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About gemstar01

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  1. Ok Andy, thanks so much for your help on this. It's been appreciated!
  2. And is there anything I can do about that? As you said I cannot set it aside so I guess my powers are limited?
  3. Oh right, so because it hasn't been allocated a track (which I assume is after the questionnaire stage and would mean I would know about it), then it isn't even a claim so it's basically now null and void? Does this mean that with regards to this particular claim with this particular claim number, can they continue this process at any time or would they need to start a new claim?
  4. Hi Andy, So surely, if the court are obliged to tell me if a claim has been discontinued, which they haven't done so, then surely the claim is still active? In which case I should be doing something? Nobody has actually told me the court claim has now been stopped, which is why I feel as though I should be doing something. And if the claim is still active, then surely it's the claim that needs to be set aside? Thanks
  5. Hi, so a quick update on this one. I sent my statute barred defence off on 23rd September. The same day I sent off a statute barred letter to Cabot, and a CCA request. The following week my defence was acknowledged by the court and also the solicitors (Mortimer Clarke). Then, on the 15th October, I received a letter stating that due to them not having the information to comply with the CCA request, they would not be pursuing collection of the account. So, I guess the question is, what should I be doing now? Are the court (CCBC) obliged to inform me if a claim against me has been struck out or discontinued? I haven't had anything from the court since they sent me a letter stating they had received my defence and would be forwarding onto the claimant, and that was at the beginning of October. I also never got anything more from Mortimer Clarke. If I ring up the court, will they be able to tell me if the claim has been discontinued, and if I find out it hasn't (maybe stayed instead), do I need to be getting a set aside for this? Any help appreciated xx
  6. Ok thanks for your help andy. Is it ok if I post here when I get some response back?
  7. Thanks Andy. To clarify, I should write everything in your quote, including the sentence in pink? Just put the whole thing in the defence box in MCOL?
  8. I bumbled through after they repossessed in 2004 and made limited payments through DMP when I could. My mum then got cancer and died a while later, I lost the plot, moved house, and lost track of mostly everything. Years later they have slapped me with a claim form. I checked my papers and the most recent payment or acknowledgement I could find was a payment to the DMP on 1/9/2008. The OC then sold the debt to Cabot on 30/9/2008, but I don't think i ever made a payment to them.
  9. Hi Andy, No, anything to do with this fell off my credit file long ago.
  10. Hi all, On Saturday I received a claim form through from Northampton for an old loan with On:Line Finance which ultimately sold the debt to Cabot which are now chasing me through the courts. Below I have filled your form: ----------------------------------------------------------------- Name of the Claimant ? Cabot Financial UK Limited Date of issue – 17th September 2014 Timeline for defence - 19th October 2014 What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. The claim is for the balance of instalments due and unpaid under an agreement regulated by the Consumer Credit Act 1974 under which On Line Finance agreed to sell the defendant goods for a price payable by instalments ("the Agreement"). The Agreement was assigned to the claimant on 30/09/2008. PARTICULARS 1. Amount due and unpaid 8000 The claimant has complied with sections III and IV of Practice Direction - Pre-Action Conduct THE CLAIMANT THEREFORE CLAIMS: 1. Amount due and unpaid 8000 What is the value of the claim? 8600£ Is the claim for a current or credit/loan account or mobile phone account? Motorloan When did you enter into the original agreement before or after 2007? Before 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. The Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, October 2008, after I had last made a payment for the agreement Did you receive a Default Notice from the original creditor? Can't remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Was there a dispute with the original creditor that remains unresolved? Yes, regarding the repossession in 2004 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? I did enter a DMP yes, although my most recent payment to this was Sep 1st 2008. ----------------------------------------------------------------------- I am sending off today a CCA and CPR requests to Cabot and Mortimer. My question really is whether the debt should now be statute barred. I have checked and checked my paperwork and I cannot find any payments other than the payment on Sep 1st 2008, which was to a DMP (CCCS). Cabot sent me letters after this, explaining they bought the debt and they wanted payments, but, as far as I can tell, I never made a payment after Sep 2008. They have somehow traced me to my current address, years later. I'm not even sure i have ever directly communicated with Cabot. They cite on the particulars that they were assigned the agreement on 30/9/2008, but that doesn't make any difference in terms of SB if I haven't made a payment since 1/9/2008 right? I plan to defend on the basis the debt is statute barred, but any advice/help would be appreciated!
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