Quick review, received a court claim from Cabot claiming £21,000 plus for a loan I am sure I received a statement showing zero balance. As this was before 2008, not sure I have all the old statements but will be looking for these. I sent a defence form back online to say I disputed the full amount. Timeline below:
First letter - xx/9/2015 - from Cabot solicitors - Wright Hassall - about this matter threatening court etc.
Claim form - xx/10/2015 - County Court Claim Form from Cabot - the gist of this is:
Debts... CCA 1974 agreements. The Claimant is the Assignee of the following debts, notice of the assignment having been given to the Defendant in writing etc.
Court response to my defence, acknowledged and served on sols - xx/10/2105
Second letter - xx/10/2015 - from Cabot themselves and because this is the most confusing part, they say:
Thank your for your letter (SAR sent to them)
We notice your change of name and have updated our records - the change of name was 5 and half years ago
Unfortunately we have not been able to provide you with the requested information in the relevant time period. We shall continue to request the information...
Your credit agreement is currently unenforceable which means we are not permitted to obtain a judgment or decree against you in Court etc.
Third letter - xx/12/2015 - from Cabot solicitors - Wright Hassall - they dispute defence etc. go on to say that they have a payment on record of £1xx.xx They state that the debt was assigned in 2008, I have no record of this.
Fourth letter - xx/1/2016 - from Cabot solicitors - Wright Hassall + Directions Questionnaire for Fast Track and Multi-Track filled in and Draft Directions
Notice of Transfer of Proceedings to my local court - xx/1/2016
Notice of Allocation to Fast Track - xx/1/2016 and court date in February, and the wording below.
There will be a case management conference on xx February ....
Phew, sorry it's such a long note but wanted to get everything down and xxd out the dates. I have a couple of questions.
1. If the credit agreement is unenforceable, in their words, why are they pursuing this?
2. What happens if they don't supply the documents in the time stipulated as the judge has ordered?
3. As they say the debt was assigned in 2008, isn't this statute barred under the Limitations Act 1980?
4. What do I need to do for the case management hearing? Very worried about this.
Any help very gratefully accepted.