How long is a debt enforcable?

[tezviper]

Hi Guys,

 

I have just had a letter through this morning from Cabot Financial claiming that I owe £6000 from a barclays account.

 

I have not been a barclays customer for a good 10 years now.

 

I am not sure what exactly the debt is but am now a little worried about this. I may call them today but am reluctant to do this as I know what these sort of people are like on the phones.

 

Cqan anyone advise what my first steps should be please?

 

Many Thanks

 

TezViper

[silverfox1961]

Hi,

Rory is around his advice is usually spot on but I think statute barred.

 

fox

[rory32]

Your first step would be NOT to phone them.

 

Debts become statute barred if they haven't been acknowledged for 6 years. I would send them template M here via recorded delivery. Conduct all future communication in writing only.

[tezviper]

Hi Roty,

 

Many thanks for that, would you recommend a CCA request as well? or would it be best to wait and see what the outcome of this is?

 

Thanks again.

 

TezViper

[drob]

Hi Roty,

 

Many thanks for that, would you recommend a CCA request as well? or would it be best to wait and see what the outcome of this is?

 

Thanks again.

 

TezViper

 

Hi Tezviper ............... No real need for a CCA request at this point. Just send them the Stature Barred letter.

[rory32]

As drob says there is no need for the CCA request at this stage. You certainly don't want to waste a whole pound on these people unless you really have to

[tezviper]

Hi All,

 

This has kind of crept up on me again.

 

I split from my partner not long after original post and never thought twice about it, anyway I have been given a letter today which was sent to the old house which is basically court papers stating they are chasing the money.

 

I am basically wonder what I should do now.

 

Is it worth me sending a CCA or should I acknowledge the claim and fil defence as it being statute barred???

 

Any help appreciated and will definately be acting on it.

 

Many thanks

[silverfox1961]

I don't know enough about court cases but I think you have to acknowledge it and you will want to be defending in full. You should be able to acknowledge online at MCOL but make sure you do before the time runs out.

 

Just by my replying to this will bump it up again

 

fox

[tezviper]

Hi Silverfox,

 

Many thanks for the quick response. Am just unsure what to file my defense as and if it will need to go to court, wondering also if CCA request would help!

 

Hopefully someone can advise!

 

TezViper

[madasamuppet]

If your 100% its been over 6 years without written acknowldgement or payment then defense would be SB and as they have commenced legal proceedings then you can go down the CPR route to get docs from them. Somebody with more knowldged prob be along soon. Might help to post up their POC so someone can have a look over them. Is it geniune court papers they have sent. Scan what they have sent taking out personal details.

[silverfox1961]

Well as you said in your first post, this debt is 10 years old therefore it's statute barred under the Limitation Act. That's a complete defence in itself.

 

I'll keep an eye on this thread and if nobody with the knowledge answers, I'll alert one of the site team who could help.

[Dorabell]

bump:)

[tezviper]

Hi All,

 

AM planning on responding to the claim tomorrow.

 

POC is as follows ;

 

The Claimant is part of the Cabot financial group and has purchased the debt(s) scheduled below. Despite requests for payment the Defendant has failed to pay the sum of £5914.39 in rekation to the Defendant's Barclays Bank Plc BARCLAYS BANK ACCOUNT number ****** And the claimant claims: the sum of £6204.39 together with interest under section 69 of the county courts act 1984 ; and costs.

 

 

That is the exact wording, I have just noticed that the account number contains only 6 digits when I am sure it contained 8 but not sure if thats at all relevant.

 

I am going to dispute the whole claim and just wondered what sort of wording I should use if going to take statute barred route, would they then have to prove that it isn't statute barred?

 

I dont think they have given much infp either.#

 

Any advice welcome please

 

Thanks

 

TezViper

[tezviper]

Bump!

[B Nekket]

Your best option would be to write them about it if for anything else, not to come into contact with them directly. It helps you sort things out when they're not running circles around you with what you can and can't do.

[tezviper]

Hi All,

Does anyone have any suggestions on wording for my defence based on the info I have provided?

 

Many thanks

[tezviper]

Bump!

 

Any help please??

 

Many thanks

[silverfox1961]

HI,

I have no idea why you're not being picked up. I know nothing about court claims but i'll alert a mod for you.

[tezviper]

Hi Fox,

 

Many thanks, am hoping to respond to the claim as soon as and file a defence. Just unsure of the wording and how much detail to give.

 

Thanks again.

 

TexViper

[silverfox1961]

the first thing you need to do is acknowledge the claim and state thet you will be defending all of the claim. This then gives you time to file a defence. I don't know which cpr rules apply but if you have a read around you will be able to gewt some idea.

You will need to use the cpr to get everything the DCA will be using in their case against you.

Check out the Limitations Act as this will give you some idea on the Statute barred defence

[42man]

Hi Tez...and thanks Foxy for pointing me towards this....this is a shocker and when you fight this and win, then you MUST report them to the OFT...please try and stick to the timetables, get that defence in, please have a look at these here, as this will assist you GREATLY....

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/162456-help-statute-barred-debt.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/163506-county-court-claim-received.html

 

When they discontinue you can hit them for a wasted costs order !!!!

 

Please keep us posted....

[42man]

Dear sir/madam

 

I am in receipt of your court claim, which is evidently barred by the statute of limitations act.

 

For the record I will be setting this aside and claiming my costs in court, if you discontinue I will also apply to the court for a wasted costs order. I will be forwarding this unlawful claim to the Office Of Fair Trading also.

 

Yours sincerely

 

(print your name)

[tezviper]

Hi 42Man,

 

Many thanks for your help, aoplogies for the delay in resoponding, I have been without internet for a few days.

I have now filed my defence to the claim using some advice given in the thread you directed me too, many thanks for that.

 

Would you recommend I also send them the letter that you set out out? Or should I wait a little while?

 

Many thanks.

 

TezViper

[tezviper]

Hi all,

 

Rather randomly, I have just had a text on my phone from IQor!! telling my payment is due shortly??

 

I have ahad a look and this is a tactic that Cabot use!! Does that sound right?

 

Should they be doing that?

 

TezViper

[tezviper]

Hi all,

 

I have just checked with MCOL and it has been 30 days since I filed my defence against the claim.

 

Can anyone asdvise if that will now be closed or is it more than 28 days allowed from date of defense being filed.

 

Many Thanks

 

TezViper