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Hi folks, situation with MEIII/Cabot/Nolans..... Nolans have issued me with a Court Claim. I have then gone back to both Nolans and MEIII with a CCA Request - Nolans denied they received the £1 PO and they had CCTV footage to prove it but in response to the MEIII CCA request I received a response from Cabot...?? (Confused!) The letter stated they did not have the paperwork on file and accepted they had missed the 12 day deadline but it was going to take 40 days to get it from the original lender...The letter even stated a different sum owed.! My Last Date for Response to the court is Thursday this week. What would you guys suggest as a way forward? The amount claimed is for a loan I had entered with Yorkshire Bank 2002 Any advice greatly appreciated
Hi Everyone I am new to the group and I need some help with a problem, please. By way of background my husband & I ran into financial difficulty in 2008. We closed our business (which was failing due to the recession) and put our house up for sale as we couldn't afford to pay the mortgage on my husband's new salary working for someone else. Our family were homeless for over 4 months before finally being given a local authority house where we are still living at the moment. We have had some letters from debt collection agencies but due to me having depression & anxiety I buried my head in the sand and rightly or wrongly I ignored them. We left our previous property in June 2008 and whilst I have always resided here and I have tried to keep up with most of my creditors and make payment arrangements my husband has not always been here. He has had to take work wherever he could which was all over the country (due to this we separated for some time) and he hasn't had any contact at all with any creditors. By no contact I mean no phone contact, no contact by letter/post & he has not made any payments in more than 6 years. We are trying to get back on our feet and have started a different business which is going well, our children are doing well at college & school despite the troubles we have encountered as a family and we are now looking to get a mortgage and hand this house back to the council for another family to use that is in need, like we were. Everything was going ok. I have joined Equifax some time ago to get in control of my finances and my husband more recently joined and there was nothing at all on his. No CCJ's, No Defaults, Nothing. However last week he received a CCJ Form from Mortimer Clarke Solicitors on behalf of MEIII who apparently have bought an old overdraft debt from Yorkshire Bank which belonged to my husband. So far we have been online to moneyclaim.gov.uk and have responded saying that he intends to defend the claim in full. Am I right in thinking that if there is nothing on his credit file coupled with the fact that we know he has had no contact for 6 1/2 years the debt must be over 6 years old/statute barred. I need to know how to correspond with MEIII to request any paperwork they have i.e the original agreement, default notice, assignment & formal demand for the money relating to this overdraft. Also I need to know what to put on the defence section of the form. I have some info from here and other websites but I just need to check it is correct before I respond any further. Any help & advice will be greatly appreciated, Many thanks.