Debt - Statute Barred?

sourcrates

Money18 wrote: »

Ok thank you Fatbelly I'll send it tomorrow..

I know your keen for an answer to this, but asking debt charities won`t get you that answer, non of them give legal advice, so its pointless posing the question to them.

Money18

sourcrates wrote: »

I know your keen for an answer to this, but asking debt charities won`t get you that answer, non of them give legal advice, so its pointless posing the question to them.

Thank you Sourcrates. I'm posting a SAR request to Cabot. I also posted on Legal Beagles as you suggested but only had one person reply who just wrote "Set Aside Application" with link https://legalbeagles.info/library/how-to-set-aside-a-county-court-judgment-ccj/

I think they didn't read my post properly though as he later asked for clarification if the CCJ had been obtained and that Set Aside process seems to be for only after a CCJ has been obtained. I haven't yet had a definitive answer on Legal Beagles.

Money18

Hi I wrote a SAR request letter to Cabot and they replied with the letter below..

https://www.dropbox.com/s/zbals4xadnwsk1q/SAR%20Cabot%20Reply%20-%20Edit.png?dl=0

Stating as below..

"We treat the security of our customer’s data very seriously, therefore we need to verify your identity before we can continue with your request. Please call us on 0344 556 0242 for us to complete additional verification with you.

Alternatively, you can supply a copy of one document from the list:

Proof of Identity
Passport
Driving Licence
Inland Revenue Tax Notification

Proof of Address
Driving Licence (if not used for
Personal Identity)
Utility Bill (dated within 90 days)
Bank or Building Society Statement
Mortgage Statement
Confirmation of address from the electoral register Local Authority Tax Bill (current year)"

Is this normal? Is there any risk in providing the requested document copies.. and if so, how should I proceed?

Is there a way to check with the court if the CCJ claim is still 'live' in the court system without getting the claim number from Cabot?

Thank you

Willing2Learn

Hi Money18,

The ICO issued guidance on this to organisations:

Can we ask an individual for ID?

If you have doubts about the identity of the person making the request you can ask for more information. However, it is important that you only request information that is necessary to confirm who they are. The key to this is proportionality.

You need to let the individual know as soon as possible that you need more information from them to confirm their identity before responding to their request. The period for responding to the request begins when you receive the additional information.

Basically, Cabot are correct in their assertion that your identity needs to be verified before they process your SAR.

Money18

Thank you Willing2Learn

Is there any risk in providing the requested document copies.. and if so, how should I proceed?

Is there a way to check with the court if the CCJ claim is still 'live' in the court system without getting the claim number from Cabot?

Thank you

Willing2Learn

I believe that sending them the two verification documents (proof of ID and address) would NOT constitute acknowledgement of an account.

I do not know the answer to your second question. Sorry...

fatbelly

They're very clear that you owe them money and that they started a court claim against you (but won't give you the detail on that).

You're not going to be able to locate their alleged court claim without the reference and they are in no hurry to provide it.

Now they want you to prove who you are.

I'd be inclined to remind them that 'I take my data very seriously' and 'I don't intend to show you any further documents.'

You could adapt my earlier paragraph:

If you are confident in your position that 'the account is no longer subject to the Limitation Act' (note Limitation is singular not plural as in your letter) then you should continue the court claim that you believe is still valid and active, and I will defend it.

Money18

Hi Fatbelly thank you for your reply. I'm just worried that if I call their bluff and they do still have a stayed claim that they will indeed proceed and the last thing I need right now is the headache of defending a claim.

A Beagle forum solicitor confirmed that: "If it was struck out / withdrawn / discontinued then the clock carried on and assuming no payments or acknowledgment was made then it would now be statute barred.

However if it is still in the court system they can argue issuance of the court proceedings has kept the clock on hold."

They also advised to Check the status of the claim with the court first - struck out / withdrawn / discontinued - or stayed / on hold?

If I'm not going to be able to locate their alleged court claim without the reference then I think I need to get hold of all the info they have on me to see if the court claim letter is included.

And I'm guessing they won't give me the info I requested without the copies of documents they're requesting..

So I'm wondering Is there any risk in providing the requested document copies.. and if so, how should I proceed?

And also if I need to send the SAR request letter to their MCS solicitors - as they may send me the court claim letters and not Cabot?

Money18

They finally sent the SAR documents..

They sent: 

• Notice of assignment
• Copy of Court N1 form issued
• Summary of the alleged account

Notice of issue of claim - if by this it is meant a letter threatening court action by the solicitors before the claim was issued - they sent this.

I notice some of their recent letters offering a discount on the total amount they claim is payable were not included - does this matter?

They did not send (as requested):

• Copy of the credit agreement - they said I should contact the original lender for this.
• Notice of default
• Copies of all documents evidencing the steps taken by the claimant’s representatives to verify that the address used to serve me was my address/last known address at the date of purported service
• Copies of any applications made to extend the time for service after becoming aware that I was not residing at the address used at the time of service

I was told to ask for the last 2 items seeing that I had already moved address when they sent the claim form and so I could potentially argue that they did not properly serve me, so then the claim could be struck out, which would mean the claim would then be statute barred and it could not be pursued.

 - Is this correct?

I called the court and they said that the claim was Stayed Oct 2013. 

Claim form was issued April 2013.

The claim form was returned "Does not live here, no more junk mail" and the court said a 3rd party called to say that I didn’t live at that address. I moved out in 2012.

Notice of Assignment to Marlin was on Dec 2012 - letter from original lender dated Jan 2013 - which said the amount outstanding on your account as at December 2012 was £2,883.

The court claim was for £3,308 and I note they state the outstanding balance now is £3,779.63..

 - Are they allowed to do this since the original lender terminated the agreement and the sum outstanding at default was £2,883?

Should I contact the original lender for the Copy of the credit agreement now?

If submitting a court claim resets the clock, and the claim was issued in April 2013, does this mean that the debt is now statute barred as it has been 6 years since 2013?

What would you suggest I should do next?

Money18

Anyone here know the answers to above?