Restons/Cabot claimform - old HFC debt step-daughter

[hillards]

My wife has been getting calls and texts from Cabot for weeks telling her to call them about a matter they wish to discuss, but they ask for her grown-up daughter's name. She has happily ignored the calls and texts, nothing to do with her of course.

 

A letter arrived recently advising that Restons were going to make a claim in court for over three and a half thousand pounds, not a trivial amount so they may actually try.

 

BUT, the HFC Bank account was started in 2006 and defaulted soon after when my step-daughter lost her job.

The letter states the account was terminated in January 2008.

 

I think she made some movement to pay via CCCS but that fell through long ago.

As far as she is aware, nothing has been paid on this account for the last 7-8 years and she's not contacted anyone about it in that time.

 

The letter says the debt was assigned to Cabot in October 2017, no mention of where it was up until then.

She does not have any paperwork relating to the account but that's beside the point,

she has had no default notice that she is aware of and does not know when the last payment was made either, it's that long ago.

 

Does she just write to them and say 'statute barred' and see where it goes from there or is there some way she can get the info she needs to prove that?

I don't think she's ever asked for a credit report but the concern is that will just give the DCA her up to date address, phone number and so on.

 

I've read dx100uk 's defence note in https://www.consumeractiongroup.co.uk/forum/showthread.php?477307-Arrow-restons-claimform-old-Vanquis-Card-debt-statute-barred&p=5031789&viewfull=1#post5031789 amongst other threads, got to admit a lot of it goes over my head these days, I'm well out of the loop since I used to be active on here.

 

The letter says she has to pay in full by July 26th 'or else'... They also sent a statement of earnings form.

[dx100uk]

have one of these:

as post 4 there yes?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

[hillards]

Sorry, should have said it was PAP. Yes, she's got that too. Tick box D and just put SB ?

[dx100uk]

if you are 1000% it is yes

 

get out of the old school habit of hiding from DCA's

if there are other debts then findout who owns them and update them to the current address by sending our SB letter or if not SB'd a simple letter

esp if she gets phishing letters about old debts.

 

they are quite capable now of an DO gett default judgements sent to an old address,, even if the debt is SB'd and the 1st you know are bailiffs at the door!!

 

 

 

moved to HFC forum and retitled

[hillards]

OK, she's away this weekend but as soon as she gets back I'll get her to request her credit file. Once we have that we can probably find much of the info needed.

 

Thanks for the guidance

[dx100uk]

wont be on there

as it was defaulted more than 6yrs ago surely?

 

if the lat payment was through CCCS [stepchange now]

cant she ring them and get a statement of affairs or WHY?

[hillards]

You can tell I'm out of practise here, but it's her issue not mine so I'll get her to do the legwork.

[dx100uk]

well don't mess around 2 long you MUST reply to that PAP letter within the 30days deadline

else I bet they'll file a backdoor CCJ to one of her old addresses.

[hillards]

Yes, on with, she is back tomorrow. The only address they have for her is mine, but how they got the wife's mobile number I don't know.

[dx100uk]

credit file I expect

or debt details from the OC upon purchase

[hillards]

The good news is that there is no trace of this on her credit file . I don't know which one she used, it was a free one, but her credit score was 925 she says. 'Stirling' stuff

 

She is going to call Stepchange tomorrow, her day off, as well as checking the credit file fully. I'll help her to tick box D...

[hillards]

Experian credit report obtained.

No sign of this debt, just one note

"you have no settled non-mail order credit accounts"

but no explanation of what that may be.

I googled, seems that's a false negative and nothing to worry about really.

 

She has a credit score in the mid 900's and can only see her current mobile phone and bank account as active.

 

She has called Stepchange, they could not find anything on their system.

She spent some time giving them her details and cross-checking.

They say if there had been anything they would have removed it after 6 years under data protection.

 

Box D ticked, 'Statute Barred' written in the space, form sent back to Restons

 

Yes, reading what has happened with others they may still try it on, but we're ready for them.

Edited July 23, 2018 by dx100uk
Spacing

[hillards]

Restons have responded and whinged about not sending them a covering letter to explain why... All she did was tick the D box and write 'statute barred' in the space and sent the form back.

 

They claim that a payment was last made in January 2017, but don't say who by...

 

Personally I suspect this is when Cabot bought it from some other DCA

- Restons say she should provide documentation to support her claim

- how on earth can you send proof of not paying?

 

I am thinking to respond by suggesting they find who paid in January 2017 and ask them to settle the matter.

Edited July 23, 2018 by dx100uk
Spacing

[dx100uk]

No dont respond

[hillards]

No dont respond

 

Thanks, if they want to try their luck with court then let them pay a fee, then lose

[hillards]

And as if by magic, N1 has arrived from Northampton. Issue date 28 Aug, so clock starts ticking Sept 1st ? 5 days (depending how they are counted) to day of service.

 

Pointers please - I'm very rusty

[dx100uk]

please complete this:

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]

title amended - moved to legals

[hillards]

please complete this:

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

 

Thanks, very quick response, that's given us something to do today...

[hillards]

In order for us to help you we require the following information:-

 

Name of the Claimant ? Cabot

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 28 AUG 2018

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = 14th Sept (Sat) + 14 days to submit defence = XX (33 days in total) - 28 Sept

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendants(s) and Hfc Bank Plc dated on or about May 04 2006 and assigned to the Claimant on Oct 05 2017

Particulars a/c no xxxxxxxx

DATE ITEM VALUE

22/06/2018 Default Balance 3676.xx

Post Refl Cr NIL

TOTAL 3676.xx

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES

 

What is the total value of the claim? 3941 (incl court & legal rep fees)

 

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

 

When did you enter into the original agreement before or after April 2007 ? May 2006

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? NO

 

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. Assigned

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

 

Did you receive a Default Notice from the original creditor? NO

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

 

Why did you cease payments? Unemployment

 

What was the date of your last payment? perhaps 2009 via CCCS

 

Was there a dispute with the original creditor that remains unresolved? Not that I'm aware of

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? Used CCCS for a while but eased around 2009, unsure. CCCS (Stepchange) have no record now, they say it must be more than 6 years

[hillards]

re. CPR 31.14 Request - no documents are mentioned in the claim so skip this step ? Sending CCA request later today when postal order has been obtained.

[AndyOrch]

Assignment and default are mentioned within the particulars...but as the debt is statue barred its your choice if you wish to utilise the CPR 31.14.

 

Section 77 request for loans.

 

Statute barred defence....(must be submitted by Friday 28th Sept 4.00pm)

 

1 The Claimant's claim was issued on (insert date).

 

2 The Defendant 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 Act 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 £(insert amount claimed) or any other sum, or relief of any kind is denied.

 

Regards

 

Andy

[hillards]

In a previous letter, Reston's claim the last payment was made on 30 January 2017 yet the loan termination date was 31 January 2008. Do we need to request details of that alleged payment? Step-daughter is positive she didn't pay anything after her dealings with CCCS were dropped in 2009.

Do we need to mention and refute that in the response to court as Reston's are using that as their reason to claim against this being statute barred ?

[AndyOrch]

Well you need to be positive before submitting a statute barred defence......you cant amend it after.

[hillards]

Well you need to be positive before submitting a statute barred defence......you cant amend it after.

 

That's why I was asking. She didn't make any such payment and I don't want to miss an important point in making the defence.