Cabot Say Debt Not Statute Barred: What Do I Do Next???**WON**

[PossVox]

1. have you had a copy of the agreement?

 

No. Sent CCA request in September. Last letter from Crapot was November stating that they haven't found it and my account on hold.

 

2. have you had a letter before action?

 

No. Account was in dispute (as I stated it was stat barred and they said not) and the week after they put the claim into Northampton.

 

3. earlier capquest was mentioned, what was/is their invovement?

 

Capquest are NOT involved, never have been.

 

4. have you had a notice of assignment from both the original creditor and cabot and capquest, if they were involved?

 

Received an NOA--THE DAY AFTER the date on Crapot's court claim-- allegedly from MBNA but looks like Crapot wrote it. No NOA from Crapot ever!

 

5. what date does the alledged account date from roughly?

 

Card would have been taken out around 1997/98. Notice of default is dated October 2000 on my credit report from 2004. Not on my file at all now.

 

I was advised not to "poke the sleeping bear" when it all went quiet in September last... hindsight is a wonderful thing!

 

Thanks

 

PV

Edited April 14, 2009 by PossVox
addition

[PossVox]

NOA (allegedly)

 

Genuine or from Crapot?

[havinastella]

DEAR OH DEAR,

 

They Issued Court papers against you on the 11th September, but the NOA is dated 16th

 

So, although it is Stat barred and although they have no CCA, that didn't even own the debt when they issued proceedings.

 

I think a counterclaim is in order here CCM.

 

Jogs

[PossVox]

Hi HAS!

 

Thanks for looking in.

 

Missed one of CCM's questions:

 

You should now be getting an AQ to fill in, have you got this? if so what date must you file it by?

 

Clerk of The Court told me on the phone today that a DJ will look at the file from Northampton and decide on whether to proceed with a hearing, stay the claim or dismiss it. So, no AQ yet.

 

I'd love to counter claim and kick these muppets where it hurts!

 

PV

[creditcardmug]

Some of us on here like to "poke the bear", its good sport:D

 

Standby

[creditcardmug]

You have everything going for you here as havinastella says, you could have filed a killer defence, but too late now,,,no matter, you need to wait for the judges order, but not too long, phone again early next week, if still no go, consider the N244 to have their claim struck out.

 

PS at one point tonight i got confused with yours and a couple of other cases, and started doing a defence, which would have been stunning, pity we cant use it:(

[PossVox]

Hi,

 

The clerk at the CC said to call back on Friday to see if a decision has been made by the DJ.

 

I'll let you know.

 

Thanks for all your help with this and to HAS too.

 

PV

[havinastella]

Thanks Poss,

 

Still a long way to go with this if the judge decides to proceed with this case.

 

In a sick twist I hope he does

 

 

JOgs

[PossVox]

Haha!

 

I know what you mean but....

 

I think I will have a reasonable defence if he does?

 

Standby.

 

PV

 

p.s. The original default in 2000 was for £3k and they're claiming almost £8k... what would a DJ think about that?

Edited April 14, 2009 by PossVox
p.s.

[havinastella]

Haha!

 

I know what you mean but....

 

I think I will have a reasonable defence if he does?

 

Standby.

 

PV

 

p.s. The original default in 2001 was for £3k and they're claiming almost £8k... what would a DJ think about that?

 

Well I know of Three defences already

 

Just remeber the wasted costs order if the judge quashes the claim.

 

JOgs

[PossVox]

Thanks!

 

Please stick with me on this, I'm out of my depth here!

 

I'll post up as soon as the DJ has let be known his decision.

 

Really appreciate this.

 

PV

[ODC]

The so called Notice of Assignment was not properly served in accordance with S 136 of the Law of Property Act 1925

[Rhia]

If this goes to court properly (and the Judge doesn't throw it out when he reviews it) use the CPR rules to get a copy of the sales agreement between MBNA and Cabot as this may well throw up some interesting info.

 

We're all with you. For now we await the Judge's decision.

