Càbot/mortimer claimForm - rbs The AA loan debt - prob sd'd

[Aphex Twin]

Hello guys it's been a long time since I have been on here but im in a bit of a pickle.

 

I have received a claim form from County court for a debt from 2002 with The AA.

In 2006 I sent a CCA Stating that I do not acknowledge any debt from them to The Bank of Scotland who I asume owned the Debt at the time.

I was wondering what to do and whether this debt may be Statute barred, I have not made a payment of this debt in over 10 years.

 

Please help im panicing a bit here.

[fkofilee]

Welcome Back

 

Copy the first post from here

 

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

 

Paste it back here...

 

We can then advise...

[dx100uk]

Can you fill this in please

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

[Aphex Twin]

Name of the Claimant ?

Cabot Financial (UK) Limited

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

07/09/2015

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

10/10/2015

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

By an agreement between AA (AA) & the defendant on or around 08/05/2002 ('the agreement') AA agreed to loan the defendant monies. The defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 2887.83

 

What is the value of the claim?

2887.83

 

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

Loan

 

When did you enter into the original agreement before or after 2007?

08/05/2002

 

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.

Assigned to Cabot Financial.

 

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

No. Not aware.

 

Did you receive a Default Notice from the original creditor?

Not sure, probably

 

 

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

No.

 

Why did you cease payments?

Lost job financial trouble.

 

What was the date of your last payment?

Dont exactly know, 2004 at the latest.

 

Was there a dispute with the original creditor that remains unresolved?

I sent CCA letter to RBS, assumed owner of the debt in 2006. Received no reply

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

Yes, have no proof of this though.

[dx100uk]

Ack the claim defend all on mcol

Then file the STD SB defence

 

Dx

[Aphex Twin]

Do you mean Acknowledgment of Service to extend, then claim Statute barred on money claim website, just to get it straight, my head is a bit of a mess right now sorry.

[dx100uk]

sorry that was a bit quick

AOS the claim om the mcol website

defend all

leave juris unticked.

 

 

then exit mcol.

 

 

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

 

 

then if you are 100% it is SB'd

and it seems thatway

 

 

pop back into mcol and file this defence today.

 

 

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.

[Aphex Twin]

Hi, thanks for the reply.

I have done the Acknowledgment and I also sent a CPR31.14 request to the solicitor and today I received A reply here it is .

 

 

We confirm our client is willing to agree to the extension of 28 days, for you to file your defense. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.

 

CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

 

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

 

We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our client's instructions.

 

I have not filed my defense yet because I wanted to know 100% I was doing the right thing.

Sorry to be a bother but what do you think my next course of action should be?

I appreciate you time and effort Thank you.

[SabreSheep]

Dx gives u the defence to use above......

[dx100uk]

Why did you ask for an extension???

 

It's SB.d. file the defence now...

 

 

Dx

[Aphex Twin]

OK, sorry for being dense its just way outside my comfort zone.

Will file defense now thanks for bearing with me

Should I reply to the above letter about the documents, I don't have any so it wouldn't hurt surely?

And do I need to write to the court if im going to file?

[dx100uk]

Just file

Ignore the letters

STD rubbish

 

Dx

[shamrocker]

Their letter looks like a load of bull to me. Don't reply - just file the statute barred defence (see above) via MCOL straight away (that's assuming you're 100% on it being statute barred).

 

Have you checked your credit file? Any sign of this debt on there?

 

You don't need to write to the court with regards your defence, just do it online and then sit and wait. The claimant will have to disclose relevant documents should they wish to proceed, and you'll also have the opportunity to challenge. There's every likelihood they'll go no further once the SB defence goes in.

 

EDIT: Sorry DX, you got in before me.

[dx100uk]

No matter

[Aphex Twin]

Thanks for the replies you are great!

Just checked on equifax, nothing on there.

I had an experian account last year and there was nothing on there.

I am 100% certain I have not made a payment nor acknowledged the debt since before 2006 so I'm gonna do it!

Thanks for giving me the confidence to do this guys x

[shamrocker]

Go for it then - file SB defence.

 

Then keep on your toes with regards future correspondence on the matter. Keep us posted.

[Aphex Twin]

Hey guys, received a letter from solicitors today.

 

We have received your defence.

 

 

We are taking our client's instructions in relation to your defence

and will come back to you as soon as we can.

In the meantime, the matter has been placed on hold.

 

Should I expect to hear any more from them or is this them giving up?

[dx100uk]

its a waiting game

 

 

they have 28 days from you filing your def on mcol to decide

else it gets stayed

go read a few like claim threads here

 

 

dx

[Aphex Twin]

Hey guys, well it has been a month since I filed my defence 25/09/2015 and nothing has happened, what should be my next move? or do I just wait?

Thanks.

[theoldrouge]

Nothing balls in their court