Cabot/mortimer claimform - old barclaycard debt

[martin2006]

Noddle is about 4-6 weeks behind real time.

 

Please flesh out the claim as requested and where its at at the moment including any action you have taken in response so far

[martin2006]

So could you type in the PoC verbatim please and also what you have done so far, with dates.

 

The above doesnt give us much of a clue where your at or if youve sent the right things to the right people and when you need to file a defence.

[martin2006]

Ok few more questions:

 

1. What is the date on the claimform?

2. Who did you send the CCA to?

3. Who did you send the CPR 31:14 to?

4. Who are the solicitirs acting and who is the claimant.

5. When was the last payment or written acknowledgement of the alleged debt?

We need all of the above info to assess and advise correctly

[martin2006]

Check your credit files for last payment or simply ring the original creditor and ask.

Note that your defence must be filed on 14th oct by 4pm

 

33 days from the date on the claimform is sunday 16th oct so must be done by the previous friday.

 

Get reading similar barclaycard threads for the tyoe of defence you will be using

[martin2006]

No Point in a SAR to cabot and probably not enough time to SAR Barclaycard.

 

Is the BC account still showing on noddle, maybe in "closed" accounts section now.

If you cant find last payment indicated on noddle, ring BC and ask them.

[martin2006]

what do i ask bc for please???

 

also to add there is no account number to be seen would bc be able to locate it

 

You are asking if BC can verify when the last payment was made to the account.

[martin2006]

As dx has said mystirio, you only have to prove it was sent, keep the proof incase you need it

[martin2006]

Did you ring BC today? What did they tell you?

[martin2006]

If it was over 6 yrs ago since last payment, then BC wont have the info readily available.

[martin2006]

BC will hold current info for 6 yrs, then its moved to a "relevant filing system" such as microfiche.

If they have no readily available info from the last 6 yrs, you can assume there has been no payment made to them in the last 6 years, this is a good sign and one you can check with whats in your credit files.

 

BC will no doubt have sold your alleged debt on to Hoist/Robbers Way so in your CRA fikes it will now appear under these names. Check these accounts aswell for payment info, if you can find no payments then the alleged debt may well be SB'd.

 

Hence the importance of finding out when the last payment was, it can dictate which defence you will use.

[martin2006]

For the CCA requests they have 12 + 2 working days in which to supply the agreement, else they are in default of the request, hooefully they provide nothing.

 

There is no time limit to the CPR 31:14 but again, the less they provide, the better you stand in defending.

 

If you cannot trace anything from hoist ir BC on any cra files and you are certain there are no payments made in the last 6 yrs then the CCA and CPR are irrelevant and you use the Statute Barred defence.

 

Otherwise its the holding/no paperwork defence if payments or a written ack is within last 6 yrs

[martin2006]

You can still be identified from the cabot ref numbers but it does also show the credit card account number

Which means you can cca them again

[martin2006]

Yes there is, resend it complete with bc account number as reference and edit it to read s78 and not s77-79. S78 is specific for credit card accounts

[martin2006]

They are trying to confuse you and its working!

 

They know exactly what they are doing, you must stick to the correct procedures inspite of what they do or dont do.

[martin2006]

Doesnt need to be recorded delivery, free proof of posting is all you need

[martin2006]

No not in the wrong, they are in default until such time as they do provide the agreement. They currently dont have it and know they can go no further without it, hopefully they never supply it and its stayed indefinately.