Re- Cabot Finance

cupcake87

My nephew had a finance agreement back in March 2008, I always deal with it for him and as far I can remember we have not paid anything until 2008.
This original amount was £3225 we paid £75 up front and it was £75 for 42 payments. The course was a joke and he only lasted until June. He has just had a claim form from the County court through Wright Hassall LLP on behalf of Cabot, so I have done a Statute barred letter from this site, when I suddenly noticed the amount is £2480 which means they are saying we have paid £670, well not to my knowledge that would mean we have paid at least 9 payments, I cant find anything through my bank. now I'm panicking about sending the Statute barred letter, because it would be considered contact.
Thank you
Kim

DandelionPatrol

cupcake87 wrote: »

My nephew had a finance agreement back in March 2008, I always deal with it for him and as far I can remember we have not paid anything until 2008.
This original amount was £3225 we paid £75 up front and it was £75 for 42 payments. The course was a joke and he only lasted until June. He has just had a claim form from the County court through Wright Hassall LLP on behalf of Cabot, so I have done a Statute barred letter from this site, when I suddenly noticed the amount is £2480 which means they are saying we have paid £670, well not to my knowledge that would mean we have paid at least 9 payments, I cant find anything through my bank. now I'm panicking about sending the Statute barred letter, because it would be considered contact.
Thank you
Kim

Contact does not reset the Statute Barred clock. The 2 things which do are

• an admission in writing [so use the templates on Debt Free Wannabes]
• A payment from the debtor

cupcake87

Thank you for your reply, that's put my mind at rest.
Kim

cupcake87

We've had an update. They are saying a payment was made 4th December 2010 which makes it not Statute barred, now I'm trying to find out if its true. But they're saying the court thing will go ahead so there isn't enough time before the deadline.
Kim

adamkonitz

From whose account, via what method, what proof is there that payments were made, are there account/reference numbers available, copies of receipts?

All questions you need to be asking - DCAs have a habit of 'inventing payments' to try and circumvent the SB clock.

cupcake87

Thank you I will be asking all the questions. What about the court this will it go ahead.
Kim

cupcake87

Can anyone tell me is there template letter for asking for proof they had received a payment. I've checked my bank my nephews and my old credit card, I did have another card years ago that I'm going to try and check, but I've so far not found a payment for 2010.
Thank you
Kim

rizla_king

https://www.legalbeagles.info/forums can probably help with disputing the payment. Theyve seen a lot of similar cases.

cupcake87

Thanks I'll give it a go.
Kim

adamkonitz

cupcake87 wrote: »

Thanks I'll give it a go.
Kim

Try Consumer Action Group as well as Legal Beagles - both sites are highly familiar with the 'phantom payment' trick that DCA try to pull to circumvent the statute-bar clock.

National_Debtline

adamkonitz wrote: »

Try Consumer Action Group as well as Legal Beagles - both sites are highly familiar with the 'phantom payment' trick that DCA try to pull to circumvent the statute-bar clock.

Hi Kim


We too come across an awful lot of these cases where a one-off payment has supposedly been made within the six-year period. It may be that they hope you'll be discouraged from exercising your right to defend the claim.


On a separate note, now that they have issued a court claim, it doesn't really matter whether you inadevertently acknowledge the debt or not at this stage. If the debt is already statute barred, it will remain so regardless of what happens after the six years have elapsed. It will now be a matter of defending the claim as appropriate and, hopefully for you, getting it dismissed.


Please ensure now that you are filing the relevant forms with the court and not simply corresponding with the claimant, as that alone won't guarantee court action being stopped.


Dennis
@natdebtline