Cabot/? claimform - old halifax card poss SBd

[sinka]

Hi,

 

Could someone help me please? , complete noobie questions below:-

 

I've been out of the country and been sent a claim form from the County Court Business Centre for a claim from a 10 year old Halifax credit card debt for £1600 plus £105 court fee and £80 legal representative costs.

 

I have been receiving calls from these people but i just thoiught they were PPI calls.

 

This claim form was sent on 6th April (I flew abroad 7am that day) but i've logged onto the portal (22nd April) and filled in the AOS form to extend, i'm not sure if this will still be possible to do?

 

I may have paid small payments to this debt a long time ago but to be honest forgotten about it, got my credit score back up high and then this lands through my door, i really don't want a court judgment on my credit file.

 

The debt doesn't even show on my credit reports from various agencies. I'm not even sure about how much the original debt was and how much credit was put onto it etc.

 

Could someone help me please in the reply to the court or give me any pointers/online helpers?

 

I really believe that this debt could be Statute Barred.

 

Any help would be greatly appreciated, my main concern is not to get a mark on my credit file and I really don't want to pay a DCA the full amount but would consider a part payment.

 

I'm not even sure if it's gone past that stage that I cannot offer part payment out of court?

 

Thanks in advance x

[Bazooka Boo]

Have you banked with the same bank for at least six years?

 

I'd be checking my bank statements to see if there's any random payments that may have been made.

 

Who is the claimant?

 

The quickest way to cjeck if you made a payment might be to ring the bank direct, do you remember ever paying a poweless DCA anything??

[renegadeimp]

when was teh last date of payment to the account or written acknowledgement the account is yours. Was there ever a clear 6 year gap where no payment was made?

 

Cabot dont chase enforceable debts. All their debts have something wrong with it.

[sinka]

I've not used the bank since 2007.

[sinka]

I may have made a small payment to another DCA previously but not Cabot.

[Bazooka Boo]

For the same debt?

 

How much and how long ago?

[sinka]

Might have been 3-4 years ago and might have been the same debt, probably 50 quid a month or something like that.

 

I had several debts that i paid off and this one wasn't on my credit report so stopped paying it to another company, then it comes back years later.

[dx100uk]

can you complete this please:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**(1-Viewing)-nbsp

[dx100uk]

Might have been 3-4 years ago and might have been the same debt, probably 50 quid a month or something like that.

 

I had several debts that i paid off and this one wasn't on my credit report so stopped paying it to another company, then it comes back years later.

 

name the other company please

and

could there have been 6yrs gap before they spoofed you info starting payments again?

if so its still SB'd

[sinka]

yes there was a definitely a gap, the company was from Preston if i recall I think it was Akinika

[dx100uk]

ok get that link in post 8 done please

[sinka]

ok get that link in post 8 done please

 

will do.

[sinka]

Name of the Claimant ? - Cabot Financial UK Limited

 

Date of issue – 5th April 2018

 

What is the claim for –

1.By an agreement between Halifax & the Defendant on or around 19/01/2000 ('the agreement') Halifax agreed to issue the Defendant with a credit card.

2. The Defendant faild to make the minimum payments due & the Agreement was terminated.

3. The Agreement was assigned to the claimant.

4.The claimant therefore claims 1700.01

5. Costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not that I am aware of

 

What is the value of the claim? 1700 plus court fee and legal rep costs 1900 total

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card

 

When did you enter into the original agreement before or after 2007? 19/01/2000

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. The debt purchaser Cabot Financial

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I had phone calls but thought they were PPI, might have had a letter but thought was junk mail not too sure

 

Did you receive a Default Notice from the original creditor? Yes but the original debt is not on my credit history so thought it had been resolved.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? They have been sending letters yes but thought was junk because not on credit file.

 

Why did you cease payments? The original Halifax card i got made redundant and had no job.

What was the date of your last payment? not sure, to the Halifax was well over 10 years ago but might have paid Akinika 50 pounds per month a few years ago but wasn't sure what it was

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I did but because i lost my job I could no keep up with payments and things spiralled out of control.

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

[sinka]

I might have ticked the jurisdiction already, will this be a problem?

[dx100uk]

shouldn't be

you are allowed silly mistakes as a LiP

 

might be worthy to see if you can find out who Akinika clients were

[should be on their letters] as they are not a debt buyer only a collector

[could it had been Halifax]

[sinka]

I think it was Halifax from memory

[dx100uk]

so if you go ring them tomorrow [Halifax] and ask last payment date that will help.

 

if you think there was a 6yrs gap before you started paying again [sadly I doubt this]

 

it could be useful. no harm in asking if there was

[sinka]

Okay will do.