I hope this is in the correct sub forum

Last week I sent a statute Barred letter to Restons Solicitors for an debt that falls under the statute Barred law for an alleged debt to Capital which seems to have been sold to Cabot Financial I did not sign this letter

I have recieved a county court claim from Northampton to which i have acnowleged for the same as well the day i sent this letter

A copy of the letter was also sent to Cabot

This morning i have received a reply from Restons more or less saying that i have sent them a "Draft" letter which purports to come from me which is unsigned and until i sign it to prove who i am they will not Acknowlege reciept nor provide any response!

Should I sign the letter and send it back ?

Can they ignore my Statute Barred Letter?

Ive read storied about DCA making false copies of documents with peoples signatures

Thanks in advance

can you fill this out please

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(2-Viewing)-nbsp

Appreciate that thank you

No answers there as to whether i should Sign the statute Barred Letter But will fill it out

Name of the Claimant ? Cabot Financial

Date of issue – 14-july-2017

What is the claim for –

1.The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and capital one

Dated on or about May 10 2013 and assisnged to the claimant on sept 30 2016

What is the value of the claim? 701.78

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card

When did you enter into the original agreement before or after 2007? After

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. cabot

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that i am aware of

Did you receive a Default Notice from the original creditor? Not that i am aware of

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that i am aware of

Why did you cease payments? 6 years at least

What was the date of your last payment? not sure will have to get backdated statments

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?NO

Appreciate that thank you

 

No answers there as to whether i should Sign the statute Barred Letter But will fill it out

forget the SB letter.

how do you know you've not paid in 6yrs please

because i remember one of my last purchases using the card and it was over 6 years ago

(Again i will have to go back at my old statments which ive not had time to do as ive only just received letter from Restons saying i should sign statute barred letter

My main question is about signing the letter

DO is sign it an send another or not?

If they have the paperwork to prove its not 6 years I will hold my hands up and admit the claim if not i will defend it

forget the SB letter.

go find that info that proves its SB'd please

then we can simply deal with this and it will kill the claim dead

don't do anything else without check here first

Id still like an answer to my initial question as well please

Does a statute Barred letter need to be signed?

Yes. However forget that for now please. You NEED to make 10000% sure the debt is SB. Cabot do NOT enforce legit debts. So it either has no paperwork or is SB.

Which one you use in your defence to the claim will completely depend on you finding out when the last date of payment was.

use the wrong one and they win.

ofcourse not else we'd not say print your name only on the template...

but it was a stupid idea to blindly send it anyway.

utterly pointless

I didn't print my Name I typed the letter using word

Ive just had a quick look thru and cannot find any paperwork or statements from Capital one

So ive no paper proof its an old debt

is it time for a Cpr request ?

Just call cap one using the account number that Cabot state. Simple as that.

Theres either no paperwork ( 99% of cabots accounts are like that) or its SB. You NEED to stop trying to challenge us about what to do and follow advice given.

Please dont think Im challenging anybody im not Im here for help after stupidly burying my head in the sand and i appreciate the help if it came acrross that way than i apologise

So if capital one dont recognise the account number it means no paperwork

am i OK to answer security questions they ask me or will that start the clock ticking again

its nowt to do with cap1 now they've sold the supposed debt on

you cant reset anything.

if they say go phone the fleecers DONT

If you think it may be SB then the dates they say the contract entered between defendant & cap1 must be wrong otherwise it can't be SB.

what Restons say is neither here nor there

as long as you enter your defence on time and if it is applicable use SB as the reason why their claim is resisted.

The date the debt became/becomes SB is not the date you last used the card

but the date that payment became due and you failed to pay thus breaching the conditions of the agreement.

So, if payment due on say 24th June and you failed to make payment then the default will be 24th July at earliest, a full payment cycle.

Now the date that the compnay marks the payment as defaulted is usually when they have given up trying to get a payment

often months later than that ( usual letters adding £5 admin fee etc and then finally formal default notice).

If your last payment dates can show thsi is more than 6 years ago you are home and dry and Restons can say nothing and your letter is immaterial

Good morning

I have just spoken to Capital one as advised above who have advised me that the account is now closed with them and that it is with Cabot who i need to contact

What now

Thanks in advance

you didn't want to know if its closed or not

you wanted the last payment date.

now go ring them again and state that under the Fraud and money laundering Act

as well as the the Data Protection Act they MUST LEGALLY HOLD DATA FOR 6yrs.

ask to speak to a supervisor if you have too

if they still play silly beggars tell them you wish a complaint number as you are now off to complain to the Information Commissioners Office

Many Thanks

Ive just rang them up and have been informed that the last payment was made on 17th Feb 2015for £80 so not Statued barred as i originally thought

Dont know what to do now please help im mortified

ok so back to treating it as a normal claim then

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

Many Thanks

Ive sorted the CCA request and will post it later this afternoon but i am Struggling to understand the Cpr 31:14 form

Particular the parts about what to delete if it has come from the CCBC

You can only request a copy of the Agreement and Notice of Assignment...as that is all they have referred to within their particulars ...so delete Default Notice /Termination Notice...as you claim is not more than 10K then you do not need to delete the paragraph " Although your claim is for a sum which is not more than £10,000.00......."

Andy

UPDATE

i have sent a CCA request to Cabot and sent CPR 31:14 to restons and im awaiting a response still

In the meantime ive received a letter this morning from cabot in relation to the statute barred letter i sent,

Cabot say it is 10th November 2010 that the last payment was made!

Therefore the account IS NOT Statute barred

Bearing in mind Capital one said Feb 2015 when i rang them!!

so what thats all about i have no idea as its a massive difference in dates

the letter states that i need to contact Restons to make payment

How long do i give for a reply to my 2 letters i sent please?

How long do i give for a reply to my 2 letters i sent please?

You wont get a reply ...start considering your defence now.

I've no idea what to say on my defence again

I was under the impression I was waiting for a reply to both my requests before i put my defence in as Cabot might not have the correct paperwork