Cabot financial vs BrightonHove2016

[BrightonHove2016]

I logged in to the money claim online service to acknowledge the claim and to file a defense, but I was a little flustered and submitted my defence without thinking it through. I was hoping there is a way to edit the defence, or submit further information to the court.

I feel like such an idiot, I simply put that the claimant hasn't sent me a signed copy of the credit agreement, rather than putting in all the facts about it being statute barred

I am 90% sure that this is over six years old, but I will be writing to the solicitor to request further information.

Please help.

Thank you!!!

[BrightonHove2016]

Re: Cabot financial vs BrightonHove2016

I logged in to the money claim online service to acknowledge the claim and to file a defense, but I was a little flustered and submitted my defence without thinking it through. I was hoping there is a way to edit the defence, or submit further information to the court.

I feel like such an idiot, I simply put that the claimant hasn't sent me a signed copy of the credit agreement, rather than putting in all the facts about it being statute barred

I am 90% sure that this is over six years old, but I will be writing to the solicitor to request further information.

Please help.

Thank you!!!

I've just checked on Experian. Cabot registered the debt on 10/01/2016, but the account was set up in 2004, and the last payment couldn't have been after 2008.

It's definitely stature barred? I filled in the money claim oblind as I previously mentioned but if I send the paper form to the court with a statute barred defence, will this supercede the online form?

If I show up to the court and state that the debt is statute barred on the date of the hearing will that be admissible? Will I require proof or will the burden of proof lie with Wright Hassell or Cabot?

[R0b]

Re: Cabot financial vs BrightonHove2016

hello, i've tagged [MENTION=55034]nemesis45[/MENTION] he will help you out when he is online.

[BrightonHove2016]

Re: Cabot financial vs BrightonHove2016

Thanks Rob.

One further question; is it correct for Cabot to register a default for such an old debt? Can I request that they remove this? Any help with the correct wording would be appreciated.

Thanks!

[R0b]

Re: Cabot financial vs BrightonHove2016

Nemesis will probably be the best person to answer, but they will register it as they will have purchased the debt probably without much paperwork so they are just trying their luck. If you really do think it is statute barred, then Nemesis will point you in the right direction. There is plenty of information on this forum, have a read in the meantime and will give you an flavour.

[charitynjw]

Re: Cabot financial vs BrightonHove2016

Was your defense statement supported by a statement of truth?

[nemesis45]

Re: Cabot financial vs BrightonHove2016

Thanks Rob.

One further question; is it correct for Cabot to register a default for such an old debt? Can I request that they remove this? Any help with the correct wording would be appreciated.

Thanks!

Good morning,

Cabot can only amend a credit file entry with its own data, i.e. its name and contact
details and update the status of the debt, the default date must remain the same as
the original creditors entry.
Note: Defaulted accounts are removed from credit files on the 6th anniversary of the
default date, this does Not always mean a debt is statute barred.
A debt purchaser can continue to report to credit ref agencies when a debt is purchased.

nem

[BrightonHove2016]

Re: Cabot financial vs BrightonHove2016

I just filled in the form online stating that I sent them a CCA letter and I didn't acknowledge the debt. It was such a long time ago that I didn't recall the account.

I then checked experian which led me to the conclusion that the alleged debt must be statute barred.

I emailed the solicitors, the claimant and the court with that information. Is email admissible?

- - - Updated - - -

Thanks for the reply

[Guest]

Re: Cabot financial vs BrightonHove2016

I've just checked on Experian. Cabot registered the debt on 10/01/2016, but the account was set up in 2004, and the last payment couldn't have been after 2008.

It's definitely stature barred? I filled in the money claim oblind as I previously mentioned but if I send the paper form to the court with a statute barred defence, will this supercede the online form?

If I show up to the court and state that the debt is statute barred on the date of the hearing will that be admissible? Will I require proof or will the burden of proof lie with Wright Hassell or Cabot?

You need to amend your defence rather than just sending a letter. Statute barred is the best defence and much more effective than saying they did not send you a copy of the signed agreement. There isn't even such a requirement; a reconstituted agreement can be sent in response to a CCA request. The burden of proof lies with the claimant to establish that the account is not statute barred.

You need permission from the claimant to amend your defence and you will need to make an application on form N244.

https://www.justice.gov.uk/courts/pr...l/rules/part17 deals with amendments.

At this point you should be dealing with this issue before worrying about your credit records, it would be a real shame if you ended up with a judgment for a debt that's already statute barred just because you submitted the wrong defence to start with, and no-one told you that you could have amended it.

[BrightonHove2016]

Re: Cabot financial vs BrightonHove2016

Thank you very much for that information.

I've looked at the N244 form that you have mentioned, it seems a little vague, is their specific terminology I should use or just state that I made a mistake on the online form? To whom should I submit the form?

Thank you!

[charitynjw]

Re: Cabot financial vs BrightonHove2016

Some guidance


Cpr Part 17

CPR 17 Practice Direction

[BrightonHove2016]

Re: Cabot financial vs BrightonHove2016

Thank you.

So I've read the guidance, I just wanted to ask whether I've understood it correctly;

So I, Print the N244 form, fill in the details etc, I understand that, but do I simply need to put in the application part exactly that I wish to change a previously submitted defence? Do I need to request a hearing on this form?

Then print the defence form I filled in from money claim online, strike through the incorrect defence in red, write the updated defence in red, then post this along with the N244 to the court.

Lastly, I've emailed Cabot stating that the alleged debt is statute barred. Are they likely to continue the claim with this knowledge? Obviously any judgement would be invalid right?

Sorry if I'm being a simpleton, I have no experience of the court system

Thanks

[Noah]

Re: Cabot financial vs BrightonHove2016

No
If a judgement is entered it would then be up to you to try and get it set aside and that is not a certainty
There are 1000's of default judgements entered every year and some of those will be 'invalid' because the debt is Statute barred or there is no agreement etc

I do not know if there is a fee with the form you are filling in but if you are on a low income you can apply for fee remission

[BrightonHove2016]

Re: Cabot financial vs BrightonHove2016

Thanks Noah,

I understand there may be a fee, it's the process for submitting the N244 that I'm unsure of.

As I've submitted a defence, is a default judgement still possible?

[Noah]

Re: Cabot financial vs BrightonHove2016

Not a default judgement as there is now a process to go through but I think the problem is that you may not be allowed to enter new evidence without the claimants permission.

Hopefully someone with actual court experience will be along

How much is the claim for?