CCJ Claim by Cabot through County Court Business Centre, Northampton

[nina1]

I have just received a claim form relating to a Capital One debt that was defaulted back in December 2010.
Back then I had an administration order for my debts and was sure later in the Admin order I asked the courts to add Capital one to my claim.
Only years later when I started getting chased by Cabot, I realised they had not been notified by the court that the Administration order was revoked in November 2011.

I then tried to get all the information from the court relating to my admin order and to my surprise Capital one was not on there list, I was adamant that I had added them on to this administration order.

However now I have this Claim form come through I have sent back the acknowledgment of service contesting this.
I've not had one of these before and don't really know what to do?
I'm not sure if its Statute Barred as not sure of last payment made...... please help..

[charitynjw]

Re: CCJ Claim by Cabot through County Court Business Centre, Northampton

Hi nina 1 & welcome to LB.

Where (country) do you live?
(I seem to be asking that question repeatedly....on other thread(s)....tonight!)

[nina1]

Re: CCJ Claim by Cabot through County Court Business Centre, Northampton

From Slough

[charitynjw]

Re: CCJ Claim by Cabot through County Court Business Centre, Northampton

So the Limitation period is 6 years from the date when the cause of action occurred.
This is usually after there has been 2 or 3 missed payments or so.
If defaulted in December 2010 it is certainly worth checking, as a Statute-barred defence is a complete defence.
You need to find some info.
If you don't have any historic bank records, you can ask the relevant bank to supply them; a modest fee is usually charged.
A SAR to the original creditor is a good idea.
http://legalbeagles.info/forums/show...ur-information
You also need to get info from the Claimants & their solicitors.
This will help - http://legalbeagles.info/forums/show...it-Court-Claim

& could you please post up the following
Received a claim?
Issue Date:
Amount approx:
Claimant:
Solicitor:
Original Creditor:
Particulars of Claim: Please type out in full excluding names/account numbers
Is the debt Statute Barred?
List any letters you have sent:
Any Other Info:

[nina1]

Re: CCJ Claim by Cabot through County Court Business Centre, Northampton

Hi charitynjw

Issue Date: 07/11/16
Amount approx: including fees £870
Claimant: Cabot Financial
Solicitor: Mortimer Clarke
Original Creditor: Capital One
Particulars of Claim: default 2010

Not sure what to do??
Shall I send CCA to creditor and what do I need to send to Solicitors? CPR?

[Stu]

Re: CCJ Claim by Cabot through County Court Business Centre, Northampton

Hi Nina, CCA of to creditor (Cabot?) with a postal order of £1 and write on it "Statutory purpose only" and send recorded delivery and keep hold of the receipt ...

CPR to the solicitors and no fee required ...

[nina1]

Re: CCJ Claim by Cabot through County Court Business Centre, Northampton

Thank you stu.... I just hope I get this sorted