Seeking advice regarding 10 yr debt & CCJ's

fatbelly

The judge asked cabots solicitor about a piece of evidence- a screen shot of my account details. He pointed out that they hadn't provided any statements even thoughon the screen shot there was a 'statements' tab. He basically said they had not provide sufficent evidence, and asked the solicitor/cabot to supply transaction details by the 9th of September to the courts and myself. I will then be given the opportunity to put a defense in. I questioned that I believed that my payments had stopped by 2009, but I had no proof apart from the dates supplied by capital one.

So basically I have to hope the date is 2009 and Cabot give up. I have a feeling they won't, so I will need to build a defense ready for the 23rd of September (date I must file in court).

Good. It looks like the judge was more than half awake.

Of course they are withholding information about your payments as there is a six-year hole in them!

You cannot prove a negative - they have to prove a positive, i.e. that you did make payments between 6/1/2010 and 6/1/2016 (when the claim was issued).

So have a careful look at what they produce - internal payments (and they may have some obscure three-letter acronym on them) do not count as an acknowledgement by you - but I've seen some judges fooled into believing that they do.

So far, so good.

Violet1811

Thanks Fatbelly and Sourcrates.


I hope you're both right and the transactions show something in 2009, so I can prove statute barred, although I feel the judge may turn round and say that it must be paid, I really couldn't read him, and he did ask if I admitted the debt....who knows.


Can I just ask Sourcrates how do I form a statute barred defence? The solicitor as we were leaving said I would put together a witness statement/evidence like Cabot/Mortimer Clarke did, so if that is the case I can copy the formatting. Are templates available online?


Also Fatbelly- I'm not sure I understand the internal payments, but I will look out for these when the evidence arrives


Again thank you everyone for the help in explaining everything and encouraging me to go forward with this

Violet1811

Little bit of an update for you all....so Cabot had to provide evidence to the court and me by the 9th of September, I received nothing. I called the court on the 12th and apparently it takes 10 days for communication to be processed, I was advised to send a letter stating I had received no communication.


Called the court again this morning, and apparently they have received my letter, but the lady on the phone was unable to tell me if Cabot had sent any letters as they could still be in the 10 days process. My letter has been sent to the judge. I've been advised to call the court again next week.


So......I presume Cabot may not get back in touch, but I will be left with the court fee's of £120, however, I would rather that than anything else....

fatbelly

So far so good then...

sourcrates

Please let us know how this pans out, as very often people forget to update threads, and it's nice to know if it was a positive outcome or not.

Violet1811

Hi fatbelly and sourcrates,


I will let you know what happens, and hopefully all the advice you have given me will also help others. Noticed quite a few threads with Cabot as a topic heading, so I'm not sure if they are on a mission at the moment buying up lots of old debts, who knows...

Violet1811

Just got home, and found a letter in the post from Mortimer Clarke Solicitors who were acting on behalf of Cabot.


The letter states that the client (Cabot) has instructed them to discontinue proceedings and to close the file, they have also attached a notice of discontinuance, I presume a copy will go to the court as well, but I will double check in due course (after the 10 day process).


Thank you all so much for all your advice and support, you all got me through this. I am really pleased, although part of me does feel annoyed that Cabot were clearly trying it on as such. They provided no evidence (blanked out dates on the evidence they did provide), which the Judge thankfully noticed straight away.


I suspect I will have to pay the £120 court fee's/solicitors bill for Mortimer Clarkes representative, but in the grand scale of things I can scrape that money together and move on.


Here's to attempting to build a better credit rating in the future and not getting myself into this mess.


Thanks Everyone

Bonfire_Bride

Great outcome! Well done!

sourcrates

Excellent result very well done !!!

Violet1811

Thank you! Honestly without this forum I would have been lost, I can't thank you all enough xxx