Cabot/BarclayCard County Court Business Centre***Claim Discontinued***

[claire250482]

Hello All,

 

Today I have received a claim form from CCBC.

 

 

Here is the fun part...

 

 

It is from a credit card I had in 2000.

 

 

Long story short,

I lost my job, got in a pickle and ended up (stupidly) going to a "get debt free within 5 years" company.

 

 

The company then left me in a big pickle after telling me they wont be able to get me debt free within 5 years (3 months before the 5 years were up)

 

 

The last payment they will have had from me would have been around Nov 2008 - Feb 2009.

 

 

I checked my credit history on Experian in August last year and this isn't showing?

 

 

Any ideas?

 

Do I reply? Will this risk sending things back to square one?

[AndyOrch]

Hi Claire and welcome to CAG

 

You must deal with the claim form or you will get a CCJ.

 

Read the following ...posting your responses here...and we will advise further.

 

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

 

Regards

 

Andy

[claire250482]

Name of the Claimant: Cabot Financial Limited

Date of issue – 27/02/15.

Date of issue 27/02/15 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/03/15 + 14 days to submit defence = 31/03/15 (33 days in total) -

 

What is the claim for

 

 

– By an agreement between Barclycard and the defendant on or around 11/08/2000(the agreement)

Barclaycard agreed to issue the defendant with a credit card upon the terms and conditions set out therein.

In breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated.

The agreement was assigned to the claimant.

THE CLAIMANT THEREFORE CLAIMS 566.63.

 

What is the value of the claim? £566.63 PLUS COSTS £696.63

Is the claim for a current account (overdrafticon) or credit/loan account or mobile phone account? Creditcard

When did you enter into the original agreement before or after 2007? WELL BEFORE 2007!! They state 2000

 

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. Debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Yes and entered into an agreement with DCMApex Debt Counsellors and Management in 08/02/04 who set up get me debt free within 5 years.

Did you receive a Default Notice from the original creditor? Yes back in 2004 I will dig out the original letter if required

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes but ignored due to the history

Why did you cease payments? Due to debt company not fulfilling their agreement of getting me debt free within 5 years

What was the date of your last payment? According to a letter I received from Cabot back in March 2010 the last payment was in April 2007

Was there a dispute with the original creditor that remains unresolved? Yes, the debt company issue

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? Yes via the debt management company

It's late and my brain is turning to mush so will look at the next steps tomorrow - Thank you for your help

[citizenB]

If the last payment was in 2007 then you might be able to use the Statute Barred defence.

 

 

 

Your timeline is ...

 

Issue date 27.02.2015 + 5 days for service =03.03.2015 + 14 days to acknowledge = 17.03.2015 + 14 days to submit defence = 31.03.2015.

 

You Must acknowledge the claim by the 17th March else they will obtain a Default judgment.

[citizenB]

 

The last payment they will have had from me would have been around Nov 2008 - Feb 2009.

 

 

 

What was the date of your last payment? According to a letter I received from Cabot back in March 2010 the last payment was in April 2007

 

You do need to be absolutely certain of this last payment date ?

[AndyOrch]

And any acknowledgment.

[claire250482]

Afternoon,

 

Thank you for your advice so far. I have been digging back through all the information I have (thankfully I kept it) and I have found a few bits of conflicting information re the amount and dates.

 

I have found a breakdown of transactions which I requested in 2009. The other is a letter from Cabot which states that they have not received a payment since April 2007?

 

I am going to try and look back through old bank statements but if I can't find the right one, which information do I use?

[dx100uk]

cabot letter seems fine to me!!

 

 

statute barred then.

 

 

if you are confident it is

 

 

then you can file the SB defence now

and you don't really need to CCA or CPR them

 

 

dx

 

 

 

 

dx

[claire250482]

Hello,

 

Thank you for your advice. How do I word my SB defence? I'm not sure if I am being thick and there is a template on here? But my mind is blank

 

Thank you again

[dx100uk]

The following defence is all you need if it is SB

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.

.

Regards

nicked from Andyorch

[claire250482]

Hello All,

 

I thought a little update was required...

 

I did what was advised (thank you for your help!!)

 

 

On 02/04/15 I received a reply from Mortimer Clarke Solicitors.

 

 

In short Cabot are saying I made a payment on 10/07/09.

 

 

I called straight away asking for Cabot to present proof of this.

 

 

I also confirmed to the Solicitor that I hold a substantial back catalogue of statements/history, including unused paying in slips etc.

I explained that any payments I did do were via card only so that they were tracable.

 

I received a confirmation letter on 13/04/15 that they have requested proof of this payment in Aug 09

and that while they await further instruction the matter is on hold.

 

I have since heard nothing... Do I call and chase?

 

 

Do I question why I was forced within a time constrain to reply

 

 

yet now I'm left hanging whilst their client searches for apparent proof??

[dx100uk]

let them wriggle

 

 

its not a good idea to go ringing these people

unless you record the calls.

as you'll have no paper trail of what was actually said

if they ever went to court

 

 

dx

[claire250482]

Hello All,

Just when I thought Cabot had crawled back under the rock from which they came they are back...

 

I have received a letter from Mortimer Clarke Solicitors completely ignoring the fact that I have asked them to send me proof that this is not statute barred

and are still asking me to pay!

 

 

Am I within my rights to reply explaining this is harassment?

 

Thank you for your help

[shamrocker]

Just ignore it. This will just be a tactic aimed at scaring you into paying up.

 

Is the claim stayed?

[martin2006]

What you really want from yhem is a notice of discontinuance and confirmation that as the account id SB they no longer have any legal right to chase you.

 

i would write back asking for them to prove it or push off or you will escalate it to the FCA, give them 7 days only, theyve had months to respond to your request and then escalate it.

[dx100uk]

as long as they don't threaten court they are entitled to ask for payment

as you are to ask them to go away.

 

 

ignore it

[dx100uk]

just to check something...

 

 

is this letter from Mortimer sols on behalf of their client mfs portfolio par chance?

[claire250482]

No, not MFS, it says at the bottom they are part of the Cabot Credit Management Group.

[dx100uk]

aha .....same thing cabot are mfs/marlin etc etc.

 

 

you are not alone in getting this exact letter.

 

 

its just a result of cabot buying up other debt companies

[claire250482]

Hello All,

A little update... Well... After just over a year... I received a letter... This lovely letter was from Mortimer Clarke Solicitors explaining that they have been instructed by their client to discontinue all proceedings!!

Happy Days!

[AndyOrch]

Excellent claire ...3rd one today...we are on a roll.

 

Well done and delighted that this has been resolved for you.

 

I will amend your thread title to reflect the outcome of the claim.

 

Regards

 

Andy

 

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[Guest]

...3rd one today...

 

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