[DonkeyB]

I'm sure I've seen one of those MBNA NoAs before, in another thread, quite a while ago. I seem to remember it was thought by CAGgers to probably genuinely be from MBNA, but it also appeared to have been created after the event at the behest of the DCA to back their claim.

 

I'll have a rootle around the forum and see if I can find the thread, just in case there's something we can learn from this tactic.

[DonkeyB]

Here we are.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/173093-letter-cabot-re-cca.html

 

Have a look at post 10. Interesting!

[DonkeyB]

Also have a look at this. Relevant bits start at the top.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/109301-ruthbridge-ltd-7.html

 

This is with a different DCA. Post 124 is interesting.

[PossVox]

Hi DonkeyB,

 

Thanks for the links, very interesting reading.

 

I'm tempted to phone mbna this afternoon and see what they have to say.

 

All this stuff is doing my head in!

 

PV

[DonkeyB]

PossVox, that's exactly what the DCAs are trying to do with you. Just think of all the poor s*ds who aren't CAG aware and are taken in by falsified documents and threats that can't be substantiated. This is a war!

[PossVox]

Yes it's WAR alright!

 

I tell everyone I know about CAG, it's helped quite a few of my friends out of sticky situations.

 

It's just the waiting that really gets to me...feel fine when I'm firing letters off etc.

 

I've won a couple of battles, Red/Lowells last year (stat barred/no cca), and a cabot one 3 weeks ago (stat barred/no cca). Guess I got a little complacent!

 

PV

[PossVox]

Hi again!

 

Been going through my files and I have a letter from crapot, dated mid-november 2008, stating that they can't find the cca and that "your account will remain on hold until further notice".

 

Surely they are acknowledging that the account is in dispute and therefore cannot proceed with any collection activities, never mind court action!?

 

I've also checked my old credit report from 2004 and the Kings Hill No.1 default was October 2000, not 2001 as I thought, that's over 8 years ago! As I said before, it's not on my file anymore.

 

I wish I could show the DJ this info before he makes a decision!

 

PV

[Rhia]

Yes the letter is proof they have no CCA and as the account should be on hold they are being vexatious and are guilty of harrassment by starting this action.

I would also send a letter to the OFT outlining your problem - even though it is not yet resolved.

Is the solicitor Hodson's or the newly reborn Hodson's AKA Morgans. This bunch of pseudo lawyers need to get a grip.

[PossVox]

Hi Rhia,

 

just what I thought. The vexatious action will no doubt form part of my defence?

 

It was Hodson's who wrote to me. I sent the CPR request/CCa request/Stat Barred letters to both crapot and hodson's to no avail.

 

Thanks for all your help so far,

 

PV

[havinastella]

Hi again!

 

Been going through my files and I have a letter from crapot, dated mid-november 2008, stating that they can't find the cca and that "your account will remain on hold until further notice".

 

Surely they are acknowledging that the account is in dispute and therefore cannot proceed with any collection activities, never mind court action!?

 

I've also checked my old credit report from 2004 and the Kings Hill No.1 default was October 2000, not 2001 as I thought, that's over 8 years ago! As I said before, it's not on my file anymore.

 

I wish I could show the DJ this info before he makes a decision!

 

PV

 

 

So

 

Cabot have been trashing your creit record for 7 years before owning the debt.

 

You need to PM Paul(PT) You have exactly the same agrument as UK26, well even more so as they are still reporting yours and the debt is stat barred.

 

 

jogs

[PossVox]

The default disappeared sometime in 2006, I had to open a current account because the basic account (which I was forced to have due to bad credit) was being phased out.

 

I passed the credit check, got offered a massive overdraft and a 3.5k limit on a credit card!

 

I said NO THANKS, just the account will be fine!

 

So they haven't been trashing it consistently.

 

This is my argument about stat barred status--IF i HAD mad a payment in May 2004 then the default would have kept running until May NEXT year but it's NO LONGER THERE!!! So, I can't have made a payment can I?

 

PV

Edited April 14, 2009 by PossVox

[PossVox]

Does anyone please have an outline for a letter of complaint to the OFT as Rhia suggested?

 

Thanks

 

PV