Cabot/Restons Claimform - old HFC Goldfish card debt - Prob SB'd

[glennyboy]

I dont really know what to do now.

 

Different advice from people far more qualified than me. My last written communication from me to Cabot was the CCA request in July 2008. Since then I have not been in any contact at all.

 

Over the years I have received demands from Wescot, Cabot, Marlin Financial Services, Morgan's Solicitors, and now Reston's. I have been told I have set up a repayment plan, which I haven't. I have been told that I have sent a payment, which I haven't, and Cabot placed various entries on my credit file which are blatantly untrue.

 

Cabot issued a default notice in July 2008 ,which I have in the file, which makes six years and seven months since then.

 

Am I right in thinking it's statute barred anyway.

[dx100uk]

exactly cabot prob willy waving .

 

its not conflicting advice

its what cag is about

views to make an informed choice

 

but at the end of the day its SB

they know it

you know it.

 

the SB letter simply tells them something they already know.

 

if you've had no comms since 2008

and you done nowt since 2008

I'd keep quiet

 

dx

[glennyboy]

As feared, I have now received a County Court Claim submitted by Restons on behalf of Cabot Financial, which includes £185 Court fee, and £80 Solicitor's costs.

 

It states that the debt was assigned to them on March 5th 2008, which is seven years ago , today.

 

Any idea how I should word my defence? Should I quote the non compliance with my CCA request and/or just the seven years of no contact?

 

Please help

[dx100uk]

moved to legals

 

 

please fill this link out and paste the results here:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

 

dx

[glennyboy]

Excuse my ignorance. Do I go to the link , fill out all the details and then paste it back to here for advice? I have filled out the cpr 31.14 and printed it off for postage to the Solicitors.

 

Regards

 

Glennyboy

[dx100uk]

please fill this link out and paste the results here:

 

 

http://www.consumeractiongroup.co.uk...-December-2014**

[dx100uk]

if its def sb'd

then I'd not bother with cpr/CCA

 

 

file the SB defence immediately

after acking the claim on mcol

defend all

then file the SB defence below.

 

 

The following defence is all you need if it is SB

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 £x or any other sum, or relief of any kind is denied.

.

Regards

nicked from Andyorch

 

 

 

 

..................

 

 

rectums are well known for doing this on SB debts

 

 

dx

[glennyboy]

Dx ,Thank you for your help. It is a lot clearer now. I am surprised that Reston's incur such costs in submitting this claim, knowing it's SB'd

 

Regards

 

Glennyboy

[dx100uk]

that's rectums

hoping for a default uncontested judgement

 

 

hows it going?

 

 

dx

[glennyboy]

Hi Dx

 

Seems a funny way to run a business, losing fees and costs .

 

I've acknowledged claim and filed the above defence online, so it's a waiting game.

 

I've checked my Experian report and there is no trace of this shown.

 

I will update here when I know.

 

Thanks

[dx100uk]

I've merged a few old threads with some history of this debt for you.

 

 

buggers wont get a CCA anyway even if its not SB'd!!

 

 

HFC goldfish agreements, rarer than a gold fish.

 

 

dx

[glennyboy]

Morning,

 

The plot thickens. I received this from Reston's today:

 

The Court has served us with a copy of the Defence you filed whereby you dispute your liability to the Claimant

on the basis that you believe the claim is statute barred under Section 5 of the Limitation Act.

 

 

We note however that you have provided no information/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 last payment received towards your account was on 28/09/2011,

which is within 6 years of these proceedings having been issued.

 

 

In the circumstances we entirely disagree with your assertion that the claim is statute barred and has no prospect of success.

 

In view of the above, we now invite you to withdraw your defence by completing form N9A and returning it within the next 14 days.

If your defence is not withdrawn, our instructions may be to make an application to strike out your Defence/for Summary Judgement

and to seek an Order that you pay our client’s legal costs associated with that application on a contractual basis.

 

I HAVE ABSOLUTELY NOT PAID ANY MONEY TO THESE PEOPLE.

 

I sent a letter in July 2008 clearly stating I do not acknowledge this debt without proof,

I have a copy of it.

They failed to comply with my C.C.A request in 2008, and I have definitely not paid them a penny.

 

Any ideas what to do now?

