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Cabot are chasing a very old debt that I believe is statute barred. I have made a Subject Access Request to try and prove this but since I sent that I have received a letter from Mortimer Clarke threatening legal action . I have repeatedly asked for a copy of the original credit agreement and all they send is a loan application form with 3 signatures on, all of them different but supposed to be mine. They have told me I need to contact the original lender for the credit agreement. If it turns out not to be statute barred can they take me to court without the credit agreement?
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Re: Cabot Financial
Hi welcome to LB.Originally posted by Leedslass View Post
Some history please.
Who is the original creditor?
What type of account is this?
Send a CCA request to the original creditor, £1 statutory fee payable, use a cheque or postal order endorsed
" For Statutory Fee Only" the OC has 12 + 2 working days to comply.
It's odd Cabot refusing to comply with a CCA request did you send the £1 fee to them?
Can you post a redacted copy of the app form you have received please?
Were any " terms & conditions" supplied with this?
Statute Barred in England & Wales ( simple contract) 6 clear years with no payment or unequivocal written acknowledgment of the debt, the start of the limitation period varies with the type of debt.
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Re: Cabot Financial
Welcome aboard
The credit agreement wouldn't tell you whether it's SBd or not and the onus is on them to prove it's not SBd. It was a good idea to send the SAR to have all the statements, however, whilst you wait for I'd send Mortimer Clarke the SBd letter in response to their legal threat.Originally posted by Leedslass View Post
They can as you will have seen on numerous threads here, however, you can also defend the claim if they do take you to court.Originally posted by Leedslass View Post
Who did you send the CCA request to? Mortimer Clarke being a law firm wouldn't have a duty to respond but Cabot do have a duty to obtain it from the original lender. What was this debt originally for?Comment
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Re: Cabot Financial
As an afterthought how did MC/Cabot refer to the app form as a " reconstituted" agreement ?
nemComment
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Re: Cabot Financial
Hi thanks for replies.
It was a loan from Halifax and I did send the £1.00 fee to Cabot. They didn't mention a reconstituted agreement. I will dig out the app form and post it. No terms and conditions. I am not going to ask Halifax for agreement if it's Cabot's responsibility to provide it.Comment
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Re: Cabot Financial
Ok Leedslass,Originally posted by Leedslass View Post
Do you know when the loan account was defaulted?
nemComment
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Re: Cabot Financial
I think 2001. I was paying £1 per month to some other debt company but not paid anything within last 6 years.Comment
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Re: Cabot Financial
It would appear that this debt is statute barred!Originally posted by Leedslass View Post
Do you recall a " Demand for immediate repayment in full" at anytime?
nemComment
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