Cabot/marlin/restons -argos card claimform

[Poppay2]

Hi Everyone

 

Back again as Caboot are back.

 

They appointed Marrlin who wrote to me asking for payment in full on a debt that I believe to be Statute Barred.

Last contact from Arrgos Card Svces was in 2006 when they sent a notice of assigment.

 

Payments continued to Moorcroft, unfortunately I cannot find the paperwork regarding this issue, it may be in attic. which I will need to access later today.

 

I received letter from Reestons yesterday, the letter was dated 7 days prior to me recieving it.

I have to contact them by next Tuesday, if I do not they submit a claim to the county court.

This now leaves me less than 5 days to deal with this issue.

 

Do I advise Reestons that I believe this debt is statute barred? Or that that I dispute the debt? or should i ask them to provide a CCA?

 

I have asked a debt collector in past to provide a CCA which they could not do.

 

I beleive I should now send a SAR to ARrgoos card svcs, is that correct?

 

I think that I should also ask Caboot to provide a CCA? is that correct?

 

 

As this is such an old issue I am not sure where to start with it, and as I have very little time to respond really need to know what to send to REsstons. Whatever i need to send will have to be sent Monday at the latest.

 

Poppay

[renegadeimp]

If they havent replied to a cca then they know its a bad debt. Thats why theyre threatening you

[Poppay2]

hi renegadeimp

 

thanks, yes I know.

However I havent asked this particular dca for a cca. as this has all happened in a couple of weeks time. I beleive they are relying on me not to reply to proceed with a ccj.

I am not entirely sure if this is just a threat by the solicitors or not, but i have a feeling that they will try to obtain a ccj.

[BRIGADIER2JCS]

hi renegadeimp

 

thanks, yes I know.

However I havent asked this particular dca for a cca. as this has all happened in a couple of weeks time. I beleive they are relying on me not to reply to proceed with a ccj.

I am not entirely sure if this is just a threat by the solicitors or not, but i have a feeling that they will try to obtain a ccj.

 

 

 

I note you say payments were made to Moorcroft, when did these cease.

 

 

For a debt to become statute barred in England & Wales the cannot have been any payments for 6 clear years and no unequivocal written acknowledgment of the debt.

[Poppay2]

Unfortunately I cannot recall when the last payment was made to moorcroft. I am still attempting to find more documentation.

I did have contact with cabot in 2006 from what I can gather it was regarding payments, as I have a note on the letter from Cabot to continue with the arrangement with Moorcroft. that letter is dated in late 2006.

 

I will be accessing my loft later to see if I can find any more documents.

 

If I cannot state whent he last payment was and therefore am not sure that it is statute barred, how should I proceed?

[BRIGADIER2JCS]

Unfortunately I cannot recall when the last payment was made to moorcroft. I am still attempting to find more documentation.

I did have contact with cabot in 2006 from what I can gather it was regarding payments, as I have a note on the letter from Cabot to continue with the arrangement with Moorcroft. that letter is dated in late 2006.

 

I will be accessing my loft later to see if I can find any more documents.

 

 

 

 

If I cannot state whent he last payment was and therefore am not sure that it is statute barred, how should I proceed?

 

 

If we can get close to that last payment it will certainly help.

How late in 2006 is the Cabot letter dated?

[Poppay2]

8th december

[Poppay2]

I have just searched my bank statements online and it appears that the last payment made was on 6/4/2009, therefore I was wrong it is not statute barred yet.

 

how should i now proceed?

 

do i request A cccA from REstoons or from Caboot?

 

although no DCA has been able to supply a ccca to date.

 

do I also send a SAR to Arggoos?

[Poppay2]

at present my main concern is what to say to Resttoons, as I only have until Tuesday

[renegadeimp]

Why do you only have till tuesday? Ignore their silly timelines. Theyre chasing me on 2 debts that are well statute barred by at least 5 years and 1 that isnt. Ive had 4 letters for the non sb one that states i have 7 days to reply. I just send them a prove it letter and they send the 7 day one back.

[BRIGADIER2JCS]

I have just searched my bank statements online and it appears that the last payment made was on 6/4/2009, therefore I was wrong it is not statute barred yet.

 

how should i now proceed?

 

do i request A cccA from REstoons or from Caboot?

CCA to Restons.

Yes CCA to Restons.

 

A SAR to Argos maybe worthwhile.

