'you are the only one getting confused' - yes, I know, but that comment comes across quite harsh. The problem I have is that in the last year I had an accident and became disabled with a spinal injury, on lots of pain meds, so my brain can be quite foggy sometimes. I think I need an accountant to do the calculation working from the FOS Decision. I just did it using CISheet 101 which is compound interest, only to look at the Decision and it says 8% simple. Ah, but the 'alleged' debt is all PPI, and the reconstitution is far in excess of it.

The claimant on the court form is Cabot Financial (UK). It's very confusing. Either they purchased the debt or they didn't. AA xx Redoing my calculations on up to date PPI calculator.

Hi, I have been reading the Act on OPSI. ‘The Limitation Act 1980 (Extract) c. 58 Part 1: Time limit for actions for sums recoverable by statute. (1) An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued (ie, the last payment into the account). (2) Subsection (1) above shall not affect any action to which section 10 of this Act applies. 5. Time limit for actions founded on simple contract. An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.’ Creditors can only use the legal system to recover any money for up to 6 years after the last payment was made to the account. My partner has indeed been in contact with the FOS and Drydens Fairfax, not CAP1, when he requested circa £4,000 from them. His position was, and is, that there is no debt, as the amount that the creditor owes him for reconstructed PPI, charges and interest on the account is far more than the money they say he owes them. He received a holding reply and nothing since. He has not, during the last six years, ever written to the creditor acknowledging nor admitting that he owes the debt. AA xx He requested £4,000 from Drydens on the basis that if they said they 'owned the debt', they were liable to pay the £4K. Of course this would be a much larger sum now as it has been accruing.

Yes thank you. My partner has done the AOS for 33 days. I will do the CCA and CPR tomorrow. At least it's statute barred. AAxx

Name of the Claimant: Cabot Financial (UK) Date of issue: 15.09.2017 Date to submit Defence = 17.10.2017 Particulars of Claim 1.The Claimant’s claim is for the sum of £495.00 under an agreement regulated by the Consumer Credit Act 1974, between the Defendant and Capital One Account Number XXXXXXXX and assigned to the Claimant on (date given), notice of which has been provided to the Defendant. 2. The Defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment. 3. And the Claimant claims the sums of £493.00 together with costs. What is the value of the claim? £495.00 The claim is for: A Credit Card Original Agreement entered into: June 2007 Has the claim been issued by the original creditor? No The account was ‘purchased’ while it was in dispute with the original creditor over PPI. The Ombudsman found in favour of my partner. The original creditor refused to reconstruct the account properly in order to calculate the PPI and therefore never complied with the Ombudsman’s Decision. The account has remained in dispute ever since then. The account has been ‘purchased’ twice more by different debt purchasers. It is the latest Debt purchaser who has issued the claim. Were you aware the account had been assigned? No. My partner did not receive a Notice of Assignment. My partner informed each new debt purchaser of the Ombudsman’s Decision, and that the debt had been sold unlawfully while it was in dispute, resulting in each debt purchaser selling the debt on. Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No, none at all. Why did you cease payments? Because the Ombudsman found in my partner’s favour. The original creditor refused to comply with a total reconstruction of the account and repayment of the PPI charges, late interest charges, admin fees and other charges to the account that would not have occurred without the application of the PPI. What was the date of your last payment? End of August 2010. (I can provide the exact date.) Was there a dispute with the original creditor that remains unresolved? Yes, as above. The original creditor has to date not complied with the Ombudsman’s Judgment. Interest is therefore still accruing on the money that should have been returned to my partner’s account but was not. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No. (I will check this, but I am sure not.) In late 2015 my partner wrote to Drysdens, advising them of the positiing the sman's Decision and that informing them that the company who admitted to owning the debt was responsible for complying with the Ombudsman's Decision. He requested that the conditions of the Omb's Decision be complied with and awaited payment of close to £4,000 from them in this regard. After that, he had no communicid not hear from them from them until this past year. Thanks AA xx I'll update my calculations using the fos calculator - just in case. xx

Hello Everybody, This debt to Cap One became statute barred in August 2016. The Ombudsman's Decision was in my partner's favour and Cap One did not comply with it. The account was still in dispute while Cap One sold it to Cabot. My partner has now received an N1 claim form from Claimant Cabot, address for documents Drydens, claiming, 'a sum of money under an agreement between my partner and Cap One. Defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment. And the Claimant claims the sums of .... together with costs.' I will get my partner to return the Ack of Service. I would appreciate some guidance please. AA x

It read, Dear Sir Our Client: then my partner's name (so they got that wrong) Account no: Outstanding amount: Original Creditor: Cap One. There was no title, ah, yes, it did not say LBA.

Hi, Drydens sent a letter, attached as a PDF, with bits cut out. It arrived today. Thanks x Ltr 21.06.17 AA DF.pdf

I will do that. Thank you. AA x

Hi, Letter states, 'our instructions are to continue with collections activity in this case. Then says to contact their office by 19 June with income and expenditure information to discuss a repayment arrangement. Then states, 'If we do not hear from you we will issue a letter before action prior to the issue of a County Court Claim against you.' I know the debt was sold on and this is not Cap One. It is Cabot. But would that template letter I sent you deal with this? I thought it came from your site. If not, how do I knock this on the head please? AA

Hi there, You've got a good memory. Yes, it is. I found that template letter somewhere and I was going to send it to DDFF. The Ombudsman ordered that the PPI be refunded and that Cap One should reconstitute the account and send us a copy. While the debt was in dispute and under the Ombudsman for investigation, Cap One sold the debt to Cabot Financial (UK) Ltd. The reconstitution they did was inaccurate and they refused to amend it. I contacted the Ombudsman who was no help. Meanwhile the debt passed into 'statute barred'. So really, I would just like to send DDFF packing. And I would love your advice, as usual,

Hello Everybody, I trust you are all well. Here's a little ditty, Cap One's Ddff have written, chasing for a debt against someone I know (not me). The last payment was well over six years ago and is statute barred. Below is a template letter. Is this one of yours? [ template removed - dx]

awh, happy happy midlife crisis if

Woohoo! I sent your letter to O2 at Northampton. They told me that they had forwarded it to their Credit File Referrals Team, Credit File Referrals, Telefonica UK ltd, Arlington Business Centre, Millshaw Park Lane, Leeds, West Yorkshire, LS11 0NE. Within one week, without any communication from Arlington BC, the entry was deleted from my credit record which has gone up to 8 points off the top score. Another success for your team. Thank you, thank you, thank you. Mwah xxxxx

Hello again fkofilee, dx100uk and Martin2006, Thank you all for replying so quickly. Yes, the O2 amount was included in the BR. Sensible advice, fkofilee, but I want to get my credit score right back up and just this one account is stopping me. I may be applying for a new mortgage early next year and I don't want to leave anything to chance, so thank you, dx100uk - one letter winging its way to O2 in the post. I'll let you know the outcome. Thanks All, AvengingAngel