Results 1 to 6 of 6

Thread: Cabot & Restons - claim made but no agreement and statute barred before date of claim

  • Share
  • Thread Tools
  • Display
  1. #1
    DillPickles's Avatar

    Junior Member



    Joined
    Jun 2015
    Posts
    3
    Mentions
    0 Post(s)

    Question Cabot & Restons - claim made but no agreement and statute barred before date of claim

    Afternoon, without wishing to divulge too much information (as this is public) what is folks opinion on this.

    Scenario: credit card held, defaulted, repayments made through the CCCS ( as was). After some time, I was unable
    to make repayments via the CCCS, the last payment to them, via the CCCS was 1/2/08.
    In September 2009 Cabot wrote to me, requesting payment; there had been no notification of assignment
    from Cabot or the original lender.

    Between 2008 and February 2014 I never acknowledged the debt with Cabot. I also, during that period, requested
    a copy of an agreement, details of the assignment. They were unable to provide this and retuned my £1 postal order.

    In March 2014 I then got a couple of letters from Drydens, replied accordingly ie. I don't acknowledge this debt, show
    me an agreement etc. I then got a few more standard 'you must pay' letters from Cabot.

    In November 2014 Restons appeared, threatened court action, they got my standard reply. However, they issued
    a claim in December 2014.

    I followed procedure and filed a defence (broadly it is statute barred [6 years 10 months from last payment to CCCS and date of claim]) and the
    claimant has no agreement in any shape of form, although they did send me what they said was an agreement, but it's not (I do not wish to disclose
    why, in a public forum as I have evidence I've since found since submitting my defence to the claim). I even quoted Cabot's own letter from about 2009 when they returned the postal order ie 'we don't have it, but this could be it'.

    Since December 2014 I've asked Restons for a copy of an agreement. They signed the claim form to say they believe it's all true, so one
    would assume they would have the evidence to support the claim.

    Their reply has been along the lines of 'we are waiting for Cabot to find it' and also 'please withdraw your defence and admit the claim'

    So my questions are:

    1. How long can this state of limbo exist ie, they've made a claim, I've filed a defence and they've decided not to proceed?
    2. What are my chances of having this claim struck out?
    3. If my chances (based on what I've outlined) are good, is there mileage in just asking the court, rather than the actual process for that?
    4. Or does a claim have a lifespan which means it will just cease eg after a year and a day; although I'd rather not have this pending

    Thanks

    DP

  2. #2
    nemesis45's Avatar

    VIP Member



    Joined
    Nov 2014
    Posts
    14,624
    Mentions
    1632 Post(s)

    Default Re: Cabot & Restons - claim made but no agreement and statute barred before date of c

    Hi DP welcome to LB

    Standard Cabot /Reston letters.
    Without seeing the letters/ alleged agreement it is difficult to advise fully.

    Do you mean This claim has been formally discontinued or that Cabot/Reston have not
    responded to your defence and the court has " stayed" the claim?

    If you believe that the latter (stayed) is correct and the stay has been prolonged
    you should Cabot/Reston 7 days notice of intention to have the claim struck out.

    From what you have disclosed the above does seem to be the case.

    Statute Barred is a complete defence agreement disclosed or not, again working on guesses I suspect you
    may have been provided with a " reconstituted " agreement or an attempt at producing one.

    A recon is an acceptable reconstruction / true copy of what the original agreement would have been made up of.

    Reconstituted agreement must have:

    1. Your name and address as it was at the inception of the account.

    2. The creditors name and address as at inception.

    3. All the terms and conditions relevant when the account was opened.

    4. "" "" "" "" "" was closed.

    5. Any material amendments made to the T's & C's during the life of the agreement.

    6. Any other documents mentioned in the agreement. ( e.g. Some cards are issued with a booklet of terms when the card is sent out to the customer).

    A reconstituted agreement does not have to have Any signatures.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  3. #3
    DillPickles's Avatar

    Junior Member



    Joined
    Jun 2015
    Posts
    3
    Mentions
    0 Post(s)

    Default Re: Cabot & Restons - claim made but no agreement and statute barred before date of c

    Hi Nem, I realise without all the details it is difficult to comment, but I have reasons for not posting publicly.

    The claim is not stayed, Reston's have seemingly not yet decided to proceed as I've submitted a defence. The Court Service
    told me that this is usual (?). I forget which form Restons have to complete, but there is one, which they have to do, in order
    to get the claim (6 months old now) in front of a Judge; there is a charge (to them) to do that too.

