Cabot Financial (UK) Limited - Claim Form in the Civil National Business Centre

[$imonJ]

Hi, I'm new to all this and am seeking solid advise and steps I can take to action the below please...

To give you some background I went through a messy divorce about 8 years ago and ended up in financial ruin and in debt due to depression and no work for a few years.

To cut to the chase I defaulted on a loan agreement that was registered as default on my credit file over 7 and half years ago which dropped off my file after 6 years and point to note is no acknowledgement or any payments have been made at all.

Therefore, can I be sent a Claim Form in the Civil National Business Centre after 7 plus years and is this enforceable, if so, how should I prepare and proceed to defend myself, as I'm also struggling to understand the Particulars of Claim?

[Pezza54]

After 6 years, provided you haven't changed your address and not notified the creditor, and you haven't had any contact from the creditor in this period, the claim is statute barred.
You still must file a defence. Please read "Acknowledge Claim" under "SHORTCUTS" on the righthand side of this page

[$imonJ]

After 6 years, provided you haven't changed your address and not notified the creditor, and you haven't had any contact from the creditor in this period, the claim is statute barred.
You still must file a defence. Please read "Acknowledge Claim" under "SHORTCUTS" on the righthand side of this page

Thanks Pezza54 for that, just a question around the Particulars of Claim which I do not understand what is meant by the below when the default date was xx/xx/2017?

By agreement between XXXX and the Defendant on around xx/xx/2016 ('the Agreement') XXXX agreed to loan the Defendant monies. The Defendant did not pay the installments as they fell due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the4 Agreement but do seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a. from xx/xx/2021 until date of issue only, or such interest as the Courts think fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. £xxxx.xx 2. Interest of £xxxx.xx 3. Costs

[Pezza54]

The date of the default notice and the end of the expiry period referred to in the default notice is the critical date. If more than 6 years has passed since this date and you haven't acknowledged the debt or made any payments during this period, the claim should be statute barred.
Your defence should be based on Section 5 of the Limitations Act 1980.
Please read paragraph 7 in the "Example Defence" under "SHORTCUTS" on the righthand side of this page

[$imonJ]

The date of the default notice and the end of the expiry period referred to in the default notice is the critical date. If more than 6 years has passed since this date and you haven't acknowledged the debt or made any payments during this period, the claim should be statute barred.
Your defence should be based on Section 5 of the Limitations Act 1980.
Please read paragraph 7 in the "Example Defence" under "SHORTCUTS" on the righthand side of this page

noted, is the date of default notice the same as the default date that we are referring to and is the expiry period the 6 yrs from the default date?

[Pezza54]

No not 6 years. The expiry date is at the end of the few weeks given in the default notice to make payment

[$imonJ]

Hi, since filing my defence, I have received a letter from MCS stating it may take some time, especially if our client needs to go back to the original creditor for information and/or documentation to respond to my defence. In the meantime the matter has been placed on hold and no further action will be taken.

Further to this, I have received the N149 Notice of proposed allocation to the Small Claims Track and the N180 DQ.

My question here is what are my next steps and should I complete the N180 DQ as I need to submit asap.

Any help/ advise very much appreciated?

Thanks

[echat11]

Hi, since filing my defence, I have received a letter from MCS stating it may take some time, especially if our client needs to go back to the original creditor for information and/or documentation to respond to my defence. In the meantime the matter has been placed on hold and no further action will be taken.

Further to this, I have received the N149 Notice of proposed allocation to the Small Claims Track and the N180 DQ.

My question here is what are my next steps and should I complete the N180 DQ as I need to submit asap.

Any help/ advise very much appreciated?

Thanks

Fill in the DQ, you want Mediation but have yet to receive the requested documentation and you want a Hearing in person. Send a copy to the Court and a copy to the Creditors solicitors.
Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...uestionnaire//

[Pezza54]

Please read Practice Direction 26 Case Management - Preliminary Stage
In particular 26.5 (1)
When filing the directions questionnaire a party may make a written request for proceedings to be stayed. The claimant may be making their request to temporary stall proceedings when they file their directions questionnaire.
Until they do so, you should file your completed DQ