Cabot on 6years Plus Debt

Evil_Ferret

Well today is the 22nd day from the letters I sent out about the debts being statute barred. I have recieved no proof from any of the letters I sent. Other than 1 letter saying about the default date. Do I now need to send them another letter saying due to the fact nothing has been sent complaints will be made to the fsa? For each letter.

I had even more letters from smaller debts the ex has ran up from sky £30 its mental as until they go to dca I never get anything about them.

sourcrates

Evil_Ferret wrote: »

Well today is the 22nd day from the letters I sent out about the debts being statute barred. I have recieved no proof from any of the letters I sent. Other than 1 letter saying about the default date. Do I now need to send them another letter saying due to the fact nothing has been sent complaints will be made to the fsa? For each letter.

I had even more letters from smaller debts the ex has ran up from sky £30 its mental as until they go to dca I never get anything about them.

You can't make individual complaints to the FSA so I would just hang on for now and see what happens.

Evil_Ferret

OK I had a letter back today saying I made a payment on the 29/03/2010. I was homeless at this point with no back account. And they are saying the debt is enforcement. And would I like to drop my defence and accept repayments.

The date on the letter of the statute barred letter is for the 11 way past the 21days for them to provide proof.

How do I respond to this?

fatbelly

Same advice as everyone has already given you.

The ball is in their court still. If they want to start a claim, you will defend it.

They say you last made a payment 29/03/2010 and it was defaulted in Sep 2010.

You say you last made a payment in 2009.

Even on their dates, they only have till the end of next month to start a claim.

Evil_Ferret

So nothing I can really do to ensure it hits that date? Just worried they are going to try and steamroller me. I really have very little.

Evil_Ferret

ok i had a court claim pack in

for the 429.03 Debt from Cabot which is what Restons withdraw from after the statute barred debt letter i sent them. I literally heard nothing about this since restons replied and now it appears Mortimar clarke has picked it which which is internal to Cabot.

How do i fill this to the court that i dispute it? This debt is over 6 years old and they havent even made a claim that the debt on this one is still valid like they did with the £1000 one which they claim the 6 yr date was 29/03/2016

please please help i am going to loose my home again

sourcrates

Evil_Ferret wrote: »

ok i had a court claim pack in

for the 429.03 Debt from Cabot which is what Restons withdraw from after the statute barred debt letter i sent them. I literally heard nothing about this since restons replied and now it appears Mortimar clarke has picked it which which is internal to Cabot.

How do i fill this to the court that i dispute it? This debt is over 6 years old and they havent even made a claim that the debt on this one is still valid like they did with the £1000 one which they claim the 6 yr date was 29/03/2016

please please help i am going to loose my home again

So this is the same debt you posted about before, which Cabot have now offloaded to Mortimer Clarke, is that correct ?

If you have received a claim pack its important that you complete it and respond within the time frames.

Your defence is simple, the account is statute barred, you should defend it on that basis, you are not going to lose anything, its important not to panic here, the very worst that can happen is a CCJ you pay back monthly, at a rate you can afford.
If the debt is SB, then nothing can change that fact.

I think you would benefit from posting on Legal Beagles, they are much more geared up to deal with issues of a legal nature, and have a particular fondness for dealing with Cabot/Mortimer Clarke/Lowell, Restons, they have successfully dealt with them before !!!


Link here :


http://legalbeagles.info/

fatbelly

You're not going to lose your home. They would have to get

1. a ccj
2. a charging order
3. an order for sale.

Even if they got 1 & 2 they cannot get 3 on a debt below £1000

Your job now is to stop things getting to stage 1

I agree with Sourcrates. Specifically where you should ask for help is

http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

Evil_Ferret

yeah if i get a CCJ then thats the end of employment for me as well.

even low level call centre jobs have credit checks now

fermi

Even if you get a CCJ, if paid in full within once month of the eventual judgement date then the CCJ is cancelled and does not go on your credit report.

I agree, get on legalbeagles and get a opinion. Then if you want to defend get a defence in on the SB issue and demanding proof of any payment they alledge