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Hi.
Im being taken to court by Cabot Financial uk/ weightmans solicitors for a debt of 2100 pounds. The loan was originally taken in 2004. So i KNOW 1000000000% that it is statute barred and have sent the relevant letter ( limitations act) stating as such. This was sent special delivery and was recieved and signed for the very next day. I have had NO REPLY from cabot or weightmans regarding this. So i then sent a CCA request, again special next day delivery and again was recieved and signed for the very next day.And the time limit has expired on this request by 12 days now. Once again i heard NOTHING.
Until Friday.
I had completed court forms and stayed in contact with Northampton county court. And was told that Thursday was the last day for them to proceed to court with this. And at the very last moment weightmans decide to proceed to court.
On Friday i recieved court paperwork to say that i must complete documents to move to a court closer to me and/or mediation. I have no problem with either as i know i have not made a payment or acknowledged in writing this debt since 2007.
Also i recieved a letter from weightmans stating that as i last made a payment on June 6th 2011, the statute barred period was invalid.
I know i shouldnt have called but i was so angry i called them and demanded to know why they are concocting a statement when i know i have most definitely NOT made a payment to an alleged debt that they cannot even proove belongs to me in the first place.
Now i dont know where i stand. I have requested a credit agreement, statement of account, deed of assignment and paid the £1 postal order for it. The time limit to supply these has passed. I am able to obtain bank statements dating back 6 yrs to show no payment has been made to these chancers who claim to have owned the debt since 2009.
My credit report will also (im assuming here) show no payments to cabot within 6 yrs.
Do i just proceed to court as expected and use both statute barred AND non compliance with CCA request as defence as i only stated statute barred on the original defence paperwork for court.
Have i missed anything or overlooked a change in the law that means im getting screwed.
Any help would be greatly appreciated
Barry
Im being taken to court by Cabot Financial uk/ weightmans solicitors for a debt of 2100 pounds. The loan was originally taken in 2004. So i KNOW 1000000000% that it is statute barred and have sent the relevant letter ( limitations act) stating as such. This was sent special delivery and was recieved and signed for the very next day. I have had NO REPLY from cabot or weightmans regarding this. So i then sent a CCA request, again special next day delivery and again was recieved and signed for the very next day.And the time limit has expired on this request by 12 days now. Once again i heard NOTHING.
Until Friday.
I had completed court forms and stayed in contact with Northampton county court. And was told that Thursday was the last day for them to proceed to court with this. And at the very last moment weightmans decide to proceed to court.
On Friday i recieved court paperwork to say that i must complete documents to move to a court closer to me and/or mediation. I have no problem with either as i know i have not made a payment or acknowledged in writing this debt since 2007.
Also i recieved a letter from weightmans stating that as i last made a payment on June 6th 2011, the statute barred period was invalid.
I know i shouldnt have called but i was so angry i called them and demanded to know why they are concocting a statement when i know i have most definitely NOT made a payment to an alleged debt that they cannot even proove belongs to me in the first place.
Now i dont know where i stand. I have requested a credit agreement, statement of account, deed of assignment and paid the £1 postal order for it. The time limit to supply these has passed. I am able to obtain bank statements dating back 6 yrs to show no payment has been made to these chancers who claim to have owned the debt since 2009.
My credit report will also (im assuming here) show no payments to cabot within 6 yrs.
Do i just proceed to court as expected and use both statute barred AND non compliance with CCA request as defence as i only stated statute barred on the original defence paperwork for court.
Have i missed anything or overlooked a change in the law that means im getting screwed.
Any help would be greatly appreciated
Barry
