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Cabot/weightmans claimform - old Cap1 'debt' -statute barred debt***Claim Discontinued***


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Hi Everyone

 

Would really appreciate some help with this matter.

 

 

About a week ago I received a claim form from Northampton County Court originally dated 22 May 2015.

 

 

The reason I only received it now is because I have recently moved

and despite setting up a redirection service with Royal Mail,

this letter was delivered to my previous address.

 

The particulars of claim on the claim form are as follows:

 

1. The Defendant entered into a credit agreement by the original creditor as Capital One Bank (Europe) - credit card and having account number xxxx ("the account)

 

2. The Claimant, a UK Limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original owner of all rights previously enjoyed by the original creditor in respect of the account.

 

3. The defendant in indebted to the claimant is respect of the account in the sum of 1246.58

 

4. The Claimant claims the said sum of 1246.58, plus costs

 

The Claimant on however is down as Cabot Financial UK Limited and the solicitor I guess is Weightmans LLP

 

I have done the following:

 

1. Submitted acknowledgement of service on 25/06/2015

2. Submitted a request for extension to file a defence to the court due to the claim form being delivered to the wrong address on 29/06/2015

3. Sent a standard statute barred letter to Cabot Financial services via recorded delivery, cc'ing Weightmans on the 25/06/2015

4. Sent a standard CPR 31.14 letter to Weightmans, cc'ing Cabot on the 25/06/2015

 

To my knowledge, I have not made any payments or had any correspondence regarding this debt in at least the last 6 years although it could be closer to 10 years.

 

I received a letter back from Weightmans dated 29/06/2015 stating the following:

 

In response to your Civil Procedure Rules (CPR) 31.14 request, we advise you that this claim is likely to be allocated to the small claims track.

 

Under the CPR, for which we enclose a copy of Part 27 CPR for your perusal, you will note that CPR 31 does not apply to the smalls claims track. As such, should you proceed to make an application on the basis of CPR 31, we hereby put you on notice that we will defend such an application and will seek our costs of doing so at the hearing.

 

Please note that once directions have been provided by the Court to take the matter to trial, a deadline will then be provided for the partied to disclose all documents which they will seek to rely on at trail, which are likely to include some, in not all, of the documents listed above. You will therefore be in receipt of all documents relied upon in advance of any subsequent trial.

 

With regard to both your CPR 31 request and your argument that the debt is statute barred, should you with to defend this claim to trial you must fine a defence to proceedings, in accordance with CPR 15.2.

 

As you will be aware , the specified time for you to file you defence has expired. This said our client is willing to provide you with an extension of 14 days. Please ensure you notify the court of the same, in writing, in accordance with CPR 15.5

 

In the event that you fail to do so, our client could request a default judgement be entered against you pursuant to CPR 15.3 and CPR 12.3

 

Please note, in the event that you fail to file a defence within the specified time period, resulting in our client obtaining a default judgement against you which you later seek to have set aside, we will draw the contents of the correspondence to the Court's attention bot in opposition of your application to have the default judgement set aside and on the issue of costs.

 

My question is what do I do now?

 

 

I don't have any documentation for this account any longer (if it was even mine!).

 

 

Do I file a defence as they say I should and wait to see what documentation they have....

 

Any help with this would be greatly appreciated.

 

Thank you

 

Stefanie

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you don't need to do anything other than file this on MCOL:

 

 

E&W

....

 

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.

.

.............

 

 

you don't need an extension..for what?

 

 

the debt is SB'd ...end of the matter.

 

 

go file your defence now on MCOL

 

 

as for the 31:14 reply

that's the std reply you get from them if you read a few weightmans threads here already.

 

 

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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Hi

 

 

Thank you so much for your response. I have filed my defence and will now just need to sit back, wait and see what happens next I guess.

 

 

I'll keep you posted!

 

 

Stefanie

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The defence ii gave you. Yes?

 

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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Share on other sites

Hi

 

 

Thank you so much for your response. I have filed my defence and will now just need to sit back, wait and see what happens next I guess.

