Mortimer/marlin/cabot - vanquis 'debt' ** Claim Form Now Received **

[Skop123]

Hi

When I spoke to national debt line they said it was statute barred but obviously cabot disagreed and said it wasn't as the default on account was over a year after last payment.

So I'm really not sure which is the best defence to submit.

Skop

[BRIGADIER2JCS]

Hi

When I spoke to national debt line they said it was statute barred but obviously cabot disagreed and said it wasn't as the default on account was over a year after last payment.

So I'm really not sure which is the best defence to submit.

Skop

 

 

Cabot are wrong, no doubt they will be relying on the Appeal Court Judgement BMW Finance -v - Hart which was in regard to an

Hire Purchase Agreement not a simple contract.

 

 

Reference for SB on CCs and unsecured loans 6 years with no payment or unequivocal written admission of the alleged debt.

[Skop123]

Ok well no payment since June 2008. So defence will be statute barred then. Is defence in #98 ok ?

Thanks

Skop

[BRIGADIER2JCS]

Ok well no payment since June 2008. So defence will be statute barred then. Is defence in #98 ok ?

Thanks

Skop

 

 

 

In my opinion yes.

 

 

Others will likely disagree.

[AndyOrch]

I would agree also see post #28 here :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?432482-Carter-lowell-Claimform-very-old-Co-Op-Card-Debt/page2

 

Regards

 

Andy

[Skop123]

Hi

Before I submit my defence I wanted to recheck all the paperwork and what I noticed was that in the telephone records I was spoken to on the 25th September when I informed Vanquis I was made redundant. So even though the last payment to them was 4th June 2008 my contact was in September so does this affect the statute barred defence in the fact that I should submit my defence on 25th September.

Thanks for advice

skop

[AndyOrch]

Clock stopped ticking on the 3rd Sept (when the calim was issued) so makes no odds...you could have submitted your defence the same day as acknowledgement as I advised earlier.

[Skop123]

Can i not still acknowledge and submit defence today ?

[AndyOrch]

Can i not still acknowledge and submit defence today ?

 

Yes

[Skop123]

Sorry I'm a bit confused. Do I have to acknowledge claim first or can I just complete the defence on its own ?

Thanks

[AndyOrch]

MCOL wont let you skip acknowledgement and proceed to defence...you must acknowledge service its part of the judicial process.

[Skop123]

Hi

I have just acknowledged service and I am about to add my defence as in #98.

Is this all I need to add ?

Thanks for the help

Skop

[ims21]

Hi

I have just acknowledged service and I am about to add my defence as in #98.

Is this all I need to add ?

Thanks for the help

Skop

 

Sorry for the short answer but "Yes"

 

Submit defence and then you wait.

[Skop123]

Thanks. All done.

[Skop123]

Hi I have now received a letter from Mortimer Clarke Solicitors telling me that as the agreement was terminated on 30/09/2009 which means therefore proceedings were issued within the 6 year limitation period and so the claim is not statute barred and that if I disagree then I need to explain why.

 

Advice on what to do next would be much appreciated

Thanks

Skop

[oleg]

"Need to explain why", my ****.

 

Attempting to intimidate you and cast doubt in your mind.

 

Best thing you can do at this stage is nothing at all. They are desperate for you to cave in. Don't fall for it.

[BRIGADIER2JCS]

"Need to explain why", my ****.

 

Attempting to intimidate you and cast doubt in your mind.

 

Best thing you can do at this stage is nothing at all. They are desperate for you to cave in. Don't fall for it.

I have no doubt (because Cabot have done it before) that they are rely on a recent case in the appeal court regarding an hire purchase debt where it was judged that the 6 year limitation starts at the default date.

Here MC are referring to the "termination date" which can be some time after the debt was defaulted.

This is a debt in simple contract so the LA 1980 6 years began when a contractual payment was due and not made after which no further payment or written acknowledgment was made.

 

 

I would inform Cabot/MC that you reject their theory and the debt is SB and you are not paying.

[AndyOrch]

"as the agreement was terminated on 30/09/2009 which means therefore proceedings were issued within the 6 year limitation period and so the claim is not statute barred and that if I disagree then I need to explain why?"

 

 

[Skop123]

hi

This is my reply to MC

 

To Whom it may concern,

I disagree with your decision that this claim is not Statute Barred. The last payment made on this account was the 04/06/2008. The default notice placed on this account was just a procedure and therefore you could of taken action sooner with regard to the default notice being placed on the account and not 15 months after the last payment was made.

I would also like to point out that on the 23rd July I sent out a formal request pursuant to s 77/78 of the consumer credit act 1974. I am still waiting for a response from yourselves

 

Is this ok to send ?

Many thanks

Skop

[AndyOrch]

I personally wouldnt reply....when claimants start to communicate and ask questions after a defence has been submitted its usually a fishing exercise...they are Solicitors its not for you to explain how the statute of limitations works...if they think different then let them proceed to trial.

 

Andy

[Skop123]

Hi

They have also sent me a letter offering a reduced payment of 40 % discount. If I agree with it they will send a Tomlin Order !

I of course will ignore this one too !

[Guest]

yeah, prob no need to communicate with them atm.

(you've already sent them that sb letter prior telling them last payment was xx/xx/xx and is therefore barred. so that 'satisfies' their letter #115 anyway.)

[Skop123]

Ok thanks I will ignore it.