Edited March 21, 2015 by glennyboy
Text too big

[dx100uk]

nothing

 

 

it's for them to provide the evidence it is not SB's

 

 

not for you to provide anything to ascertain that your claim is correct

 

 

and you must be sent that evidence in good time to examine it properly.

 

 

prob just willy waving.

[glennyboy]

Thanks Dx

 

Does that mean that if I sit tight and they go to Court, they will provide me proof of this alleged payment beforehand. I am 100% they have not had a penny, so I don't know where this has come from. Or do I have to request full disclosure. I don't like the sound of an application for judgement if I haven't seen anything.

 

Sorry if I seem a bit panicky, but I don't trust Cabots at all. They have sent letters in the past claiming I have failed a payment plan, which I never entered into, which seems quite dishonest.

 

Regards

[dx100uk]

its std practice for cabot to send such payment claim letters

all the DCA's do it to un settle a alleged debtor.

 

 

you must be sent well in advance anything rectums might rely upon in court

if they might go there

 

you need to be reading around a bit about the tricks rectums pull

 

 

not being funny but I see you've not read any other rectum claim won or otherwise.

 

 

go get yourself upto speed!

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

[glennyboy]

Thanks Dx

 

Wow, I've just had a read of a few and it seems phantom payments are a common tactic. As far as I can see both Cabot and Restons are bordering on fraud by making a " false representation (i.e a payment within the last few years to negate the statute barred claim) with a view to gain for themselves ". I'm surprised they haven't been reported.

[glennyboy]

Right,

I've been stewing over this over the weekend.

 

 

My latest Experian Credit report does not show this debt, or the phantom payment.

 

 

I will retain this as evidence.

 

 

I am contacting my bank to try and obtain a statement covering the alleged payment date, although it's nearly 4 years ago.

 

 

I will also contact my old employer to ascertain my shift on that date, although this may be a problem because of the type of job it was (I'd rather not elaborate)

 

Has anyone any knowledge of anyone making a Freedom of Information request to Cabots

regarding the number of single payments negating a Statute barred debt for a set number of years .

 

 

I know they are famous for giving everyone the runaround . Is it possible to make the same sort request to Re*ton's ? Or do they have legal exemption ?

 

A can of worms, I know, but I can't abide what appears to be dubious practice.

[dx100uk]

pers I'd sit tight.

 

 

dx

[SabreSheep]

Fyi.

 

Stick to the sb defence if you are sure.

Put them to strict proof that a payment was made, When it was made. Who by. What account did it come from and who authorised it.

 

Fyi freedom of infomation act does not apply to private enterprise.

[glennyboy]

 

Thank you SabreSheep, and Dx

 

I was only thinking of a way to expose this dishonest action. I have one hundred percent not paid them anything.

 

When you say put them to strict proof, I take it Res***s would have to have this alleged payment letter to put before the Court, and I would get sight of it before/if they do.

 

At what stage do I request evidence from C**ots ? Now or wait until I am next contacted by R*s*o*s ?

 

I'm quite happy to sit tight until the next stage.

 

Forgive me if I'm a bit long winded over this. I have had previous dealing with case papers in the Criminal Courts, but I am totally out of my depth in CC matters, regarding disclosure, timescales etc

 

Dishonest statements like the phantom payment would have lost jobs and possibly ended up with criminal charges in my last job.

[dx100uk]

the next move is theirs

 

 

if they wish to proceed they will have to provide you with the info well in advance.

 

 

pers I think its willy waving to unsettle you.

 

 

which if you go read rectum threads

you'll see is always their main mo

[glennyboy]

Just received a phone call from Rectums , which I ignored. They have left a voicemail asking me to contact them. No chance of that. I'll wait until they put something in writing.

[AndyOrch]

Ring them and listen only...you dont need to discuss anything....they may want to discontinue:madgrin:

 

Andy

[glennyboy]

I have spoken to someone at Restons. The chap stated that it was in reference to their letter stating my defence was not valid, and "What evidence did I have that it's statute barred?" I said I would deal with that at Court, and left it at that.

 

Sounds like a fishing trip to me.

 

Thoughts anyone?

[AndyOrch]

Absolutely...worth that call...you now know that they don't have any evidence to the contrary that it isnt Statute Barred....that's why they want to know what you have.