 

 

I'll keep you posted!

 

 

Stefanie

 

What Defence?

 

Are you 110% sure your debt is statute barred?

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you don't need an extension..for what?

Looks like the claimant who gave the extension and lucky for OP they did as the claim was issued 22 May.

 

Get the defence in before they request default judgment. If there's no argument of it being 100% SB, it might bring an early closure if you write back to the other side and turn that letter around (they've noted your argument that it's SB) and invite them to discontinue their claim. Failing which, although small claims where costs are not normally awarded, you will draw the contents of this correspondence to the Court's attention on the issue of costs for their unreasonable behaviour in continuing with a claim that was doomed to fail.

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" I don't have any documentation for this account any longer (if it was even mine!)."

 

How would you know then if it is statute barred ?

 

Regards

 

Andy

We could do with some help from you.

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Hi

 

 

Sorry for the delay in responding. Yes I used the defence you sent me as I'm certain that this debt is over 6 years old. I have also checked my credit file with all the agencies and it does not show on any of them.

 

 

I'll keep you posted on the outcome and thanks again for your help.

 

 

Take care

S

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Hi

 

 

I have now received a letter from Weightmans confirming receipt of my defence but they claim that I made a payment to this debt on the 12 May 2010 which I can't remember paying. The letter states:

 

 

We write further to our receipt of your defence in which you state that the above account is statue barred. We have today requested a copy of your statement of account, together with copies of all previous written acknowledgements of this debt, from our client and will forward copies of these documents to you upon receipt of the same.

 

 

By way of further information however, we note that the following default on the terms and conditions of your credit agreement, the above account was terminated by Capital One Bank (Europe) on 1 February 2006 before being assigned to Cabot Financial UK Limited on 16 January 2009. Please note as the last payment made towards your account was on 12 May 2010, the account is not considered statute barred by virtue of section 29(5) Limitation Act 1980. Accordingly, we have advised our client to oppose your defence and proceed with this matter to trial.

 

 

What should I do now? Wait for them to provide evidence of this payment and my statement of account or is there something else I should be doing?

 

 

Any help as always is greatly appreciated.

 

 

Thank you

S

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no harm in phoning cap1 and asking last payment

though they say above cap1 terminated it on 1/2/2006 so what they are saying is a payment was made by 'someone' of £XX on 12/05/2010.

so that must of been to cabot themselves

 

 

sounds like the usual phamtom payment trick to undo the SB .

 

 

I doubt you'll get the info you require from them

i'e

by whom

what method

what bank

when

amount

 

 

you cuold put cabot to strict proof

or you could wait.

 

 

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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  • 3 weeks later...

Hi

 

So today I received a letter from Weightmans stating:

 

We have received your Defence and can confirm that our client does not accept such. Accordingly, we have written to the Court to request that the matter proceed as defended.

 

However our Client is hopeful that this matter may be resolved amicably and we invite you to contact our xxx to discuss.

 

I'm getting very nervous as I have no idea what to do. We are so close to being able to afford a mortgage and I would hate for something to mess it all up. What would you guys suggest I do?

 

Always thanks for your help.

 

S

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if you read other threads you'll see this is a std reply.

 

 

please agree to pay us something before we have to discontinue the claim

 

 

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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Share on other sites

and did you phone cap1 as asked too?

 

 

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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Hi

 

No I haven't called Capital One but will do so on Monday. Unfortunately though, this morning I received a Notice of Proposed Allocation to the Small Claims Track from the courts which states:

 

1. This is now a defended claim

 

2. It appears that this case is suitable for allocation to the small claims track.

 

If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the small claims directions questionnaire (Form N180) and explain why.

 

3. You must be 17 August 2015 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties.

 

I'm thinking that maybe I should just call them up and try and settle as to have a CCJ on my file so close to finally being able to get my own home would be devastating to me and to be honest, I'm just plain out of fight.... What would you suggest?

