Debt purchaser and counterclaim

[Topher]

account - credit card
Date - 2014
Balance - a few £ over 3k
Date of last full payment - dont have a clue, i presume it was in between ate 2016 and early 2017
payment status - nothings been paid since my last payment
status - alleged default
ownet - a debt purchaser isalleging ownership

Ive had a claim form from the county court business centre regarding this debt.

A debt purchaser claimed ownership in mid 2017. I made 3 requests as notices of disclosure for documents of title and an agreement between myself and the debt purchaser it stated in a notification it sent me. I had no response to them. They sent letters before claim in december 2021 which i didnt reply to and then i recieved the claim form 4th of jan 2022.

apart from non response to my notices of disclosure in 2017/18 there is no further information i can work with, the position im in is i need to send the AOS and request disclosure of documents referred to in the particulars of claim and see what there is to work with.

taking into account i dont know when the last payment was or when the alleged default occurred is it worth sending a SAR to the OC or just wait to see what the claimant replies with to the disclosure request?

i cant comment on the unenforceability of the alleged debt, until i receive further information from them about their claim.

aside from defending it it full im looking into making a counterclaim for fraudulent or negligent misrepresentation as the debt purchaser sent a notification from them basically stating there was an agreement between myself and the debt purchaser which they can change the terms of, i requested a copy of the alleged agreement on 3 occasions and had no response. im not entirely sure how to make the counterclaim or if its something thats possible to do snd going to help my particular situation.

[Roger]

account - credit card
Date - 2014
Balance - a few £ over 3k
Date of last full payment - dont have a clue, i presume it was in between ate 2016 and early 2017
payment status - nothings been paid since my last payment
status - alleged default
ownet - a debt purchaser isalleging ownership

Ive had a claim form from the county court business centre regarding this debt.

A debt purchaser claimed ownership in mid 2017. I made 3 requests as notices of disclosure for documents of title and an agreement between myself and the debt purchaser it stated in a notification it sent me. I had no response to them. They sent letters before claim in december 2021 which i didnt reply to and then i recieved the claim form 4th of jan 2022.

apart from non response to my notices of disclosure in 2017/18 there is no further information i can work with, the position im in is i need to send the AOS and request disclosure of documents referred to in the particulars of claim and see what there is to work with.

taking into account i dont know when the last payment was or when the alleged default occurred is it worth sending a SAR to the OC or just wait to see what the claimant replies with to the disclosure request?

i cant comment on the unenforceability of the alleged debt, until i receive further information from them about their claim.

aside from defending it it full im looking into making a counterclaim for fraudulent or negligent misrepresentation as the debt purchaser sent a notification from them basically stating there was an agreement between myself and the debt purchaser which they can change the terms of, i requested a copy of the alleged agreement on 3 occasions and had no response. im not entirely sure how to make the counterclaim or if its something thats possible to do snd going to help my particular situation.

Looks like the three letter approach!
Its suicide!!
AAD uses real LAW
If you continue down this path you will Lose!
Contact Gerry Jemitus

[Topher]

Looks like the three letter approach!
Its suicide!!
AAD uses real LAW
If you continue down this path you will Lose!
Contact Gerry Jemitus

Hi thanks for your reply. Yes I can see how it would look like the three letter approach. Thankfully it was not, it was three notices of disclosure, these were my own requests based on the law of assignments and the particular circumstances in relation to our interactions. And yep I see that AAD is using the system the right way and promoting methods that work, surprised I didn't find this forum some time ago!

[Roger]

Ok.
Nothing stands still and at one time AAD would have rattled off a series of requests etc.. etc..
Your Diary entry is sparse on detail sic Original Creditor , Dates of your letters (which might be an acknowledged of Debt)
No mention of having received a Letter Before Claim (LBC). No mention of Credit Reference Agencies entries (often revealing as to dating of payments)
It may be that you are very close to Statute Bar hence sending a Claim.

