULD I ADD ABOUT IT BEING SB》



    Signed

    Dated ..................................................
    Last edited by pel007; 30th March 2016, 07:53:AM.

    Leave a comment:


  • nemesis45
    replied
    Re: cabot county court claim statue barred

    Originally posted by pel007 View Post
    Will have a look. Got no idea what im doing though.
    Regarding the deadline day. When do you think that would be as the issue date was 5th feb
    Don't worry pel we can go through you do need to understand what everything in your defence means otherwise you could be caught on the hop later.

    nem

    Leave a comment:


  • pel007
    replied
    Re: cabot county court claim statue barred

    Will have a look. Got no idea what im doing though.
    Regarding the deadline day. When do you think that would be as the issue date was 5th feb

    Leave a comment:


  • nemesis45
    replied
    Re: cabot county court claim statue barred

    Originally posted by pel007 View Post
    Hi nem, so i have to do defence then.
    Do i still have time to. Issue date was 5th feb. They agreed extension which i emailed to court and phoned to confirm they had received. That extension would probably be running out about now then.
    How do i do my defence? Thanks.
    Take a look at some other threads with defences so you get an idea of content and format, then see green " short cuts box " above for sample defence.

    Make a draft post it here and we can go through it with you.

    nem

    Leave a comment:

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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.




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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.
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