Letter tennis

Now has a letter from Cabot stating they have “made a mistake” and apologise for any distress caused. They also state the non existent CCJ remains in place. Now placed with Mortimer Clarke Solicitors. Got a letter two days ago from them stating they are now dealing. I am going to deal with them exactly the same as Reston’s, who withdrew at Court due to S.B.

Done that. No records found. I’ll sit tight. Thanks for your help.

I have not moved since Reston’s rang me. Had the stock monthly letters demanding payment. Been at this address for 17 years. Never been to Court and never had a CCJ on my credit files. Im thinking this is a try on.

Just received a letter from Cabot saying they have obtained a CCJ and charging order on a Goldfish card debt , £4371.00p from 2003. Also state they are handing this to Mortimer Clarke to agree repayment and remove charging order. I genuinely have had no contact from any Court and nothing showing on my credit file. Is this a standard Cabot tactic? Last payment to Goldfish was 2003. I thought County Court contacted you when claim is made so you can defend it?

Sorry I should have made it clear. I’m thinking of sticking a money claim online against ParkingEye. They have issued a pcn incorrectly against the vehicle which wasn’t there, and I can prove it. That meant I incurred a £30 fee due to their actions. I reckon it’s winnable even if they appear in Court. Oh, and Parking Eye have been paid their £60

I lease a van. Just received a PCN from parking Eye stating I entered London Gateway Services at 06:45 am and left at 16:08 pm on 15/01/18. The leas company have paid this straight off with a £30 admin fee on top. I was there, had a coffee, but left shortly after to do a days work which consisted of ten calls all over North London. I then called in on my way home for a brief natural break. Their cameras clearly did not register me leaving in the morning. Every one of my calls is time stamped and GPS noted and I also wear a CCTV camera which I hope will show my van nowhere near the Services between the times shown. Because I have only just got this on the 19.01.18 (takes that long to get through the lease company) its outside the 28 day period. I am now thinking of a Moneyclaim online for the full £90 with my evidence. Thoughts anyone?

Just to warn everyone, My partner has just received a couple of letters from Aqua cards. One of them states that they have registered a default against her. Two paragraphs are very odd: We are required to notify you before we register a default. However we have not sent this information and we want to make sure you are aware that this has taken place. If you believe that you have suffered any detriment as a result of us not telling you before we registered the default , please let us know. We also believe that we have not sent you a default notice when required. Please read the enclosed default notice carefully as it provides you with information about why you have received it and the impact on your credit agreement, and your credit file. Please accept our apologies for failing to tell you before we registered a default and failing to provide you with the relevant notice as required. The thing is, my partner has been making regular payments against her account for over two and a half years as originally agreed with Aqua , after having cancer. She' never missed a payment. She has phoned Aqua and they are in a bit of a panic. The woman on the other end said "We'll have to call you back, we dont know why these notices have been issued. We have only become aware because the phone has been ringing off the hook with customers in the same position as you" So it appears there is a glitch in their system, that nobody can get to the bottom of yet and defaults are being issued wrongly.

Just had a phone call from R***tons. Asked for all my "security details". Then asked me to withdraw my defence. Told them this is statute barred. He thanked me and ended the call. Normal for a case they are so confident of winning?

I am one hundred percent certain I have not made this payment. I have my experian credit report and nothing is shown regarding this matter. I am loathe to contact cabot in case it opens the floodgates again. My only worry is if restons proceed to Court, I wont get a chance to challenge cabot regarding who took this phantom payment, where, by what method, and why does it not show on my Credit file ? Restons want a reply by the 25TH June.

Thanks Dx, I will sit tight.

These people have written to me again. The general gist of it is: You state that you have evidence that this matter is statute barred, but have failed to provide evidence of this. We maintain that our client states you made a payment on blah blah. We are confident that this matter will be proved if put before the Court. Please fill out this form or contact us.. This is a summary because I am away from home. Thoughts anyone. Should I contact Cabots ie SAR ? Thanks

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?

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.

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.

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.

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.

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

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?

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

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

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

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

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, you are right . It actually says " We ask you to pay the sum of £XXXX direct to this office by Wednesday February 25th, failing which, we have instructions to issue a Claim against you in the County Court for the full balance due plus any continuing interest, fees and costs that the Court may award our Client" I have applied for a copy of my Experian Credit Report. As it happens , I have found all the old paperwork, including returned cheques and non compliant paperwork. This includes a set of old statements showing some P.P.I payments running at up £51 a month. As you say, Im going to hold all this in reserve and use in any defence, Thank you for your help Glennyboy