Laterly we are having to learn a more tactical approach because it is for the Claimant to prove. Counter claiming ISNT a good Idea because the proof then falls on you!
The Argument over having the Authority and Right to Claim is as has been pointed out a legal framed argument. This has been very successful in the right hands.

Hi Topher,

We have successfully argued this in court in several cases.

The argument against the exemption on which Cabot rely is complex and usually requires 3 hours in court for legal submissions to be made. There is no binding case law, as these hearings take place in the county court.

Now is the time for you to contact I suggest Gerry Jernitus or @Colin G Quinn

[Topher]

Ok.
Nothing stands still and at one time AAD would have rattled off a series of requests etc.. etc..
Your Diary entry is sparse on detail sic Original Creditor , Dates of your letters (which might be an acknowledged of Debt)
No mention of having received a Letter Before Claim (LBC). No mention of Credit Reference Agencies entries (often revealing as to dating of payments)
It may be that you are very close to Statute Bar hence sending a Claim.

Laterly we are having to learn a more tactical approach because it is for the Claimant to prove. Counter claiming ISNT a good Idea because the proof then falls on you!
The Argument over having the Authority and Right to Claim is as has been pointed out a legal framed argument. This has been very successful in the right hands.



Now is the time for you to contact I suggest Gerry Jernitus or @Colin G Quinn

Yea this is a public forum, i didnt want to reveal too much as you never know who s reading it.

Y

its strage the only records of the account held by credit reference agencies starts when cabot allegedly took ownership in june 2017. Theres something fishy with this alleged debt.

whilst it was with aqua/newday i saw they had securitised millions of pounds worth of credit cards due to aqua not being able to pay its debts.

i probed with aqua about the securitisation of the recievables on my account and within 2 weeks i got a letter from cabot saying they were the new owners….

[Roger]

Yea this is a public forum, i didnt want to reveal too much as you never know who s reading it.

Yes i recieved a letter before claim and didnt reply. a request for disclosure has been sent to mortimer. The OC was Aqua. At no point have I acknowledged their allegations and ststed in my letters/notices i do not believe i am liable. The notices of disclosure were sent over three consecutive months beginning with december 2016. The credit card was not reported to the credit reference agencies. The first entry with any reference agency is a default in june 2017. Just found out the account actually defaulted in february 2017, looks like my last payment was november 2016, so yes edging towards statute barred.

its strage the only records of the account held by credit reference agencies starts when cabot allegedly took ownership in june 2017. Theres something fishy with this alleged debt.

whilst it was with aqua/newday i saw they had securitised millions of pounds worth of credit cards due to aqua not being able to pay its debts.

i probed with aqua about the securitisation of the recievables on my account and within 2 weeks i got a letter from cabot saying they were the new owners….

You risk a CCJ by default!
Are you saying the Default Notice was Feb 2017 . Recent Court Case decided the Statute Bar runs from reference to the Default Notice!
Or are you saying Default reported Feb 2017?
Your Notices of Disclosure last Feb 2017 you are looking at Statute Bar March/April 2023 (better to err on the side of caution)
What is the claimant name on the Claim Form?

When you speak to either Gerry Jernitus or @Colin G Quinn refer back to your entry.

[Topher]

You risk a CCJ by default!
Are you saying the Default Notice was Feb 2017 . Recent Court Case decided the Statute Bar runs from reference to the Default Notice!
Or are you saying Default reported Feb 2017?
Your Notices of Disclosure last Feb 2017 you are looking at Statute Bar March/April 2023 (better to err on the side of caution)
What is the claimant name on the Claim Form?

When you speak to either Gerry Jernitus or @Colin G Quinn refer back to your entry.

Yes apparently there was a default notice sent in feb 2017, the first record of the account at any credit reference agency is june 2017 and it shows a default, there is no history of the account prior to that on any credit refence agency site. The claimant is CABOT FINANCIAL (UK) LIMITED. Sorry my mistake, the notices for disclosure started december 2017 and the third was sent at the beginning of march 2018.

