Claim form Cabot- old cat 'debt'***Claim Discontinued***

[OldDebt_Weary]

Hi.

 

I have a number of old debts I have never been able to pay, and

a couple of these have been repeatedly passed around between debt collection companies

who have attempted to get payment from me, which I have never had.

 

today, one has sent me a CCJ claim for a debt that I had assumed was statute barred

and therefore unenforceable.

 

On the claim form, it states that the original agreement was "on or around 21/10/2007",

which by my reckoning is greater than 6 years.

 

Is this a case of a debt collection company trying it on,

in the knowledge that they are not really entitled to do so,

and hoping that I will simply go along with it and accept the claim?

 

To my knowledge, I have NEVER made contact with any of the various collection companies

who have tried to get payment from me, as I know of the implications of doing so.

 

should I enter a defence stating that the debt is too old to be enforced

or are there specific previous steps I should follow before doing that?

 

I would love to be able to pay off this old debt,

but I would like to know if these claimants really do have a right to issue this claim.

 

 

Any help would be greatly appreciated.

[dx100uk]

can you fill this out and reply here please

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(2-Viewing)-nbsp

[Ganymede]

Hi.

 

I have a number of old debts I have never been able to pay, and

a couple of these have been repeatedly passed around between debt collection companies

who have attempted to get payment from me, which I have never had.

 

today, one has sent me a CCJ claim for a debt that I had assumed was statute barred

and therefore unenforceable.

 

On the claim form, it states that the original agreement was "on or around 21/10/2007",

which by my reckoning is greater than 6 years.

 

Is this a case of a debt collection company trying it on,

in the knowledge that they are not really entitled to do so,

and hoping that I will simply go along with it and accept the claim?

 

To my knowledge, I have NEVER made contact with any of the various collection companies

who have tried to get payment from me, as I know of the implications of doing so.

 

should I enter a defence stating that the debt is too old to be enforced

or are there specific previous steps I should follow before doing that?

 

I would love to be able to pay off this old debt,

but I would like to know if these claimants really do have a right to issue this claim.

 

 

Any help would be greatly appreciated.

 

In most cases the date of your last payment is when the SB clock will run from, not the date of the agreement.

 

We'll know more once you having followed dx's link...

[OldDebt_Weary]

Thank you very much for your replies.

 

It looks like they do have a case

 

I dug out all the old statement information for the party concerned,

and discovered that I last made a payment on 16/10/2008, within the 6 year period - just.

This might explain why they have done this to me now, before the 6 years is up.

 

Added to this, I wrote a letter to the debt collection company at that time in March 2009,

saying that I was in no position to pay.

 

I guess all I can do here is to admit the claim and offer to pay a token payment of £1 a month.

 

I had a stroke last year and it is taking me a long time to re-habilitate myself back into work

(I am self-employed).

 

The debt in question consists largely of administration and credit fees,

which I guess the company would have been entitled to add.

The actual balance, for goods bought, is less than half the amount they are claiming.

 

If anyone can think of another angle I might take on this,

I would be very grateful to hear it.

Otherwise, I shall just go ahead with the defence and point out my medical condition,

which might make me paying a token amount more acceptable.

 

I realise that this is going to affect my credit rating,

but that's been lousy for years so it won't make much difference!

 

 

Thank you again for your help.

[dx100uk]

prob no need to do that.

 

can you fill out that link I sent please

 

we need to get you moving.

 

dx

[BRIGADIER2JCS]

Thank you very much for your replies.

 

It looks like they do have a case

 

I dug out all the old statement information for the party concerned,

and discovered that I last made a payment on 16/10/2008, within the 6 year period - just.

This might explain why they have done this to me now, before the 6 years is up.

 

Added to this, I wrote a letter to the debt collection company at that time in March 2009,

saying that I was in no position to pay.

 

I guess all I can do here is to admit the claim and offer to pay a token payment of £1 a month.

 

I had a stroke last year and it is taking me a long time to re-habilitate myself back into work

(I am self-employed).

 

The debt in question consists largely of administration and credit fees,

which I guess the company would have been entitled to add.

The actual balance, for goods bought, is less than half the amount they are claiming.

 

If anyone can think of another angle I might take on this,

I would be very grateful to hear it.

Otherwise, I shall just go ahead with the defence and point out my medical condition,

which might make me paying a token amount more acceptable.

 

I realise that this is going to affect my credit rating,

but that's been lousy for years so it won't make much difference!

 

 

Thank you again for your help.

 

 

Sorry to say the letter in 2009 will have restarted the clock anyway and it is now frozen due the claim being made.

From where does this debt originate?

[OldDebt_Weary]

Sorry to say the letter in 2009 will have restarted the clock anyway and it is now frozen due the claim being made.

From where does this debt originate?

 

 

 

These debts (there are now 2 because another CCJ turned up this morning) were with mail order companies, part of the JD Williams group, namely Simply Be and Fashion World.

 

 

It looks as if the same will apply to the latest arrival.

 

 

Thanks dx100,

I really don't think there is much point in completing the post details you provided,

unless there is some specific angle I can take.

 

Now I have found the relevant documentation, I don't see that I have a choice here.

 

Please can you tell me what may be possible instead of filing a defence as I posted about?

 

These are both agreements regulated by the CCA 1974.

If I had had any sense I should have queried this long ago (with a request for the details of the agreement),

when the latest in a long line of debt collection companies got hold of it.

 

So I have only myself to blame. I just didn't think they would ever do it.

[dx100uk]

please do as you've been asked.

 

just because 'you' have the paperwork

doesn't mean they will.

 

you need to have a read here

 

MOST of cat debt just like yours get discontinued.

 

these are speculative claimforms

hoping for a default non contested judgement

as soon as they are fronted

they normally run away.

