We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
Claim form defense letter - CCJ

Jelly_Jello
Posts: 2 Newbie
I'm searching for some help. I have had a claim form through from Cabot over an alleged debt that isn't mine.
The back story in 2021 I noticed a default on my credit file for a cc it was less than £50 so I called them to clear it as i think i forgot to cancel the cc from 2017. Once i was on the phone they started to tell me i had another debt from 1997 and 1984- btw i was 33yrs old when i contacted them so i'm not old enough for these alleged debts. Once i verified by age they stated it was a miss trace and i asked for this in written writing because it was for 16k. The letter I received was misleading and contradicted the telephone conversation. I logged a complaint with them and they responded that the account was a child account but couldn't provide any more info. I didn't hear anything again until 2023. They sent me a further letter asking me to set up a payment plan. I again wrote to complain and asked for proof of these debts and advised them they were not mine.
The response was the account was opened in 1997 as a child account and a loan was taken out in 2014 and that they have a written letter of an address change for me.They claim a deposit of £30 was made to the debt but did not have any further information on this £30 balance they claim it was made before they purchased the debt.
I then stupidly ignored them because in 1997 I would have been 8 and I thought this was some kind of scam. The responses so far have been all the same with no facts. There was no mention of the debt from 1984 too. My parents claim they have never opened up a child account for me and they have never had letters.
Last week I received a claim form in the particulars of claim it states the following
By agreement between RBS and the defendant. RBS agreed to issue the defendant with a current account in 1997 and a unsercured loan in 2014. The defendant failed to pay the balances and agreement was terminated. The agreements were assigned to the claimant on 29/11/2019 to Cabot.
I didn't look on any forums in the past when i was responding to them because i know this doesn't belong to me and now i feel very deflated because it's gone this far and I stupidly didn't seek any advice.
For my defence I have written about my age, zero proof from Cabot of what type of agreement it is they even have. I've cited the Consumer Credit act in because they never sent me any previous letters of default. They also sent this claim form to my previous address not my current address so it may be letters have been missed.
Is there anything else I can add to make this water-tight I'm hoping a judge will see the age of the accounts and know it can't be me but even so i would like a watertight defence draft because i do not want this company to contact me again.
The back story in 2021 I noticed a default on my credit file for a cc it was less than £50 so I called them to clear it as i think i forgot to cancel the cc from 2017. Once i was on the phone they started to tell me i had another debt from 1997 and 1984- btw i was 33yrs old when i contacted them so i'm not old enough for these alleged debts. Once i verified by age they stated it was a miss trace and i asked for this in written writing because it was for 16k. The letter I received was misleading and contradicted the telephone conversation. I logged a complaint with them and they responded that the account was a child account but couldn't provide any more info. I didn't hear anything again until 2023. They sent me a further letter asking me to set up a payment plan. I again wrote to complain and asked for proof of these debts and advised them they were not mine.
The response was the account was opened in 1997 as a child account and a loan was taken out in 2014 and that they have a written letter of an address change for me.They claim a deposit of £30 was made to the debt but did not have any further information on this £30 balance they claim it was made before they purchased the debt.
I then stupidly ignored them because in 1997 I would have been 8 and I thought this was some kind of scam. The responses so far have been all the same with no facts. There was no mention of the debt from 1984 too. My parents claim they have never opened up a child account for me and they have never had letters.
Last week I received a claim form in the particulars of claim it states the following
By agreement between RBS and the defendant. RBS agreed to issue the defendant with a current account in 1997 and a unsercured loan in 2014. The defendant failed to pay the balances and agreement was terminated. The agreements were assigned to the claimant on 29/11/2019 to Cabot.
I didn't look on any forums in the past when i was responding to them because i know this doesn't belong to me and now i feel very deflated because it's gone this far and I stupidly didn't seek any advice.
For my defence I have written about my age, zero proof from Cabot of what type of agreement it is they even have. I've cited the Consumer Credit act in because they never sent me any previous letters of default. They also sent this claim form to my previous address not my current address so it may be letters have been missed.
Is there anything else I can add to make this water-tight I'm hoping a judge will see the age of the accounts and know it can't be me but even so i would like a watertight defence draft because i do not want this company to contact me again.
0
Comments
-
Duplicate thread, on wrong board.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 349.6K Banking & Borrowing
- 252.5K Reduce Debt & Boost Income
- 452.9K Spending & Discounts
- 242.5K Work, Benefits & Business
- 619.2K Mortgages, Homes & Bills
- 176.3K Life & Family
- 255.4K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 15.1K Coronavirus Support Boards