Cabot/retons Claimform -old Cap1 card 'debt' prob Statute Barred?***Claim Discontinued***

[Lynchy65]

Thanks for the reply I was getting in a panic.

..their just bamboozled me withall the regulations.

 

Should I cca Cabot again although I have already sent it once and the postal order.

 

Can you just clarify for me the date I should have my defence filed for please.

 

Date of claim was 24th june.

 

thanks. ..hope you're enjoying the hot weather!

[AndyOrch]

Tues 26th July is your deadline

 

Andy

[dx100uk]

no you don't repeat anything

one shot fleecers

[Lynchy65]

Is the cca my only defence?

I'm more than sure that they must have defaulted the account before crabot claim they did.

But I can't get evidence to prove it.

 

 

Although I may be able to get it if I write to crap one before the court hearing.

...that's assuming there will be one?

[dx100uk]

no docs will kill the claim till/if they find them,

 

you've not exhausted the SB route yet.

 

in post one you say they wrote back and said it was not SB'd

because the termination date was inside 6yrs

 

go look at the letter again.

 

IS that what they said

, or its what you think it said

or you are getting confused with the defaulted date being the termination date or something?

they are not the same.

 

its rare for restons to use the term date as a non SB excuse - they know better than that.

its also quite rare for them to state its not SB'd because of the defaulted date....

 

typically with restons, if they have evidence there was a payment within 6yrs - they'd use it and trumpet that loudly

they haven't..that makes me wonder

 

go read that letter and report back.

 

 

dx

[Lynchy65]

Thanks Dx. .

So the letter from Restons states

 

" we note you have provided no information or evidence of when you believe the limitation period commenced

nor have you provided any details of when you believe you last made a payment towards the debt or when you last acknowledged your liability for the debt.

 

In any event the information we have received from our client is that the termination date of this account was on or around 26th June 2010 which is within 6 years of today's date.

 

In these circumstances we entirely disagree with your assertion that the claim is statutebarred ".

 

That's the letter.

I thought it was up to them to prove when the last payment

or the limitation period kicked in and they definitely wrote "termination date".

 

What do you think?

[oleg]

Translation from Reston Semantic Jungleese:

.

Yes you're right it's statute barred

[dx100uk]

What a load of cobbrers

Yes for them to prove not SB

Not for you to prove it is

[AndyOrch]

Restons and Statute Barred should not be stated within the same sentence

[dx100uk]

:lol:

[obiter dictum]

I thought these solicitors for rent and DCA stopped with this nonsense about statute barred being the termination/default date

 

Is it not still contrary to the OFT Debt collection code of practice to deliberately mislead a debtor a debt is not statute barred when it is?

[AndyOrch]

I thought these solicitors for rent and DCA stopped with this nonsense about statute barred being the termination/default date

 

Is it not still contrary to the OFT Debt collection code of practice to deliberately mislead a debtor a debt is not statute barred when it is?

 

Yes it is...but try telling Restons et al this

[Lynchy65]

Yes it is...but try telling Restons et al this

 

Thanks for the replies guys much appreciated. So I'm guessing there's a statute barred letter somewhere on here that I can use? I'll get on with it on Friday or should I leave it until the last day my defence needs to be submitted?

[AndyOrch]

Letter ? You mean a defence ?

[Lynchy65]

Letter ? You mean a defence ?

 

Yes sorry meant to put template defence

[obiter dictum]

Came across this defence. Wait until you get the go ahead in case things have changed but use this template

 

1 The Claimant's claim was issued on xxth July 2016??

 

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.

Edited July 20, 2016 by obiter dictum

[Lynchy65]

Thank you for that. Do I add anything about putting them on strict proof as they have provided nothing despite evidence being requested? Also do I leave it until the last day or can I do it tomorrow?

[AndyOrch]

Thank you for that. Do I add anything about putting them on strict proof as they have provided nothing despite evidence being requested? not yet Also do I leave it until the last day or can I do it tomorrow? Do it now

 

Andy

[Lynchy65]

Andy

 

OK thanks for your help everyone. ..ive submitted defence as above so will wait for the next step. Fingers crossed

[dx100uk]

Why fingers crossed

The debt is statute barred

Ruddy fleecers

[Lynchy65]

Hi all hope you've had a good weekend? So to update.

 

 

..ive had a letter from rectums acknowledging my statute barred defence.

 

 

They say

'I haven't provided any proof that it is SB blah blah blah therefore I should withdraw my defence and fill in their lovely form and offer of payment otherwise they will apply to have my defence struck out! Really? I have 2 weeks to respond!

 

 

I really want to write and tell them to swivel but probably not a good idea.

Do you lovely people have any advice?

Can they get a defence struck out?

Doesn't seem logical to me.

Am I suppose to receive any info they have on their claim etc

...like the cca and cpr info I asked for and never received?

 

 

What do I do?

Ignore the letter?

Tia x

[dx100uk]

std letter rectums send all defendants the file an SB defence

if you go read other rectum threads.

 

 

in terms of SB

its upto the claimant to prove its not SB'd

rather than the defendant to prove it is.

 

 

nothing to do.

 

 

dx

[Lynchy65]

Thanks Dx thought that was the case. ..more trees destroyed to make them justify their jobs! Ttfn x

[Lynchy65]

Hi just thought I'd update.

 

 

yesterday I had a letter from rectums saying their client (Cabot ) has decided to discontinue with their claim and they have notified the court as to their decision.

 

 

I'll check on mcol tomorrow make sure they have.

 

 

If so I would call that a result!

 

 

Many thanks for all the advice guys you do a sterling job supporting people like me. Xx

[obiter dictum]

Great result