Jumpman diary

[Jumpman]

Hi looking for some advice

• Type of account credit card
• Date commenced August 2005
• Approx balance £9800
• Date last paid (approximate date you last made a FULL payment) June 2012, £1 nominal payments continue until end 2012 confirmed by Lender/debt owner but may have continued to end of 2013
• Not paying
• Status defaulted in Nov 2012, court action previously started but discontinued as they said they couldn't provide documents this was 2016 I believe
• Account owner: New owner of debt not the original

I will email a copy of their recent letter and what they sent to me

[The Tech Clerk]

who has sent the letter?

[Jumpman]

Cabot

[Jumpman]

By them saying a final payment was before November 2012 be admitting its statute barred. I have no evidence a payment was made after this.

[The Tech Clerk]

date court discontinued

[The Tech Clerk]

date court discontinued??

[Jumpman]

Approximately June 2016

[Joanna Connolly Solicitors]

• Type of account credit card
• Date commenced August 2005
• Approx balance £9800
• Date last paid (approximate date you last made a FULL payment) June 2012, £1 nominal payments continue until end 2012 confirmed by Lender/debt owner but may have continued to end of 2013
• Not paying
• Status defaulted in Nov 2012, court action previously started but discontinued as they said they couldn't provide documents this was 2016 I believe
• Account owner: New owner of debt not the original

I will email a copy of their recent letter and what they sent to me

Hello

If you filed your Defence before the Claimant discontinued then they would need to make an application to the court if they want to raise a new claim.

Are you certain the claim was discontinued (a Notice of Discontinuance filed at court) or was it stayed where the Claimant simply 'parks' the claim at court but doesn't continue with the proceedings?

I can see you've received a letter from Cabot but who was the original creditor? Was it Cabot who issued the claim and who were their solicitors (perhaps Mortimer Clarke or Restons or Shoosmiths)?

If the proceedings weren't discontinued (I'll wait for you response) then are Cabot seeking to apply to lift the stay and make an application to strike out your Defence with a Summary Judgment?

Di

[Joanna Connolly Solicitors]

By them saying a final payment was before November 2012 be admitting its statute barred. I have no evidence a payment was made after this.

The final payment is not necessarily the Cause of Action when a court decides whether a debt is Statute Barred or not. The Default is also relevant > http://www.bailii.org/ew/cases/EWCA/Civ/2019/12.html

Di

[Jumpman]

Sorry I didn't not see the replies.
It was definitely a discontinuance. I had completed a defence and had to do an n244 I think it was too.
Default was October 2012 last full payment was June but with £1 payments after this.
Original creditor was Halifax. Court brought by MFS portfolio (Cabot) using Restons.

[Jumpman]

The final payment is not necessarily the Cause of Action when a court decides whether a debt is Statute Barred or not. The Default is also relevant > http://www.bailii.org/ew/cases/EWCA/Civ/2019/12.html

Di

So this debt should be considered statute barred. There has been no acknowledgement that I own the debt.

[Joanna Connolly Solicitors]

£1 nominal payments continue until end 2012 confirmed by Lender/debt owner but may have continued to end of 2013

I would hesitate to engage in any contact with Cabot if there's the slightest chance your last payment was in 2013 which was after the Default (according to you) so that wouldn't make the debt Statute Barred.

Without the facts it's hard to comment but what does Cabot's letter imply their next move might be?

*Don't post any letters on the forum for your own security.

Di

[nightwatch]

Hi, as Di say's never post letters on the site,
just give a brief outline of what the letter says, so we can give general information of how you could deal with it,
to have any paperwork ( CCA) checked for enforcability, send to Niddy, only he will see it, so do not blank anything out, put your username in the subject line
webmaster@all-about-debt.co.uk

sorted, NW

[Jumpman]

My last contact was when they got Moorcroft involved and I told them I had disputed the debt and requested documents to prove the debt.
The letter from Cabot came with statements, a default template and what they say is a copy of the original cca but the copy has letters missed off the side like the one moorcroft sent.
The Cabot letter basically said we reject your dispute and believe you own and owe the debt. No mention of what their next intention is.

[Joanna Connolly Solicitors]

My last contact was when they got Moorcroft involved and I told them I had disputed the debt and requested documents to prove the debt.
The letter from Cabot came with statements, a default template and what they say is a copy of the original cca but the copy has letters missed off the side like the one moorcroft sent.
The Cabot letter basically said we reject your dispute and believe you own and owe the debt. No mention of what their next intention is.

The decision on Statute Barred status can rely on last payment, default, and/or last acknowledgement of the debt. So what you did/didn't say when you last contacted them may/may not be relevant.

You also need to establish (without contacting them) whether your token payments continued in 2013 as you suspect they did.

I see no reason for you to respond to Cabot's latest letter if it doesn't threaten you with anything.

Di