Claim of Debt

[stevemLS]

Re: Claim of Debt

You are missing the point, they do not need to sow a direct relationship with you, the original creditor has sold your debt to the Claimant.

[Cliff]

Re: Claim of Debt

You are missing the point, they do not need to sow a direct relationship with you, the original creditor has sold your debt to the Claimant.

I am not missing the point, the debt can only be pursued by the original debtor within a 6 year period and thereafter if a DRA buys the debt they must provide proof of assignment and agreement.
A disputed debt or any debt cannot be claimed by a third party if there has not been an agreement set up or has entered into a payment plan.
As I have previously stated proof has to be provided by the DRA regardless!

[stevemLS]

Re: Claim of Debt

OK, you are not missing the point, plough your own sweet furrowl

[Amethyst]

Re: Claim of Debt

Hi,

Sorry for not getting back but works commits me all over the South of England and I can really do without this ridiculous claim.

As mentioned when I refer to their ownership they have brought a debt from the Halifax which dates back to 2008 and I have been told that it should be Statute Barred as the original disputed debt was never further pursued by the Halifax.
It has only been the beginning of this year Cabot suddenly appeared chasing a debt which I do not have with them and as I mentioned before, I asked for their proof of assignment and an agreement/contract between me and them.
This has never materialised and has subsequently been ignored.

Halifax have washed their hands of the original claim as it was a contentious dispute.

You have given me some information to work on to respond and can you please clarify if this just be in a letter form and who in particular should I aim this at the County Court.

Once again many thanks for your assistance.

Cliff

No it should be in a formal Witness Statement format. Double line spacing and page numbers in header or footer, preferably claim number too. You should be able to email it and put for the attention of the Court manager. Put a cover letter with it to be put before the Judge with regards to the application made on xxxxxx date xxxxxxxx by claimant xxxxxxxxxxxxxxxxxxxxx.


eg.



IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX

_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________

I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;

1. I make this witness statement in defence of the Claimant's application for xxxxxxxxxxxxxxxx and xxxxxxxxxxxxxxxxxxxxxxx .


2.

3.

4.

5.

6.


Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:

[Cliff]

Re: Claim of Debt

You had an account with Halifax, which was defaulted and SOLD to Cabot therefore Cabot has inherited the original agreement,
you would have received a " Notice of Assignment" from Halifax and / or Cabot stating the debt was sold/purchased inline with
the Law of Property Act 1925.

nem

Agreed this was disputed due to errors which were not agreed between myself and the Halifax and was defaulted as a result back in 2008.

I have never received any notice of assignment from the Halifax and it is not within the supporting evidence that Reston have put forward to the court!
What do you suggest based on the various posts so far?
Thanks Cliff

- - - Updated - - -

[QUOTE=Amethyst;594357]No it should be in a formal Witness Statement format. Double line spacing and page numbers in header or footer, preferably claim number too. You should be able to email it and put for the attention of the Court manager. Put a cover letter with it to be put before the Judge with regards to the application made on xxxxxx date xxxxxxxx by claimant xxxxxxxxxxxxxxxxxxxxx.


eg.



IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX

_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________

I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;

1. I make this witness statement in defence of the Claimant's application for xxxxxxxxxxxxxxxx and xxxxxxxxxxxxxxxxxxxxxxx .


2.

3.

4.

5.

6.


Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:

[Amethyst]

Re: Claim of Debt

And yes include in there about the debt being statute barred (if that is your contention ) and that you have not received any notice of assignment. Have you sent CCA requests etc or is this a current account dispute ? How much approx is it for ? ( just so you are aware of any costs risk)

Did you plead statute barring in your defence ?

If you have reclaimed PPI then it is going to be very difficult as the complaint may well be deemed as acknowlegment.

Was the PPI paid off the debt by Halifax or had they already sold it on and sent you the cheque ? ( so yes it is relevant )

It'd be easier to help with the POC, the Defence, the application and a bit more background info.

[Cliff]

Re: Claim of Debt

Thanks for your help Amethyst on this, I will put this together and submit to the court.

Much appreciated.

Cliff

[R0b]

Re: Claim of Debt

post deleted

[Cliff]

Re: Claim of Debt

And yes include in there about the debt being statute barred (if that is your contention ) and that you have not received any notice of assignment. Have you sent CCA requests etc or is this a current account dispute ? How much approx is it for ? ( just so you are aware of any costs riI am not sure what you mean by CCA requests, I assume it is a County Court Acknowledgement which I did at the time. My Defence was a firm denial of debt with Cabot based on never entering into any agreement with them.
The debt is claimed on a loan which was disputed based on a mis sold. The amount outstanding is £6000 approx
Did you plead statute barring in your defence ?ly suggested but should I
No, not at the time it has only been recently suggested. Should I enter this into my statement?

If you have reclaimed PPI then it is going to be very difficult as the complaint may well be deemed as acknowlegment.

Was the PPI paid off the debt by Halifax or had they already sold it on and sent you the cheque ? ( so yes it is relevant )
The PPI was for other various accounts held with the Halifax and has no relevance to this claim and no they had not sold it on.
It'd be easier to help with the POC, the Defence, the application and a bit more background info.

I can send you the summary page of their claim but not to sure how?

[Amethyst]

Re: Claim of Debt

admin@legalbeagles.info

CCA request - http://www.legalbeagles.info/forums/...y-of-Agreement

Guide to first steps on receipt of court claim for consumer credit debt - http://www.legalbeagles.info/forums/...it-Court-Claim


Mis-selling of a loan is a difficult argument - you've been through the complaint process with Halifax I presume and got nowhere? did you escalate your complaint to the Financial Ombudsman at all ?

The PPI issue - that it is for other accounts is good, it cannot affect the statute barred status of this claim then. If you have not paid or acknowledged the debt in over 6 years it will be statute barred.

I think we might need a bit of a re-group on this one Cliff, does seem we've got off on the wrong foot a bit. If you are emailing me the summary page of their claim, could you do a pic of your defence and their application to the court as well ? Let's suss out where things actually stand and see if theres something stronger you can do in your defence.