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Cabot - statute barred now but wasn't when starting chasing.

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  • #16
    Yes, you will have to attend court if you make an application but you would have to do that anyway (or at least you should do) if Cabot proceeded with the claim at some stage in the future or risk having a judgment made against you in your absence. Another point to make is that if you have moved address, the court claim would be under your old address so if they did at some point decide to go ahead, all court correspondence would be sent without your knowledge that could result in a CCJ and you ultimately having to make an application to set it aside, unless you update your address which requires giving notice to Cabot and the court.

    In addition to the above, there's nothing stopping Cabot from selling that debt to another purchase who simply needs to change the name of the claimant in proceedings and then lift the stay to go ahead irrespective of whether or not you have not received all of the documentation. Again, this would require you to attend court or risk a judgment being made against you.

    If an application was made, I can't see how a judge would view this any other way than an abuse of process. Perhaps the judge may give Cabot some allowance and say that they have 7 days to produce the documents otherwise the claim will be struck out. They may or may not produce something to continue with the claim, but since you have knowledge that the creditor no longer holds any information pertaining to the agreement, it would be difficult for Cabot to prove or otherwise show how it re-produced the agreement without said information being available (other than through fraudulent means, I suppose).

    If you want to keep this on the low with the potential risks outlined above, then I suggest you make no contact with Cabot at all and do absolutely nothing and ignore everything they send by letter, email, text message or phone calls.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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