 

details please

 

dx

[OldDebt_Weary]

Ok, point taken dx100uk, I will get the details together and post them. I appreciate the help.

[havinastella]

DX is correct. Although you may owe some money, we can help to ensure you only pay what you owe. In some cases the interest on the charges and the charges themselves wipe out the balance.

 

When did you take the Mail order debts out?

[OldDebt_Weary]

Here are the details you requested for the (now) 2 claims:

Cabot Financial (UK) Ltd.

 

Date of issue – 05/08/2014

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)

 

What is the claim for – the reason they have issued the claim? The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Simply Be dated on or about 21/10/2007 and assigned to the Claimant on 13/01/2012 in the sum of £339.86

What is the value of the claim? £339.86 + costs = £424.86

 

Is the claim for a current or credit/loan account or mobile phone account? No

 

When did you enter into the original agreement before or after 2007? During 2007

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It is a Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure if I received the Notice of Assignment but I have had letters from the Debt Collection Company

Did you receive a Default Notice from the original creditor? Yes I think so

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No I think I would have remembered if they had

 

Why did you cease payments:- Last payment made 16/10/2008

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? To my knowledge, I sent a letter in March 2009, stating my difficult financial position and saying that I could not make a payment arrangement.

Here are the details of the second claim:

Cabot Financial (UK) Ltd.

 

Date of issue – 06/08/2014

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)

 

What is the claim for – the reason they have issued the claim? The By an agreement between JD Williams T/A Fashion World (“FSHW”) & the Defendant dated 16/12/2007 (“The Agreement”) FSHW agreed to issue the Defendant with a credit account upon the terms & conditions set out therein. In breach of the Agreement the Defendant filed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the Claimant on 13/01/2012. The Claimant has complied with Sections III & IV of Practice Direction – Pre-Action Conduct. THE CLAIMANT THEREFORE CLAIMS 1. 378.18

What is the value of the claim? £378.18 + costs = £463.18

 

Is the claim for a current or credit/loan account or mobile phone account? No

 

When did you enter into the original agreement before or after 2007? During 2007

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It is a Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure if I received the Notice of Assignment but I have had letters from the Debt Collection Company

Did you receive a Default Notice from the original creditor? Yes I think so

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No I think I would have remembered if they had

 

Why did you cease payments:- Last payment made 16/10/2008

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? To my knowledge, I sent a letter in March 2009, stating my difficult financial position and saying that I could not make a payment arrangement.

It is interesting to note the difference in wording between the 2 claims. In BOTH cases, there were credit arrangements, not just the 2nd one.

I hope that this is all the information needed.

[OldDebt_Weary]

DX is correct. Although you may owe some money, we can help to ensure you only pay what you owe. In some cases the interest on the charges and the charges themselves wipe out the balance.

 

When did you take the Mail order debts out?

 

 

I've just posted details using the post template DX provided.

 

 

The balances on the statements after the last payments were made in 2008 were £168.63 and £195.90 respectively. Even in 2008, the greater part of these totals were charges. I will see if I can work out what the actual balance for goods would have been without all the charges.

[OldDebt_Weary]

Hi, I am not quite sure what I need to do next could someone offer some advice, I'd be very grateful.

 

 

Thanks

[havinastella]

Hi, I am not quite sure what I need to do next could someone offer some advice, I'd be very grateful.

 

 

Thanks

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**%281-Viewing%29-nbsp

 

Read the WHOLE thread.

 

In your CCA request, I would also add

 

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due. use these words in your request

 

I would also SAR the Original Creditor for both claims.

[dx100uk]

one sar is all that's needed

 

however

 

have you ack'd each claim via MCOL site yet?

 

dx

[OldDebt_Weary]

Thank you both. I think I understand what to do now, it's been a while since I had to deal with such things.. Sorry but what is MCOL?

[dx100uk]

on the claimform front cover MCOL

 

create a reg

then note the number given

 

then log in

 

select AOS

enter required details from claimform

 

defend all

exit mcol.

 

make sure you get the receipt

 

dx

 

 

dx

[OldDebt_Weary]

Thanks DX, I will get it done.

[OldDebt_Weary]

Before I commit myself to defending these claims, would that mean I could end up in court having to do so? That is not something I would care to do.

[Ganymede]

Before I commit myself to defending these claims, would that mean I could end up in court having to do so? That is not something I would care to do.

 

If the Claimant takes it all the way the yes you would have to defend the claim in Court.

 

No way to know what they will do however as none of us have a crystal ball.

[dx100uk]

you'll get a CCJ if you don't defend

 

who's to know they have and enforceable agreement?

 

just read in this forum the number of fleecers

that try it on hoping for a non contested default judgement

 

only to find it gets defended and they run away

 

dx

[OldDebt_Weary]

Thank you Ganymede. I know the clock is ticking and I need to make a decision. I really don't think I want to risk ending up in court over this, so I shall go back to my original plan and not contest it.

 

 

Thank you to everyone for your help

[Ganymede]

This is a small claim isn't it?

 

No harm in holding your nerve a bit longer to see what the Claimant does.

 

It's a game of chicken and they might crack first.

[OldDebt_Weary]

Sorry DX, I didn't see your post. I take your point entirely, and I know this particular debt collection company have been trying it on with me many times over several very old debts hoping to intimidate me into paying, when they knew full well they couldn't enforce it.

 

 

Having 2 CCJs around my neck for 7 years to come is not what I really want but like I said, I don't want to end up in court.

[OldDebt_Weary]

Thanks Ganymede yes it is from Northampton Court, it says "In the County Court Business Centre". You seem to be suggesting that the Claimant would withdraw the claim if I stand up to them. They've spent the money in making the Claim, wouldn't that be sufficient to make them want to take it to the end?