CAbot/Shoesmiths claimform - Cap1 card 'debt'

[johnnylocks]

I have an old debt which was with Capital One for the sum of £1216 ,

 

 

after not hearing anything for many years

i have a pre legal letter turn up in january 2016 from shoosmiths solicitors acting on behalf of CABOT FINANCIAL

i probably foolishly ignore it and in the bin it goes.

 

04/02/16 court papers issued against me for the above sum + costs

 

08/02/16 i file a defence on MCOL as i believed truelly at the time the account to be statue barred

and at no time acknowledged the debt or made payment.

 

08/02/16 sent a letter to both Cabot and Shoosmiths stating i believe statute barred

and requesting relevant paper work to be sent to me both sent recorded.

 

25/02/16 letter received from Cabot saying that they couldnt give a satisfactory response to my letter at this time.

 

05/0416 - Cabot conclusion letter

- account purchased sept 2015 ,

information given

account taken out aug 2008 and

defaulted july 2010

with last payment made 28/03/2010

 

 

they have requested from Capital One a copy of the credit card agreement

and a full statement of account and

 

 

pending the provision of this documentation to you

court proceeding issued will remain on hold but were issued within the relevent limitation period

and therefore the account is not statute barred.

 

any advice on what will happen next,

or the best way to deal with this as its constantly on my mind as i dont know what is or what i can do

 

thanks in advance

johnny

[BazzaS]

When do you believe is the latest date the last payment / acknowledgement was made?

 

If within 6 years from when they filed their claim it isn't SB'd

If more than 6 years before when they filed : it is SB'd.

 

How did you pay back then?.

 

 

Can you check old bank statements if these would show the date of the last payment,

in case it was more than 6 years prior to claim,

and you can show any entry on their records after then wasn't from you .....

[johnnylocks]

After doing alot of looking through my accounts there is a payment in march 2010 to capital one .

Why havent they replied to the court within the 28 days of receiving my defence with this information?

Is the court case on hold or stayed ?

[dx100uk]

can you fill this out please

and post the Q&A back here

so we can advise properly

 

 

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