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Cabot/Mortimer claimform 2002 argos card 'debt'


The Hobbit
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I am in need of some advice if anyone can help

 

I have received a Claim form about a debt from 2002.

 

 

I took an argos card out and had difficulty paying.

 

I just ignored letters at first as I was not in any financial position to pay ( probably not the best idea)

 

 

I have made no payments or contact with anyone about this debt for at the very least 6 years.

 

 

I even checked with Experian and my credit history was clean.

 

 

I just thought it went away so when i was in a position to pay didn't contact them.

 

Yesterday I received a Claim form from the County court and I am not sure what to do.

 

It states

 

By an agreement between argos card services Ltd (ARG) & the defendant on or around 19/06/2002 (the agreement)

ARG 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 minimum payments due

& the agreement was terminated.

 

 

The agreement was assigned to the claimant there fore claims £xxxx.

 

I have read about this statue barred but not sure if this applies now because of the Court Claim.

 

Any help and advise how to deal with this would be a great help

 

Thanks

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Hi,

 

You can use the Statute Barred status as a defence to the claim, you must log onto MCOL and say that you wish to defend in full.

 

You do not have to give any reasons as to why, that is for a later date but their are set dates to do this by.

 

To help everyone, can you answer the questions and then copy and paste into this forum the following please...

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

 

Statute Barred is from the last written acknowledgement of the debt or when the account became due, due to non-payment (which is mainly one calender month after your last payment).

 

I have also asked admin to move this thread to the legal forum.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Thanks Stigman that's really helpful, I appreciate you taking the time to reply to my post

 

I have followed the link and answered the questions below - can you let me know if this changes anything

 

Name of the Claimant - CABOT FINANCIAL (UK) LIMITED

 

Date of issue – 2nd March 2015

 

Date of issue 3rd April

 

What is the claim for – By an agreement between Argos card services Ltd (ARG) & the defendant on or around 19/06/2002 (the agreement)

ARG 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 minimum payments due

& the agreement was terminated. The agreement was assigned to the claimant therefore claims £771.75

 

What is the value of the claim? 901.75 with court costs £60 and solicitors fees £70

 

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

 

When did you enter into the original agreement before or after 2007? before 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. - Debt Purchaser

 

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

 

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

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

 

Why did you cease payments? 2006 or before

 

What was the date of your last payment? not sure but over 6/7 years ago at least

 

Was there a dispute with the original creditor that remains unresolved? yes i still owe the money

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No

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I have logged on to defend the claim and it is asking me :

 

Please state your defence in a maximum of 122 lines, it won't let me pass the page. Do you know what I need to add in this box?

 

Thanks again

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Type in:

 

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

 

2. The Claimant 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.

 

 

Thats the default SB defence, Edit it, and You should be ok to go.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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