Cabot debt 2001

[Naxxas]

Hi guys,

 

Long story short,

 

wife has a debt from 2001, hasn't paid anything since 2004.

 

Cabot recently took us to court we cca'd them, they dropped the case and we heard nothing.

 

Until now,

the case was dropped in December,

they sent a CCA today that looks legit,

it has her old signature on it, she's now married ofc.

 

Do I now reply with the statute barred defence?

 

Any advice would be good.

[citizenB]

Indeed, if no payments have been made since 2004, then this is definitely statute barred.

 

 

If you are having to respond to a claim and submit a defence, then simply use the defence below.

 

 

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.

 

 

If you are just responding to a communication, then you would just need to send the letter linked below to Cabot Head / Registered office.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred-**Update-21st-April-2014**

[Guest]

dropped how, discontinued?

did you not use the bar defence re that recent case, have they started another claim?

do you have a related thread on this?

[Naxxas]

I defended the case as statute barred and cca'd them as well.

 

They discontinued and the claim was dropped from the county court.

 

I just want to pre empt another court claim.

[i hate bailiffs]

 

I just want to pre empt another court claim.

That would cost them money and defence is solid

 

Let them waste their money if they like

[citizenB]

I defended the case as statute barred and cca'd them as well.

 

They discontinued and the claim was dropped from the county court.

 

I just want to pre empt another court claim.

 

If you used the statute barred defence already, I doubt that they will issue another claim, even if they have managed to find the documents ! Finding them doesn't mean they can simply pick up where they left off. Statute barred is statute barred !