[Topher]

Regards the counter claim and fraudulent/neglegent misrepresentation i can prove this as i have a headed notification from cabot that says or at the very least implies there is an agreement between us they even go as far as saying they can change the terms of the agreement whenever they like. It was pretty shocking reading it when id never had any interactions with this corp before

[Timewilltell]

Much of what Cabot write is misguided truths, so I’d forget trying for a counterclaim as annoying as that may be. I’d defiantly talk with Colin or Jerry as you have a limited time to reply to court papers.

[Roger]

Regards the counter claim and fraudulent/neglegent misrepresentation i can prove this as i have a headed notification from cabot that says or at the very least implies there is an agreement between us they even go as far as saying they can change the terms of the agreement whenever they like. It was pretty shocking reading it when id never had any interactions with this corp before

They brought the Agreement, you will find that the Original Creditor can Sell the Agreement! The question is can CABOT FINANCIAL (UK) LIMITED bring a Claim or not.
If you're third letter was sent March 2018 and erring on the side of caution your Statute Bar clock could be Say April/May 2024.
PERSONALLY I FEAR THAT YOU HAVE CONFUSED THE OUTSTANDING DEBT WITH THE AGREEMENT.
Simply put the CCA1974 S.78 (plus £1) request for a copy of your agreement is sent to the current Owner in your case that would be CABOT!
If you look through the AAD Diaries you will see this Truth time and time again!
YOU NEED LEGAL ADVICE OR RISK A CCJ BY DEFAULT AND INTEREST PLUS COSTS ADDED TO THE OUTSTANDING DEBT.
If you are a home owner this might lead to a Legal Charge on your property.

Time for a reality check and i would urge you to seek Legal Advice!

[Topher]

They brought the Agreement, you will find that the Original Creditor can Sell the Agreement! The question is can CABOT FINANCIAL (UK) LIMITED bring a Claim or not.
If you're third letter was sent March 2018 and erring on the side of caution your Statute Bar clock could be Say April/May 2024.
PERSONALLY I FEAR THAT YOU HAVE CONFUSED THE OUTSTANDING DEBT WITH THE AGREEMENT.
Simply put the CCA1974 S.78 (plus £1) request for a copy of your agreement is sent to the current Owner in your case that would be CABOT!
If you look through the AAD Diaries you will see this Truth time and time again!
YOU NEED LEGAL ADVICE OR RISK A CCJ BY DEFAULT AND INTEREST PLUS COSTS ADDED TO THE OUTSTANDING DEBT.
If you are a home owner this might lead to a Legal Charge on your property.

Time for a reality check and i would urge you to seek Legal Advice!

Thank you for your words of caution. Agreements are non-assignable. A chose in action can be assigned. The alleged debt will be statute barred early next year. I would appreciate legal advice if it were something i could facilitate without any resources. The debt is far to small to be charged against land. Unpaid and enforced property could be liquidated.

it does appear there could be something in that, if cabot have the right to claim, and that would be a sure way to block their cause of action, heck if they’ve been claiming all these years without the right, what would that mean for all the past defendants…. I see it’s something that would benefit from a high court judgement, if successful. Ive pm’d the members you recommended, presumably they are part of the team, would be interesting to hear back and see if there’s something that can be figured out about all of this.

[Roger]

Before coming to AAD my own experience was making the foolish mistake of engaging in legalise with DCA and their Solicitors
Not the only one to go down this path!

Actually the reverse is by far the better course of Action! Silence and sitting on your hands.

You have pm'd the recommended members which I think is a wise course of action.

[Timewilltell]

A legal argument is only any good to you if you know how to legally argue, without the correct supporting evidence then it will be an uphill battle for sure, as in life everybody likes the easy route including judges.

[Gerry Jemitus]

Hi Topher,

It's probably easier if you call me. There is no charge for initial advice. My number is 0151 254 6981.

Kind regards

Gerry

[Pat]

It sounds to me you have taken advice from FMOTL. Accounts can be assigned, it happens all the time.

If you fight a futile fight with no legal prospects you could end up with a hefty costs order. That could lead to bankruptcy and if you dispose of assets to avoid it, that can bring a heap of trouble.