Cabot/Drydens claimform - old Premier Man CAT 'debt'

[covers22]

Hi, I have been a member of CAG for years and have used your excellent advice to claim back bank charges back in the day. unfortunately i have an issue which needs a little more tailoring.

 

i have received a court claim dated 24th November from Drydensfairfax solicitors / Cabot Financial for a very old (July 2006) Premier Man account. If i remember correctly (need to dig out all the paperwork) but this was a small debt

 

I must admit i should have dealt with this many years ago but i guess i hoped it would go away if ignored.

 

i have kept all the paperwork but do not have a default notice or any correspondence from Premier Man of any intention to transfer the debt to a DCA.

 

The POC reads:-

 

The Claimants claim is for the sum of £16xx.xx under an agreement regulated by the consumer credit act 1974 between the defendant and Premier Man Account number Nxxxxxxx and assigned to the claimant on 13/01/2012, notice of which has been provided to the defendant

 

the defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment.

 

and the claimant claims the sums of £16xx.xx together with costs

 

i will be making a CCA and CPR 31.14 request tomorrow.

 

any advice you can offer would be welcomed and appreciated.

 

thanks in advance

 

C22

[AndyOrch]

What date did you last make payment/acknowledge covers22 ?

 

Regards

 

Andy

[covers22]

Hi Andy,

 

I have never made any payment to any DCA for this, I would need to check when I last made payment to premier man.

 

It's likely to be before 2008.

[citizenB]

If you could establish the last payment made, that would be very useful. Have you looked at your credit file, that might identify it for you.

[fkofilee]

Go straight to Noddle and also check Experian. They should have information. If it was Dec 2008 the last payment was made, then it would be Statute Barred. If it doesnt appear on your CRA then I would imagine its gone.

Watch out for phantom payments with Cabot... Known to always have one somewhere.

It seems that its the season to be merry... For the DCAs anyway thats 8 court claims ive heard off today reported on CAG! :/

[covers22]

There is no evidence that i can find and i have no recollection of ever paying any DCA anything for this account, therefore i can only assume my last payment was prior to 10th July 2009 (the default date on my credit file)

[AndyOrch]

How far back is prior to 10th July 2009 ?

 

"I have never made any payment to any DCA for this, I would need to check when I last made payment to premier man.It's likely to be before 2008."

[covers22]

i have looked through my 2008 bank statements and can't see any payments to premier man for this account so i say with some degree of confidence that i have not made any payments since 2007 at least.

[AndyOrch]

Excellent so that makes things far more simple...statute barred defence when you are ready...no need to wait for your submission date

[covers22]

thanks Andy,

 

i assume i go onto the moneyclaim.gov.uk site and respond with a defence disputing the whole amount? What would i enter into the defence?

 

also, on the off chance that i have made an erroneous payment to Cabot since 2007 and i have entered this defence what are the consequences? or should i attempt to obtain a statement from Cabot if one exists?

 

c22

[AndyOrch]

Do you think Cabot would provide that information and would it be truthful ?

 

 

Here is a form of limitation defence to a claim based upon a simple contract. There may be other grounds of defence in this particular case, but this defence alone will serve to defeat the claim assuming the facts stated in it are true.

 

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.

[covers22]

Thanks again Andy

 

i will deal with that tomorrow.

 

Best regards

 

Dean

[covers22]

Defence filed

 

c22

[AndyOrch]

[covers22]

Hi Andy

 

I haven't head a dickie bird since filing the defence, do i need to follow-up with anything on this or can i now assume its just gone away?

 

ta

 

dean

[AndyOrch]

Nothing for you to do covers...as the claim will be stayed...as it gone away...well more or less...lets say suspended...indefinitely.

 

Andy

[covers22]

Hi Andy

 

checked my credit file and Cabot are still updating my file every month with a default, how can i stop them doing this?

 

 

Account start date 24/07/2006

Opening balance £ 1,257

Repayment frequency Monthly

Date of default 10/07/2009

Default balance £ 1,257

[AndyOrch]

Should cease July 2015.....6 years.

 

Andy

[covers22]

I have received a reply from Cabot..

 

"Unfortunately Cabot has not been able to provide you with the requested information within the relevant time period"

 

"Your agreement is currently unenforceable, which means we are not permitted to obtain a judgment or decree against you in court,

 

 

However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore we would recommend you contact us as soon as possible to set up an repayment arrangement or continue with your existing payment plan"

 

I assume I can ignore this?

 

 

interestingly my balance on my credit file seems to have increased last month

can they do this or does it even matter?

 

regards

 

C22

[citizenB]

If the debt is statute barred, then that is the reason they will not be able to get a judgment or decree.. plonkers..

 

They will need to cease reporting on your file from August 2015 I would think.

[AndyOrch]

If the debt is statute barred, then that is the reason they will not be able to get a judgment or decree.. plonkers..

 

They will need to cease reporting on your file from August 2015 I would think.

 

Ditto....they can add as much as they like...they cant enforce it...but it will makes their accounts look good:madgrin:

 

Regards

 

Andy

[covers22]

Hi

 

I have had the attached response from Cabot, any idea where i stand with this?

 

Thanks

 

C22

[dx100uk]

so is your signature anywhere on these?

and that's not the issue anyway

 

 

you said its SB'd

they need to prove otherwise as well as find the signed agreement

 

 

what you have there is a std reply to a CCA response

created by their computer

which ofcourse doesn't even know they raised a speculative claim

that is defended by the SB defence.

 

 

 

 

 

dx

[covers22]

My signature is not on any of the documents they have provided.

 

do i just ignore this until they try to enforce?

[dx100uk]

bottom line yes

in way its not related to the claim

simply their std reply to a CCa request.

 

 

its the claimant next move you are awaiting

prove its not SB'd

or go try fleecing someone else

with your automated speculative court claim

hoping for a non defended default rubberstamped judgement.

 

 

dx