[Poppay2]

thanks Brigadier

 

was concerned as was not sure what to do first and didnt fancy the whole court thing again.

 

I will get the CCA request off to Restons asap.

 

I will also send an SAR to Argos

 

I will keep you updated as to how this goes.

 

Poppay

[Poppay2]

Hi All Restons replied and the main gist of their letter is as follows: I will upload Restons reply later today as they have returned my request and also stated that a there is no longer an agreement as this terminated when I defaulted on the loan. they refer me to the Judgment of His Honour Judge Simon Brown QC in Rankine v American Express Services Europe Limited. they have not said what their next move is though. should I CCA cabot now? regards Poppay

[renegadeimp]

Anyone chasing you should hold a valid CCA or reconstituted CCA in order to chase you.

[Poppay2]

just wondering if I should send Restons a dispute letter?

[BRIGADIER2JCS]

Hi All Restons replied and the main gist of their letter is as follows: I will upload Restons reply later today as they have returned my request and also stated that a there is no longer an agreement as this terminated when I defaulted on the loan. they refer me to the Judgment of His Honour Judge Simon Brown QC in Rankine v American Express Services Europe Limited. they have not said what their next move is though. should I CCA cabot now? regards Poppay

That judgement never made sense imo.

 

 

If anyone is chasing a debt there should be an agreement allowing them so to do.

This was a CC account not alone as Restons state.

 

 

Try a CCA to Argos.

[Poppay2]

Hi Brigadier I am assuming that they are trying to scare me with so called legal 'precedents'. Thank you for pointing out that it is a credit card, or to be precise a store card. which amounts to the same thing. Should I reply with a dispute letter? I have a feeling that they are just itching to begin court proceedings. As Marlin have sent a letter threatening legal action on the Aqua issue, the date on the that letter is Monday which is the date I sent the cca request to them for this issue. It feels as though they cannot wait to send that one on to Restons also. It all feels as though its going through on a conveyor belt system Poppay

[Poppay2]

apologies, have not been able to upload the letter as lost internet connection at home. is a dispute letter in order in this instance to REstons?

[Poppay2]

should I also point out that the case they refer is in reference to a loan and not a credit card/store card

[Poppay2]

hi

 

have my internet connection back, just in time too, as I have just recieved a claim form from the county court business centre in Northampton.

 

restons were indeed on a direct course for the courts, despite the request for a cca.

 

do i need to ask CAbot for a cca as they are the client?

I have requested CCAs for this from other debt collectors, even Moorcroft and none were able to supply one.

 

How should I proceed with county court claim? should I say that I dispute the claim? say that no dca has been able to provide a cca? say that I wrote and requested a cca from Restons?

 

I will get cca request and SAR off to ARgos asap.

 

Poppay

[Poppay2]

the Particulars of the claim are:

 

The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendants(s) and Arg Card Services Ltd dated on or about 03/01/2002 and assigned to the Claimant on 20/11/2006 in the sum of £1123.04

 

PARTICULARS: A/c no: *************(**

 

DATE ITEM VALUE

01/07/2014 Default Balance £1123.04

Post Refrl Cr NIL

 

TOTAL:- 1123.04

 

Typed verbatim.

I dont think the default balance is right as they are using the this July for the total at default.

there is no other information undedr the PARTICULARS OF CLAIM. Nothing about documentation or anything else.

 

Poppay

[renegadeimp]

Cabot likely have no knowledge of the debt or have the paperwork, let alone the correct amount. They seem to be doing lowells trick of using court as a debt collection method, hoping you dont know your rights and keep your head down so they can get the CCJ.

[Poppay2]

I totally agree with you. No DCA has been able to provide any paperwork and now they have crazy solicitors Pestons raising court claims left right and center.

[renegadeimp]

Because theyre chancing their luck and hoping to get a CCJ by default. Thats how these companies operate. Even if they cannot enforce the CCJ, theyll still try and get one purely out of spite.

[Poppay2]

How wonderful to be harangued out of spite !! I guess to them I am nothing but a number and a probable cash cow. However, they do seem a rather nasty bunch from what I am gleaning from posts on this site. despite hating having to deal with it, i certainly will not be just allow them to get a ccj by default. Unfortunately too busy at work to be able to focus on this, will have to take a day off late in the week and so that i can focus on what I need to do next, payday soon so I can get the SAR request off this week too.