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County court claim (cabot/Morgan's) Barclaycard from 1994!!!!!!!!!!!!!!!!!!!!!


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Hi Guy's my hubby has recieved a claim form from northampton bulk centrefor an old debt. There is no other information provided like CCA, default notice etc, probably with it being so old!!

 

We want to defend this, obviously, and would appreciate any advice on what to do next.

 

It was issued on 30th July. 5 days for service, so thats 4th August. We want to submit an embarressed defence. Can any of you guy's help??

 

Thanks

 

Fedup

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When did you last pay or acknowledge this debt? If it is over 6 years ago they should not be bringing this action at all. You need to establish if it is Statute Barred and your defence will be very simple.

 

Cabot/Morgans have tried this one with a number of people on CAG that I know of and there must be many more not on CAG. The situation with a Statute Barred debt is that the debt still exists but all they can do is approach you requesting payment but they cannot enforce it (such as starting court action via Northampton).

 

This company really disgusts me the way it rides roughshod over consumer rights and plays fast and loose with the law. If this is indeed SB you then need to complain to the Office of Fair Trading about their fitness for a consumer credit licence; the Solicitor's Regulation society to complain about Piers Morgan the Morgan's solicitor and Glenn Crawford the Group CEO of Cabot (who is also a solicitor) and the Bar Council to complain about Willem Wellinghof their in house barrister. All of these are responsible for the legal approach within this company and they should be accountable for their actions.

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I do agree about complaining to The OFT, but there is an 'economy of scale', Barclaycard are 'bullet proof', can't be touched, if it was 'Joe Bloggs' providing credit and

he did wrong, his shirt would be ripped off his back and they would confiscate his Abacus, if similar breachs were carried out by the two companies.

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I'm not talking about Barclaycard as this has now been assigned. BC probably didn't take action because they knew it was an old debt - easier to keep their hands clean and offload it to a DCA. Nope I am talking about Cabot/Morgans who have the paperwork (if any) and have decided to aggressively pursue a debt which may (or may not as it hasn't been established) unenforceable and SB.

 

These people are not bullet proof and should be asked to account for their actions.

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There could be but it's not the agreement it's if you actually paid anything within the last six years or acknowledged in writing that you owed this debt.

 

With regard to an agreement Cabot/Morgans have to produce a good copy of the original in court and you must insist on this. If there's no original agreement (and I don't mean a reconstruct to satisfy a CCA request) then they have nothing to go on.

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