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Hi everyone, wonder if someone can give me some advice regarding an old capital one debt. I'll try and breakdown information for easy ready.
Capital one credit card:
Agreement signed in 2008
last payment made on account October 2010
agreement terminated January 2011
clients claim filed February 2016
please see attatchments of letters
4th Feb 2016 - Received claim form, from county court business centre, claimant Cabot financial uk ltd claiming for monies owed. Sent off my defence to to the court.
17th Feb 2016 - Sent request for CCA to solicitor dealing with claim.
23rd Feb 2016 - letter received from solicitor, explaining they have received my request and account will be put on hold until they receive a response from their client with the information requested (Cabot financial uk ltd)
7th March 2016 - Response from court, acknowledging my defence and that the claimant has 28 days if he wishes to proceed after receiving my defence otherwise claim will be stayed after this time.
18th March 2016 - Received letter from Cabot financial, stating following my request of CCA they do not have information on file, but have requested for the relevant details. It also mentioned credit agreement is currently unenforceable but I'm still obliged to pay.
9th June 2017 - received letter from solicitors stating they have recovered my credit agreement and explaining my debt is not statute barred and in interest of costs invite me to put forward a offer of repayment.
I would just like to know, if they can still take me to court, I have not acknowledged any debt and despite them providing a copy of the agreement (which had payment protection, had no idea this box was ticked) wouldn't this debt now be statute barred as the six years deadline would of been January 2017.
Would like to thank you all in advance for reading and welcome any advice.
Capital one credit card:
Agreement signed in 2008
last payment made on account October 2010
agreement terminated January 2011
clients claim filed February 2016
please see attatchments of letters
4th Feb 2016 - Received claim form, from county court business centre, claimant Cabot financial uk ltd claiming for monies owed. Sent off my defence to to the court.
17th Feb 2016 - Sent request for CCA to solicitor dealing with claim.
23rd Feb 2016 - letter received from solicitor, explaining they have received my request and account will be put on hold until they receive a response from their client with the information requested (Cabot financial uk ltd)
7th March 2016 - Response from court, acknowledging my defence and that the claimant has 28 days if he wishes to proceed after receiving my defence otherwise claim will be stayed after this time.
18th March 2016 - Received letter from Cabot financial, stating following my request of CCA they do not have information on file, but have requested for the relevant details. It also mentioned credit agreement is currently unenforceable but I'm still obliged to pay.
9th June 2017 - received letter from solicitors stating they have recovered my credit agreement and explaining my debt is not statute barred and in interest of costs invite me to put forward a offer of repayment.
I would just like to know, if they can still take me to court, I have not acknowledged any debt and despite them providing a copy of the agreement (which had payment protection, had no idea this box was ticked) wouldn't this debt now be statute barred as the six years deadline would of been January 2017.
Would like to thank you all in advance for reading and welcome any advice.
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