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CABOT/MORTIMER claimform- old VANQUIS Statute Barred Debt***Claim Discontinued***


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Hi All,

 

Received so much help and support way back in 2005-2008 which turned my life around.

 

Unfortunately a DCA (CABOT) has re-surfaced issuing a CCJ Claim chasing what I believe to be a Statute Barred debt for Vanquis they have bought.

 

I will post all details in the relevant place and look forward to your much appreciated assistance.

 

Regards

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Good old Cabrot, have they actually issued a claim, or are they simply willy waving claiming they will do so if you don't turn round and grab your ankles for them?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Cabot only seem to be dealing in bogus debts now. Meaning no paperwork or theyre SB. Either way, post as much info as possible and it can be cleared up pretty quickly.

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

:D

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They issued a claim last April out of the blue. I had heard nothing from them or Vanquis since February 2009. I have moved address in that time and CABROT must have traced and the MCOL claim form dropped on the mat. As i am 99.9% positive this is SB I responded with:

 

1 The Claimant's claim was issued on xxth April 2015.

 

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 acticon 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 £xxxx.xx plus

costs of £xxx.xx or any other sum, or relief of any kind is

denied.

 

The claim is still sat on MCOL and since that I have heard nothing until last week when a letter from Mortimer came with an offer of a 50% discount via a TOMLIN and a number of sheets showing a running account of the card with charges applied and payments made. They are not statement sheets just lists. However on them it shows payments were made the last being November 2010. I don't believe they are correct as I had no bank account to make payments.

 

Couple of things, if they have a cast iron case why the offer of 50% and why so long since I entered my defence?

 

I will start this case in the correct forum if someone could kindly let me know which one.

 

Regards

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Theyre bluffing. They know they can never get a judgement as per your defence, so theyre trying to look good and give discounts or use a backdoor approach

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

:D

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I would hope they need more than a few dubious printouts to prove either way.

 

I was thinking of issuing a CCA to CABOT/MORTIMER and a SAR Request to Vanquis to see what they have.

 

Thoughts?

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If its stayed ignore them

 

Get reclaiming the PPI? Yourself

 

Highest begging letter here is 95% on a Cabot stayed claim

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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MCOL is not showing it is stayed, only notification that I submitted my defence in April 2015.

CABOT/MORTIMER have no response showing on MCOL.

 

To back up my recollection of whether I had paid anything to make this not SB

I got my credit File from Equifax when the claim came in last April, it shows no record of the account.

If, as CABOT state and from the list of transactions they sent,

it was still enforceable then surely it would still have been on at that time.

 

Also the final outstanding sum on that list shows a figure of £1100 owing, CABOTS claim is for £1900.

 

Would it be prudent to get a CCA off to CABOT and a SAR to Vanquis?

 

Thanks

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I'd just leave it. Until something comes through fromt he court. You have a defence in, the claim is stayed. Theyre trying to blindside you into giving them something, and they have the cheek to try and misuse the courts.

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

:D

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mcol does not show a stayed status.

its been 12months now

 

no harm in you ringing vanquish you know.

and asking last payment

if they say they haven't got stuff

and to contact cabot.

quote them the ICO say:

that state they as the original lender MUST hold data for 6yrs under DPA Act rules.

dx

 

 

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,

 

Called Vanquis and they cannot help me with any information over the telephone. I only have the old account/card number and they do not have it on the system of the customer service advisor.

 

I am of a mind to just ignore as has been suggested but as I do not have any information other than what CABROT have sent I wonder if they will ask for the stay to be lifted and proceed.

 

Advice as always gratefully received.

 

Regards

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Yes, a CPR is a definite, lets them know you won't be bending over backwards for them, and they'll have to fight every step of the way.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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no harm in an sar to vanquish now.

be prepared.

though without paperwork

they wont lift the stay

 

 

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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no harm in an sar to vanquish now.

be prepared.dx

 

Good plan batman, yes, and see what charges/fees/ppi you can reclaim.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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click sar

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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  • 2 weeks later...

UPDATE:

 

SAR has gone to Vanquis no reply as yet.

 

I have been using Noddle for my credit reports but after reading they don't have all information I have got another from Equifax for the Statutory £2 fee.

 

Lo and behold it lists this which did not appear on my Noddle account:

Credit Card from Cabot Financial (Europe) Ltd

 

Defaulted 30/6/2010

 

Default Balance: £1175.00

 

Current Balance £1866.00

 

Last Updated: 15/10/2015

 

No payment history is shown only a big red D for the default in June 2010.

 

 

I am still puzzled why they would offer a 50% discount and a TOMLIN on this.

 

The court claim dated xxth April 2015 is still stayed.

 

As previously said I do not have any paperwork hence the SAR to Vanquis so I cannot be 100% sure my last payment was not after April 2009.

 

Thoughts on next steps would be very much appreciated.

 

Thanks

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trying to spoof you into acking the debt

 

then they'll go after the rest

 

don't fall for it!

 

next move is theirs

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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One more question DX.

 

The difference in the default amount (which does include late fees etc.) and the current balance claimed by CABROT, is this correct, can they do this and can it be claimed back if this goes further?

 

Many thanks again

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if they pay to lift the stay

then they can only 'win' whats listed in the POC

however that wont happen.

 

 

this is cabot we are talking about......

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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