Cabot claimform - debt is SB they agree, but its almost defence filing time?

[TRUEBLUE1]

Hi there I had a old outstanding debt from 2008 that has gone through various collection companies and at no point have acknowledged them.

 

It is now held by cabot who have instructed their solicitors to make a county court claim i intended to challenge the claim based on the debt being statute barred and so filled out the acknowledgment of service giving me time to challenge this.

 

I have since received a reply from cabot who have agreed that it is now statute barred and they will cease any further collections of the debt and Also inform there solicitors to stop any collections.

 

The problem is that the 28 days is up on Tuesday and im worried that the solicitors wont stop the court proceedings in time and i will end up with a ccj .

 

Does any one have some advice please on what to do next. Cheers.

[renegadeimp]

Cabot has it, then its UE. Especially if its been passed around.

 

Are you sure its SB? Only use that defence if youre absolutely sure.

 

Until you get confirmation from the court, do NOT believe cabot or their solicitors. Their usual trick is to make you think its cancelled but they still continue through with it and get a judgement by default.

 

Follow ALL the courts timelines and procedures until you get confirmation from them that the claim is discontinued.

 

If the debt is SB, and youve used that defence, then they havent a hope in hell of winning anyway.

[TRUEBLUE1]

Hi there this is the back end of the email i received regarding me challenging them about it being statute barred.

 

My investigation

 

 

Cabot became the legal owners of your account in January 2010 and a Notice of Assignment was sent to the address supplied by Vanquis of on 26 January 2010 confirming this. We continued to contact you by letter and telephone but did not receive a response. Your account therefore continued through our collections process and our tracing team located your current address in August 2011. Again, we attempted to contact you at the address and by phone but still failed to receive a response. Our agents Robinson Way and Fidélité also attempted to collect on the account, but were unsuccessful.

 

 

 

As your account exhausted our collections strategy, it was therefore escalated to our litigation strategy. We sent you letters on 05 and 20 November 2016 asking you to contact us before 04 December to prevent any further action being taken. As we did not receive a response, your account was placed with MCS to manage on our behalf on 20 December; another letter was sent to your current address confirming this.

 

With regards to your concerns regarding the account being statute barred, upon review of our records I can confirm this to be true. Cabot has not received any payments or acknowledgement of the debt since our purchase. We therefore acknowledge that the debt is time barred and so governed by the Limitation Act 1980. Under the Financial Conduct Authority Consumer Credit Source Book, it is accepted that legally the debt still exists but that the collection of these debts must in no way be contrary to sections 40 (1) of the Administration of Justice Act 1970. As we cannot enforce the debt, I have arranged for the account to be returned from MCS and we will cease any collections activity. The Claim will not continue.

 

 

 

Conclusion

 

 

 

I am sorry that you have had cause to complain to us.

Edited February 17, 2017 by TRUEBLUE1

[dx100uk]

have you still got the claimform front sheet with the MCOL password etc?

[TRUEBLUE1]

Hi there i redponded to the claim form online and i still have the password to get in to the claim details.

[dx100uk]

then IMHO I would file the SB defence we have here

what was the date on the top right corner?

[TRUEBLUE1]

then IMHO I would file the SB defence we have here

what was the date on the top right corner?

 

The date says the 24th jan 2017.

[dx100uk]

so not due till/by Friday 24th at 4pm.

 

 

i'd let it run for a week

see if you hear anything FROM THE COURT

should be a notice of discontinuance

[TRUEBLUE1]

Ahhh thanks for that i was told by their solicitors it was up next tuesday .

 

If on the off chance nothing gets updated

do i complete the defence form that says i challenge all of the debt.

 

 

Cheers

 

And thanks for your help by the way.

[dx100uk]

its 33 days from the date on the claimform

whereby that date is day ONE of the count

 

 

in your instance that falls on a w/end

so you must file by 4pm on the Friday before.

 

 

you DONT use the form at all

 

 

do it on line

when/if you need our SB defence

just post here and ask for it

 

 

dx

[TRUEBLUE1]

Thanks very much for your help.

[AndyOrch]

I would submit it now..its statute barred....dont wait for them to discontinue .....kill it now and then you can relax over the weekend.

 

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 total claim amount)or any other sum, or relief of any kind is denied.

 

 

 

Andy

[panther12]

As they have confirmed it's SB there's no need to wait to submit the defence. They might not discontinue the claim untill it has been officially allocated to the small claims track, otherwise they may be liable for your costs up to the point of discontinuance.