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hi there,

 

my partner recieved a CC form today from Cabot financial for a debt dating back to 1999 and 2000 (two catalgoues by the look of it)

 

it states in the POC:

 

The claimant claims payment of the overdue balances (set out below) which the defendant has failed to pay as required under contracts with the following particulars:

 

acc no: xxxxx and acc no: xxxxxxx between the defendants and Simply Be and Ambros Wilson date on or about 28/01/2000 and 16/09/1999 respectivley.

 

The contracts were assigned to the claimant on 26/06/2012 and 27/07/2011 respetively.

 

then goes on to give the figures.

 

my partner was under the impression that as she had had no correspondence with these guys or the original debtor since 2001 it would be statute barred?

 

 

is this corret? we have never spoken with cabot, or simply be or ambrose whoever they are... bit lost, would appreciate some advice please as to what to do, we cant pay that amount.. or anything anywhere near it.

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Hi Naxxas

 

If you are sure its statute barred then simply acknowledge the claim using MCOL and submit defend all and then submit the statute barred defence......that should be the end of the matter.

 

Regards

 

Andy

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1 The Claimant's claim was issued on (insert date).

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

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for the claimaints claim part is that the date of the form i just got? or the date of the original debt?

 

Yes date of the N1.

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so they have replied to my defence stating that they had a final payement in 2009 for the Simply Be, possibly as part of a payment plan under a previous debt management company.

 

bugger.

 

whats my next step? do i ask them to prove it? or simply admit defeat and offer a payment plan?

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have you sent off a CCA request for each account?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I would

 

you've already made a fo-par by declaring sb that was wrong.

 

for 1999 & 2000

those signed cca's will be very hard to find.

 

you need something to defend this with. now

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
I would

 

you've already made a fo-par by declaring sb that was wrong.

 

for 1999 & 2000

those signed cca's will be very hard to find.

 

you need something to defend this with. now

 

dx

 

so just the standard CCA request to the solicitors?what do I do about the defence already entered on MCOL?

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Who replied to the defence?

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theyre solicitors by letter today,

 

 

Restons I believe (may be wrong with memory)attaching a admission form (lol)

and asking me to admit the debt for my partner.

 

 

Whilst I can send a CCA form,

my defence submitted no longer holds water...

wondered what to do about that?

 

 

do I update MCOL with the CCA request?

 

 

and send a copy by letter to Restons?

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Restons standard reply to a statute barred defence...let them disclose the payment and stick with your defence.Get the requests off in the meantime.CCA requests are nothing to do with MCOL.

We could do with some help from you.

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do I reply to restons? asking them to disclose payment? or leave them well alone.do I even advise restons I am speaking with their client Cabot?

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do I reply to restons? No asking them to disclose payment? No or leave them well alone.Yes do I even advise restons I am speaking with their client Cabot?
No

 

:-D

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hah thanks made my day.

 

 

so im guessing whats going to happen is:

I CCA cabot,

they fumble around.

 

 

Restons apply to strike out my defence,

which is fine,

its crap anyway.

 

 

this costs them money.

assuming they get a CCJ in the meantime,

when cabot cannot provide a CCA I can have that CCJ set aside?

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no once judged it negates the no paperwork angle

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Nearly correct when Pestons apply for summary Judgment /strike out then you raise the matter of no agreement...but it wont get to that.

We could do with some help from you.

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I take it I will get paperwork for the summary judgement, at which time I pop up and say, err hang on, its not enforceable? and supply the court with a copy of the CCA documentation ive requested and letters Ive sent?

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so really im up against it? I need to CCA fast.once Cabot cant provide the paperwork, what then? I presume they can obtain a CCJ in the meantime while im waiting for the paperwork?it seems ive ballsed it up rather submitting the SB defence.

 

No you haven't...stop doubting your defence...as stated they send that response to every statute barred defence...always a mysterious payment made just in time.

We could do with some help from you.

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