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Cabot/Morimer Clarke - claim now statute barred

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  • Cabot/Morimer Clarke - claim now statute barred

    Hello there I hope you can give me some advice. A claim was made against me on 6/08/2014 by Mortimer Clarke/Cabot in relation to a Vanquis account. It was my belief that this debt was statute barred and informed them of so and filed my defence to this affect. The claim was stayed and was told no further action would be taken as they were waiting for documentation from their client to prove otherwise. I have received a letter from Mortimer Clarke today stating that the last payment made towards this debt was on 31/10/14 and therefore as the claim was issued against me on the 6/08/14 the debt is not statute barred and are entitled to enforce the debt. As the debt is now statute barred are they able to enforce it given the original claim was issued on 6/08/14? Please can you advise on what I should do!! Many thanks
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  • #2
    Re: Cabot/Morimer Clarke - claim now statute barred

    Originally posted by pebbles1 View Post
    Hello there I hope you can give me some advice. A claim was made against me on 6/08/2014 by Mortimer Clarke/Cabot in relation to a Vanquis account. It was my belief that this debt was statute barred and informed them of so and filed my defence to this affect. The claim was stayed and was told no further action would be taken as they were waiting for documentation from their client to prove otherwise. I have received a letter from Mortimer Clarke today stating that the last payment made towards this debt was on 31/10/14 and therefore as the claim was issued against me on the 6/08/14 the debt is not statute barred and are entitled to enforce the debt. As the debt is now statute barred are they able to enforce it given the original claim was issued on 6/08/14? Please can you advise on what I should do!! Many thanks
    Once a debt is statute barred, it cannot be 'un-barred' even with a payment, but there should be at least 6 clear years without a payment or written acknowledgment at the time the claim is issued.

    Did you actually make a payment on the 31st of October 2014, AFTER you received the claim? :noidea: :confused2:

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    • #3
      Re: Cabot/Morimer Clarke - claim now statute barred

      Hi - I have not made any payments and the debt is now statute barred. However, they are saying that the debt wasn't statute barred when they made the claim against me as I thought it was- (claim is currently stayed). They have sent me a Vanquis statement as proof and are stating the debt is enforceable. Is this correct or can they no longer persue as the debt is now statute barred.

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      • #4
        Re: Cabot/Morimer Clarke - claim now statute barred

        The " 6 year clock " stops on the date the claim is issued by the court even if it is only 1 day prior to the SB date.
        So the debt in this case is not Stat barred. The stay is of no effect, the claim was issued in time.

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        • #5
          Re: Cabot/Morimer Clarke - claim now statute barred

          If the claim was made even on the day before the debt becomes SB the clock is stopped and the claim stands and the debt is not SB.
          Yes they can pursue to judgement.

          Comment


          • #6
            Re: Cabot/Morimer Clarke - claim now statute barred

            Thank you for your advice. I will contact them and discuss options etc.

            Comment

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