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hoboagogo

Cabot/Restons claimform blackhorse car finance debt - sb'd

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Hi all

 

I've received a rather threatening letter from Restons Solicitors which has my head spinning.

I know I need to calm down and respond correctly, I'm hoping you can assist

 

Restons have sent me a letter saying they have been instructed by their Client

Cabot Financial (Marlin) Limited to seek immediate payment etc etc

 

they are demanding £3476.42 by the 25th of this month or they'll issue proceedings.

They state they have previously notified me that they have acquired the rights to the account

and are such entitled to receive payment.

 

The first I heard about this alleged debt was about four weeks ago

when I received four years worth of annual statements from DLC on the same day in separate envelopes (I received a fifth a few days later).

 

 

I believe it relates to a car finance agreement I had with Black Horse back in 2007

but other than mentioning Hillesden Securities, Formerly Black Horse in the statements I have no evidence of this.

 

The amount shows on no credit reference agency searches

 

I've heard nothing from black horse whatsoever.

The annual statements 'ive received en-mass are from DLC and state that the original term no longer applies

and that no interest is being charged.

 

 

They also prove that no payments have been made as the balance from the first (which covers 29/10/2010 to 28/10/2011)

is the same as the latest annual one

 

I forgot to add,

the account was defaulted several months prior to the vehicle being handed back and sold off at auction.

The dispute related to the shortfall.

I believed at the time they hadn't made reasonable efforts to get a fair price for the car

 

Thinking back, I started working with my current employer in july 2009

and didn't have any car at all then, so it was definitely prior to that ie statute barred

 

Do I send a statute barred letter to DLC, or Restons (or both),

and should I send a 'Pre Action Conduct Letter' to Restons

 

Thanks in advance

Edited by hoboagogo

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http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred-**Update-28th-October-2015**

 

^^^^Statute barred letter ^^^^

 

 

If you are absolutely certain that the debt is statute barred, then yes, send the above letter.

 

If this debt is not showing on your credit files, then almost certainly 6 years has passed since the first default marker was placed.

 

You would send the SB letter to Restons.


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Thanks for the quick response.

 

 

The only way it could be anything other that SB is if Black Horse or DLC have created a fictitious payment.

 

 

The statements that DLC sent prove nothing has been paid to the account for at least five of the six and a half years since the car went back.

 

 

I think my default notice was sent to me a couple of months before that.

I genuinely though this one was dead and buried a long time ago

 

Do I remove the without prejudice from the SB letter, as If it does end up going to Court, this will form part of my defence?

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read the letter PROPERLY

 

 

I bet it does not say WILL anywhere

 

 

willy waving

IMHO ignore them.

 

 

until/unless they do issue a claimform.

 

 

then if it is SB'd

the SB defence will kill it dead.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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read the letter PROPERLY

 

I bet it does not say WILL anywhere

 

willy waving

IMHO ignore them.

 

until/unless they do issue a claimform.

 

then if it is SB'd

the SB defence will kill it dead.

 

dx

You're correct. It doesn't say 'will' as such.

 

It says that if payment isn't received in full by the 25th November they have been instructed to issue proceedings in the County Court.

It also states what they'll be claiming.

 

That to me sounds like a statement of intent (just without the usual wording).

 

I haven't dealt with Restons myself but from what I've read they like to carry out what I'd normally dismiss as an idle threat

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STD crap from restons

 

Instructed .. Doesn't mean they will

 

Dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Cheers Dx, you've put my mind at rest a bit.

 

This is a particularly important one for me as I thought I'd left this all behind me.

 

My credit record will be clear again in April (my final ccj from the bad times drops off),

 

it's vitally important for me to avoid court.

 

This one has gone from Hillesden checking my credit file to solicitors letter in three months.

 

Is it worth me speaking to Black Horse to get a date for the default so I've got a cast iron statute barred defence, just in case?

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SB is not directly related to defaulted date

 

An sar can't hurt

 

Dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Is it also worth sending a 'prove it' letter to Restons to slow things?

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no don't invite letter tennis


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thought i'd best update this thread.

 

Restons were as good as their word and did indeed issue a claim via Northampton County Court.

 

I sent DLC a CCA request which they duly ignored, and also a letter to Restons informing them of SB status and inviting them to withdraw the claim.

 

They've also chosen not to respond, but as both letters were sent 'signed for' that doesn't really matter in the overall scheme of things.

 

I also spoke with Black Horse, the original creditor and they were really helpful and sent me copies of documentation which DLC/Restons clearly aren't in possession of, and these prove positively the SB status.

 

This SB status has been entered as an absolute defence, and i'm now waiting for Restons to hopefully discontinue their claim......

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well done

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Received a letter from dlc today in response to my cca request.

 

They don't have the documents, but will endeavour to send me then when they're available (or contact me again in 21days).

 

I'm not going to chase them. And neither am I going to hold my breath lol

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Make sure you check with the court about the status of the claim


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..

 

 

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Make sure you check with the court about the status of the claim

 

I will do. Is Moneyclaimonline normally updated with the status? That's how I replied to the claim and entered my defence

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I'd just ring northampton.


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

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if you filed the SB defence - cca request return of etc is immaterial.

 

 

they have 28days from the date you filed

else the claim gets auto stayed.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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if you filed the SB defence - cca request return of etc is immaterial.

 

 

they have 28days from the date you filed

else the claim gets auto stayed.

 

If I have an absolute defence how to I prevent the claim from being stayed indefinitely?

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you cant


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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If you have the SB defence and it is stayed, it cant possibly ever become un SB'd unless you acknowledge the debt or make a payment, neither of which i suspect you will be doing, so effectively, once its stayed, its not coming back again.....ever!


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???

 

if its SB paying or acking the debt doesn't unbar it...not even ajudge can unSB a debt...

 

filing the SB defence is no guarantee

what IS the guarantee is the debt being SB'd.

 

which is why its SO important to explore every available method to findout before hand.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I am pretty sure, once a debt is statute barred, Absolutely nothing can unbar it, Not even a payment or acknowledgement

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If the claim remains stayed following no reply to your defence and claimant won't discontinue.

 

 

If you don't want it hanging in limbo you can apply to lift the stay and summary judgment with costs.

 

 

You would have to be absolutely 100% of SB before doing that.

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Claim is due to stay today.

 

 

I'm 100% the alleged debt is SB and the documentation I was sent by the original creditor is proof positive

that no payments have been made in a full seven years.

 

I think Cabot will be under the impression that the debt isn't SB as Black Horse finally wrote off the debt and sold the rights on five years ago.

 

This will explain why the first I heard about it I received five years worth of annual statements from Cabot in the sane envelope.

They've shot themselves in the foot as the figures on these statements and the amount of the claim actually back up my SB defence.

 

Short of them concocting a signed letter from me with an admission of debt they haven't got a leg to stand on.

Even in this unlikely event they don't have a copy of my signature to put on it

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as with all these old BH debt cabot are hoping to get undefended default rubberstamped judgements on .

 

I think we are upto 17 here now.

 

very worthy to simply issue claims on all of them though for them.

we see

 

most people will cough up as they think a DCA is a bailiff

or know nothing about the claim

as it purposefully served to an old address.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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