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


PossVox
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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 by PossVox
addition

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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NOA (allegedly)

 

MBNA001.jpg

Genuine or from Crapot?

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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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

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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! :D

 

PV

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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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:(

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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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 :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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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 by PossVox
p.s.

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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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 :D

 

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

 

JOgs

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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

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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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.

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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.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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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.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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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 :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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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!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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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 :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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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 :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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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.

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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 :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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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

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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 by PossVox

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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

 

Thanks

 

PV

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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