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


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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?

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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

We could do with some help from you.

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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

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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.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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 ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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And any acknowledgment.

We could do with some help from you.

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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?

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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

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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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

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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  • 1 month later...

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??

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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

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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  • 6 months later...

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

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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.

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

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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

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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just to check something...

 

 

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

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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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

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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  • 4 months later...

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

 

Please consider making a donation in view of your result.:wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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