    I understand reconstituted agreements, but I have evidence which shows that the 'agreement' they did send me, cannot
    be applicable. They may of course be able to produce any number of such agreements to match any particular claim. However
    they do not seem capable or able, or even willing to do that.

    I also wonder if anyone has experienced Restons/Cabot quietly forgetting claims they cannot win, which they only know when a defence
    is submitted. Trying to win a statue barred claim/debt would be hard, but coupled with a lack of credible evidence, would seem almost impossible.

    Thanks

    DP

  4. #4
    nemesis45's Avatar

    VIP Member



    Joined
    Nov 2014
    Posts
    14,624
    Mentions
    1632 Post(s)

    Default Re: Cabot & Restons - claim made but no agreement and statute barred before date of c

    Hello DP,
    Usually Cabot fail to respond to a defence and leave a claim stayed by the court.

    If Cabot carries on you could seek to have the claim struck out.
    As said SB is a complete defence agreement or no agreement, personally
    I would be pressing that point very hard and suggesting Cabot withdraws
    the claim as it has no reasonable chance of success.

    As an aside Cabot are famed for " finding" mysterious payments usually £1.00 or £10 that
    just manage to stop the SB clock so watch out for that one DP.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  5. #5
    DillPickles's Avatar

    Junior Member



    Joined
    Jun 2015
    Posts
    3
    Mentions
    0 Post(s)

    Default Re: Cabot & Restons - claim made but no agreement and statute barred before date of c

    Hi Nem, yes I've read that they will credit accounts with the standard fees for a copy of the agreement/subject access request; I have the £1 postal order they never cashed.....but I can see how they'd even try to use that.

    Thanks for the suggestions.

    DP

  6. #6
    nemesis45's Avatar

    VIP Member



    Joined
    Nov 2014
    Posts
    14,624
    Mentions
    1632 Post(s)

    Default Re: Cabot & Restons - claim made but no agreement and statute barred before date of c

    Quote Originally Posted by DillPickles View Post
    Hi Nem, yes I've read that they will credit accounts with the standard fees for a copy of the agreement/subject access request; I have the £1 postal order they never cashed.....but I can see how they'd even try to use that.

    Thanks for the suggestions.

    DP
    Definitely one to watch, if that uncashed payment was actually allocated to the account /debt they
    might well pull a fast one,

    Personally I would send them a letter stating the alleged debt was statute barred prior to the claim being issued and you " suggest" that they withdraw the claim forthwith.

    You could even send it to Ken Stannard CEO Cabot Financial, so he can see how pathetic his minions are.


    nem

    - - - Updated - - -

    Quote Originally Posted by DillPickles View Post
    Hi Nem, yes I've read that they will credit accounts with the standard fees for a copy of the agreement/subject access request; I have the £1 postal order they never cashed.....but I can see how they'd even try to use that.

    Thanks for the suggestions.

    DP
    Definitely one to watch, if that uncashed payment was actually allocated to the account /debt they
    might well pull a fast one,

    Personally I would send them a letter stating the alleged debt was statute barred prior to the claim being issued and you " suggest" that they withdraw the claim forthwith.

    You could even send it to Ken Stannard CEO Cabot Financial, so he can see how pathetic his minions are.


    nem

    - - - Updated - - -

    Quote Originally Posted by DillPickles View Post
    Hi Nem, yes I've read that they will credit accounts with the standard fees for a copy of the agreement/subject access request; I have the £1 postal order they never cashed.....but I can see how they'd even try to use that.

    Thanks for the suggestions.

    DP
    Definitely one to watch, if that uncashed payment was actually allocated to the account /debt they
    might well pull a fast one,

    Personally I would send them a letter stating the alleged debt was statute barred prior to the claim being issued and you " suggest" that they withdraw the claim forthwith.

    You could even send it to Ken Stannard CEO Cabot Financial, so he can see how pathetic his minions are.


    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





Similar Threads

  1. Defended claim as statute barred
    By Shabz2510 in forum Received a Court Claim?
    Replies: 4
    : 1st April 2015, 16:39:PM
  2. Cabot/Morimer Clarke - claim now statute barred
    By pebbles1 in forum Money & Debt
    Replies: 5
    : 1st January 2015, 21:16:PM
  3. Replies: 12
    : 2nd August 2014, 15:51:PM
  4. Claim form received - Statute Barred Date?
    By DateQuestion in forum Received a Court Claim?
    Replies: 3
    : 31st July 2014, 09:25:AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2017
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP