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Cabot / Vanquis court claim issued despite being Statute Barred

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Hi guys,

Been a while.

 

I'm helping a friend with this.

 

He's received a court claim form from Cabot regarding a Vanquis credit card that was defaulted back in 2008.

 

Surely thay cant proceed as its statute barred under the limitations act?

 

How do we go forward? Do we submit a defence on the grounds of it being Statute Barred. Or do we defend by disputing the debt then put in an application to strike it out due to it being Statute Barred?

 

Not sure if this makes any difference...

 

He was a sole trader when he took the card out. He was a sole trader when the default notice was issued. He's not serviced the debt since 2008. He's now formed a LTD company and they have put this on the form along with his Company number. Does that make any difference?

 

In hope.

Toxic

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ack the claim

defend all

then go back and file the sb defence

 

 

i'll post one later for you.

hang fire a bit

 

 

dx


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Statute barred defence is....

 

 

 

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.

 

 


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Excellent. Many thanks CitizenB

 

I never knew they even tried to claim through the courts when Statute barred. Surely they have no hope of winning whatsoever?

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Excellent. Many thanks CitizenB

 

I never knew they even tried to claim through the courts when Statute barred. Surely they have no hope of winning whatsoever?

 

If they think they can get away with it, they will :(


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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Sneeky blighters. I suppose some people will just ignore the claim and then they win by default. I guess it must be worth a punt on their behalf. Well not this one Cabot you *tinkers!

 

*substitute with own choice of expletive :wink:

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ofcourse they can goto court with a SB'd debt

 

 

just remember a unless its defended

every claimform is simply rubberstamped with no checks whatsoever.....

 

 

however if the defendant discovers the CCJ

then its an easy set aside.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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