CCJ from Cabot but debt Statute barred?

[MR-B]

Re: CCJ from Cabot but debt Statute barred?

Thanks NWHC much appreciated il keep an eye on it thank you

[charitynjw]

Re: CCJ from Cabot but debt Statute barred?

It has not been made clear whether a suitable (acceptable) defense has been filed at court, although this has been mentioned several times on this thread.

The claim was issued !3/01/2016.

If a compliant defense has not gone to court, by my reckoning, Monday 15/02/2016 is the court deadline. (Close of business is 4pm, I think.)

An example defense can be found in the green box at the top of this thread; adapt as necessary.

[MR-B]

Re: CCJ from Cabot but debt Statute barred?

I had sent the defence letter which nemesis45 had given me earlier in the thread to do but edited to suit my case, i still havent recieved any letter of correspondence im unsure of my next step? Any advice is greatly appreciated thank you

[MR-B]

Re: CCJ from Cabot but debt Statute barred?

UPDATE

Hi everyone its been approx 10 months and today i got another letter from cabot financial, a letter basically saying that the debt wasnt statutory barred and saying that i had made a payment, i previously asked for evidence of this alleged payment but never got a response and the threatened ccj didnt go any further.

Today they have sent a letter asking my income and expenditure from 2012 and sent a expenditure to fill in, i think there is no evidence of this payment seen as iv asked for evidence previously but not recieved anything.

What do the legal beagles think?

Thanks in advance everyone.

[nemesis45]

Re: CCJ from Cabot but debt Statute barred?

UPDATE

Hi everyone its been approx 10 months and today i got another letter from cabot financial, a letter basically saying that the debt wasnt statutory barred and saying that i had made a payment, i previously asked for evidence of this alleged payment but never got a response and the threatened ccj didnt go any further.

Today they have sent a letter asking my income and expenditure from 2012 and sent a expenditure to fill in, i think there is no evidence of this payment seen as iv asked for evidence previously but not recieved anything.

What do the legal beagles think?

Thanks in advance everyone.

Without a proper explanation as to why the alleged debt is not statute barred I would not give them any information on I & E.

e.g,.

Date

Ref: Use Cabots.

Sir/Madam,

Re: Alleged Debt for £xxx.xx

I refer to your letter dated..............: requesting an I & E statement from me.

Please note I do not acknowledge any debt to Cabot and will not be providing any such information.

I am maintaining my stance that any such debt is statue barred under the provision of the Limitation Act 1980 and you are reminded that the onus of unequivocal proof that the alleged debt is not statute barred falls entirely on Cabot.

I have in the past requested proof of alleged payments but my request was ignored.

Unless unequivocal proof of alleged payments is provided I will not enter into any further correspondence.

Yours etc.

use signed for post.

nem

[MR-B]

Re: CCJ from Cabot but debt Statute barred?

Thats brilliant thanks nemesis45 il use it, they filed for a ccj at the beginning of the year and when i submitted my evidence of a statutory barred plea and them to supply me with any evidence they had i never heard anything, im assuming they have nothing as i was out of work and didnt have any money to pay them then or years before that i think there just trying there luck as if they had evidence i can imagine the CCJ would be enforceable?

Thanks again for any help

[Diana M]

Re: CCJ from Cabot but debt Statute barred?

i got another letter from cabot financial, a letter basically saying that the debt wasnt statutory barred and saying that i had made a payment, i previously asked for evidence of this alleged payment but never got a response and the threatened ccj didnt go any further.

You filed a Defence of Statute Barred to this claim on 18th January and you've heard nothing more from the court since then so I presume the claim has been stayed for eight months.

If Cabot are so sure the debt isn't SB then why haven't they continued with the legal proceedings (that's a rhetorical question )

I think you have no need to reply to their letter.

Did you ever send a CCA Request as suggested on this thread early on? And if so what response did you get?

Di

[nemesis45]

Re: CCJ from Cabot but debt Statute barred?

This is a typical Cabot trick they hope alleged debtors will fall for this I & E ploy and asking for historic I & E is ridiculous action needed.
nem

[MR-B]

Re: CCJ from Cabot but debt Statute barred?

Hi diana thank you for the advice, yes that is correct i filed my plea online and also asked them to assist me with any evidence they had amd never heard anything back from them until now, i requested it in february i will send nemesis45 template just to be safe, at least this time for sure il know if they have any evidence.

Thanks again for your help

:-)

[Diana M]

Re: CCJ from Cabot but debt Statute barred?

Did you send the CCA Request?

If not then why not do it now. That should shut them up

Also if it turns out it's not SB after all you may then have an alternative Defence (if you amend the original one).

Di

[MR-B]

Re: CCJ from Cabot but debt Statute barred?

Hi Di.

Youll have to forgive me im unsure as to what the CCA letter is? But il have a look and check when im home from work and see what iv sent and havent and if not il send one along with my response to the letter i recieved today.

Thanks again :-)