CCJ from Cabot but debt Statute barred?

[MR-B]

Hi everyone im new to the forum and have recently been having some trouble with mortimer clarke-cabot finiancial, i had a loan in 2007 through sainsburys after about 6 months been young and silly decide i wasnt paying the loan started ignoring letters calls etc moved out of my parents and hadnt heard anything for a long time, the debt disappeared off my credit file approx april last year 6 years after default, now mortimer clarke have been in touch threatening court action i replied via the usual channels saying i do not owe this money as the debt is statute barred etc using a template, they have today contacted me saying the debt is not statute barred and a payment was made on the 23.03.2012, i have looked over old bank statements and wasnt in work and have definately not made a payment, or ackowledged this debt.

I was just wondering what my next course of action is as iv been pointed towards this forum as MSE guys and girls told me you arw the people in the know.

Iv never ackowledged the debt and definately havent paid toward it myself,iv been in touch with my parents at there home address were the debt is registered and asked them to check and see if they made a payment however this will of been without my consent as i wasnt living there at the time.

Any help or advice is greatly appreciated.

Thanks
MR-B

[Nibbler]

Re: CCJ from Cabot but debt Statute barred?

I was just wondering what my next course of action is as iv been pointed towards this forum as MSE guys and girls told me you arw the people in the know.

Your thread there, assuming the same person, says that they have issued a court claim?

If so, what is the 'issue date' on the claim form? Have you acknowledged the claim saying you will be defending?

Is the letter saying you made a payment in 2012 in response to a defence, or just in response to some other letter you sent?

How much was the alleged payment for?

[MR-B]

Re: CCJ from Cabot but debt Statute barred?

Hi there the issue date was the 13th of january however i didnt get chance to reply till the 18th as i was away, i replied online via the money.gov website on the basis the debt was statute barred.

The letter i recieved today was in response to my defence stating the debt was statute barred saying a payment was made in 2012.

The alleged debt is £6023.34 including court costs.

Thankyou

[Nibbler]

Re: CCJ from Cabot but debt Statute barred?

OK, so you have actually entered a defence.

Procedure from that point onwards is not something I'm that au fait with, but others are.
[MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION]

[nemesis45]

Re: CCJ from Cabot but debt Statute barred?

Hi everyone im new to the forum and have recently been having some trouble with mortimer clarke-cabot finiancial, i had a loan in 2007 through sainsburys after about 6 months been young and silly decide i wasnt paying the loan started ignoring letters calls etc moved out of my parents and hadnt heard anything for a long time, the debt disappeared off my credit file approx april last year 6 years after default, now mortimer clarke have been in touch threatening court action i replied via the usual channels saying i do not owe this money as the debt is statute barred etc using a template, they have today contacted me saying the debt is not statute barred and a payment was made on the 23.03.2012, i have looked over old bank statements and wasnt in work and have definately not made a payment, or ackowledged this debt.

I was just wondering what my next course of action is as iv been pointed towards this forum as MSE guys and girls told me you arw the people in the know.

Iv never ackowledged the debt and definately havent paid toward it myself,iv been in touch with my parents at there home address were the debt is registered and asked them to check and see if they made a payment however this will of been without my consent as i wasnt living there at the time.

Any help or advice is greatly appreciated.

Thanks
MR-B

Hi, welcome to LB

This is no longer on credit files, but sadly that may not mean the debt is statute barred.

Have you ever made a request for the agreement for this loan? e.g. A CCA request under sect. 77/78 of the
Consumer Credit Act 1974 that incurs a fee of £1?

I think it will be necessary to put MC and their " client" Cabot to strict
proof of this alleged payment.

Mortimer Clark



date

Ref: Use the one on their letter:

Sir/ Madam,

I refer to your letter dated ........................, in which it is averred that an alleged debt for £xxx.xx arising from an account
with,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, now in the hands of your parent company Cabot which it seems has acquired this alleged
debt from the original creditor is not statute barred.
I am not aware of any notice that the alleged debt has been assigned to your client and refute any liability to them.

You will therefore within 7 days of the date hereon provide me with the following information.

1. The amount of the alleged payment.

2. The method of payment.

3, If the alleged payment was made by means of a cheque the name, sort code and account name.

4.If a credit or debit card payment is alleged I require the 16 Digit Card number and the 3 digit security number,
the name and sort code of the bank and the name on the card used.

5. If a bank transfer, Otc payment was made the name of the originating bank and the name of the individual who made the payment.

6. If a postal order was used I require the PO Number. the PO ID code of the issuing office, and the date encashed,

Your client must provide unequivocal proof that any such alleged payment was made by me personally, it is formally
stated that I have not authorised any 3rd party either and individual or company to make any payments on my behalf.