 

Thanks

 

S

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no why?

that's just a std court form

doesn't mean anything.

 

 

 

 

fill it out and return it.

 

 

doesn't mean its going anywhere

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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Hi

 

So I have called Capital and they have told me that because the account is so old they can't see the exact date that the last payment was made but they have confirmed that the last purchase was May 2005 the account was closed in 2008.

 

With regards to the Directions questionnaire I was wondering if you knew what I should fill in for the following questions?

 

1. Do you agree to this case being referred to the small claims mediation service? yes/no

2. How many witnesses, including yourself, will give evidence on your behalf at the hearing? do I say that I'll give evidence and therefore write 1?

 

Another thing, is it worth sending Weightmans/Cabot a CCA request to see if maybe that way I see if they really have something?

 

I'll send of the questionnaire and see what happens I guess. Just really want this off my plate as there is so much on it at the moment that I feel like I'm drowning....

 

Thank you!

 

S

Edited by svanjo
Added another question
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Hi

 

So I have called Capital and they have told me that because the account is so old they can't see the exact date that the last payment was made but they have confirmed that the last purchase was May 2005 the account was closed in 2008.

 

With regards to the Directions questionnaire I was wondering if you knew what I should fill in for the following questions?

 

1. Do you agree to this case being referred to the small claims mediation service? yes/no Yes

2. How many witnesses, including yourself, will give evidence on your behalf at the hearing? do I say that I'll give evidence and therefore write 1? Correct

 

Another thing, is it worth sending Weightmans/Cabot a CCA request to see if maybe that way I see if they really have something? Should have been sent the day you received the claim

 

I'll send of the questionnaire and see what happens I guess. Just really want this off my plate as there is so much on it at the moment that I feel like I'm drowning....

 

Dont forget to send a copy to the claimant also.

 

Thank you!

 

S

 

Andy

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 OTHER

 

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In all honesty its a little late now you are at allocation stage...as you pleading statute barred it really shouldn't be required.

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 OTHER

 

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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  • 3 weeks later...

Hi

 

I have now received a date and time for the mediation appointment.

 

 

Is there anything I should know in advance of this?

such as what to avoid saying etc.

 

 

Also on the form that the mediation folks want me to complete

they ask if I have all the documentation required to enter mediation.

 

 

I was going to respond "no" as Weightmans/Cabot haven't supplied me with anything

despite me asking and I don't have anything in my files relating to this.

 

 

I'm also going to write to Weightmans again stating

that I have informed the mediation people that I don't have any documentation

and again request this from them.

 

Is there anything else that I should be doing?

 

Thanks again!

 

S

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If you say you haven't got docs required to enter mediation then mediation won't go ahead.

Please note as the last payment made towards your account was on 12 May 2010, the account is not considered statute barred by virtue of section 29(5) limitation actlink3.gif 1980.
Have you requested they provide info of this payment
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  • 2 months later...

Hi everyone

 

Just wanted to updated you all of the success that I have had with this case.

 

Over the last few months I have continued with the court process and went to a mediation call etc.

During this call I offered Cabot a measly sum of £100 just to avoid going to court.

Needless to say this was rejected by their lawyers Weightmans.

 

Since then Weightmans/Cabot were served with a "General Form of Judgement of Order" notice

where they were given 20 days to supply all the evidence the were going to rely on in court.

 

Today, the last day of the order,

I received a letter from Weightmans stating that they have issued a Full Notice of Discontinuance to the court.

I have read on various sites including this one that this is what would happened but still the sense of relief that this has happened is immense.

 

My question now is,

can Cabot bring this case to court again at a later date and if so, what can I do to prevent this?

 

I also want to say thank you to everyone who has offered me advice on this case over the last few months.

Finally I can hopefully lay my past to rest!

 

Lots of thanks to everyone

Svanjo

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Excellent news svanjo ...well done.

 

With regards to your question its not impossible but very unlikely...the clock now restarts and it will become Statute Barred anyway if not already

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

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 OTHER

 

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

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