I am aware of the debt collection industries practise of alleging " mysterious " one off payments when a debt is stated to
be statute barred.

Yours etc.


use signed for post.
nem

[MR-B]

Re: CCJ from Cabot but debt Statute barred?

Thank you for the welcome and Thanks very much! Il print that off tommorow and send it no iv never done such a thing its crept up out the blue as i believed it was statute barred and just disappeared but now its back so im just doing my best to defend myself the best i can amd get the evidence i can together.

Thanks again :-)
MR-B

[nemesis45]

Re: CCJ from Cabot but debt Statute barred?

Thank you for the welcome and Thanks very much! Il print that off tommorow and send it no iv never done such a thing its crept up out the blue as i believed it was statute barred and just disappeared but now its back so im just doing my best to defend myself the best i can amd get the evidence i can together.

Thanks again :-)
MR-B

You are welcome Mr B Companies such as Cabot cannot be allowed to make such claims without
a robust challenge.

nem

[NWHC]

Re: CCJ from Cabot but debt Statute barred?

Just to clarify
You acknowledged the claim online and entered a defence saying SB is that correct?

At the same time have you sent a CCA request,

When exactly in 2007 was the loan taken out?

What did the claim form say, i.e did it refer to an assignment or a default notice and have you asked for a copy of these

I suggest these things in case they do manage to prove a payment , there have been cases on here I think where people have made payments and forgotten. Sometimes it has turned out that a doorstep collector appeared and someone made a payment without authority .
There are lots of ways of seeing them off

Its a shame you didn't get proper advice before sending your defence but that is spilt milk now

[MR-B]

Re: CCJ from Cabot but debt Statute barred?

Hi NWHC thats correct i replied online stating the debt was SB, i didnt know about the CCA as im new to the whole way in which they work weve never had debt collectors or enforcement agents come to our doors luckily, unfortunatley i dont have exact dates but as i remember it was october 2007 i took the loan out and think i defaulted approx 6 months later, hard to remember really iv just been looking for old paperwork etc, but to no avail but i will continue.

The claim form states an aggreement between me and sainsburys was taken out in october 2007 the installments were not paid on time and the agreement terminated, the aggrement was then asigned to the claiment so the claiment now requests i pay £6***.**

As far as i recall there has never been a payment made by myself in over 6-7 years and iv never asked anyone or instructed anyone to pay i left the property (my parents) and spent a lot of time travelling from 2008 onwards, and in 2012 when theyve claimed i had made a payment my bank statement shows nothing nor my parents and i knew i hadnt due to been made redundant early 2012.

Thanks again sorry i cant be more precise but i have very little documentation and reference to hand.

[charitynjw]

Re: CCJ from Cabot but debt Statute barred?

Cabot Financial (UK) Limited are part of the Cabot group of companies.
So are Mortimer Clarke Solicitors, courtesy of the new(ish) ABS (Alternative Business Structure) schemes.
They are Debt Purchasers, buying portfolios of debt for pence in the pound, then applying all sorts of (in my opinion) dubious methods to try & force payment out of the alleged debtor.

[MR-B]

Re: CCJ from Cabot but debt Statute barred?

Quick update...

Today recieved a letter after sending a letter requesting full details as guided by nemesis45 and recieved a letter back from mortimer clarke stating

"they will be contacting cabot financial for further details of the payment made on 23.03.2013 and get back to me"

"In the meantime the account as been placed on hold."

Il keep you guys posted as things progress thanks for the help so far

[MR-B]

Re: CCJ from Cabot but debt Statute barred?

Bump... anyone had a similar response in the past? The 7 days i asked them to send the info in has now passed im not sure what happens next

[charitynjw]

Re: CCJ from Cabot but debt Statute barred?

Quick update...

Today recieved a letter after sending a letter requesting full details as guided by nemesis45 and recieved a letter back from mortimer clarke stating

"they will be contacting cabot financial for further details of the payment made on 23.03.2013 and get back to me"

"In the meantime the account as been placed on hold."

Il keep you guys posted as things progress thanks for the help so far

Keep a close eye on the court timetable.

[MR-B]

Re: CCJ from Cabot but debt Statute barred?

Do you mean if iv submitted my defence and they dont get back to me within the agreed time limit then the courts will not further the case?

[NWHC]

Re: CCJ from Cabot but debt Statute barred?

Once you have submitted your defence , it will be sent to the claimant who will then have 28 days to respond. If they do not respond the claim will be stayed but that does not mean it is dead. They can apply to lift the stay at any time