Jumpman diary

[Joanna Connolly Solicitors]

It was definitely a discontinuance. I had completed a defence and had to do an n244 I think it was too.

An N244 is a court form used to make an Application.

So did you apply for an 'unless order' to get the claim struck out because the Claimant had not produced documents which resulted in Restons decision to discontinue? Or was your Application for something else?

Did you have legal help and advice with the claim at the time?

When you asked for documents to prove you owned the debt did you make a formal s77-79 CCA Request together with the £1 statutory fee? If you didn't then your next move may be to send one but only if they persist with chasing you and not before.

Di

[The Tech Clerk]

In January 2019 there was a decision in the Court of Appeal (Doyle v PRA) that has changed the point at which the six-year period starts for some debts including credit cards and loans.

I have updated this article to reflect this. no doubt there are exclusions??

[The Tech Clerk]

In January 2019 there was a decision in the Court of Appeal (Doyle v PRA) that has changed the point at which the six-year period starts for some debts including credit cards and loans.

:-. no doubt there are exclusions??

[Joanna Connolly Solicitors]

In January 2019 there was a decision in the Court of Appeal (Doyle v PRA) that has changed the point at which the six-year period starts for some debts including credit cards and loans.

That was the judgement I referred to in my post # 9 on this thread here >

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]

An N244 is a court form used to make an Application.
I
So did you apply for an 'unless order' to get the claim struck out because the Claimant had not produced documents which resulted in Restons decision to discontinue? Or was your Application for something else?

Did you have legal help and advice with the claim at the time?

When you asked for documents to prove you owned the debt did you make a formal s77-79 CCA Request together with the £1 statutory fee? If you didn't then your next move may be to send one but only if they persist with chasing you and not before.

Di

Yes it was an unless order, the judge gave them some time to supply paperwork, they asked for more time and then filed a discontinuence.
I never paid the one pound, I was supported on a different forum. I will not contact them until they give me further reason to. The n244 was under cpr 17 and cpr 18.

[Joanna Connolly Solicitors]

Yes it was an unless order, the judge gave them some time to supply paperwork, they asked for more time and then filed a discontinuence.
I never paid the one pound, . . . . I will not contact them until they give me further reason to.

I guessed right (about the unless order)

If you have never sent a formal s 77-79 CCA Request including the £1 statutory fee then you haven't protected you legal position on that argument.

As I've said it's probably best not to engage with Cabot at the moment but that situation could change if they turn up the heat. Depending on what they do next you may need to send the CCA Request.

You feel this debt may be Statute Barred any day now so it's best to keep your head down.

Post on here if anything occurs since Cabot have sent you documentation which suggests that they're thinking of resurrecting this debt. As explained they would need to make an Application to the court for permission first (since you filled your Defence to their original claim) and you should be able to contest that.

Di

[Jumpman]

The original cca request wasn't done as they went straight to a letter before court and ignored my pre court action letter.

As an aside upon checking my credit file there is an old loan that shows a 2 month arrears in February 2013 and that and the balance never changes but the default isn't registered until March 2017.
It is still showing as with the original bank and no one is chasing me for it. How do I go about resolving it. It should be statute barred as no payments were made since but I need the default moved so it drops off.

[Joanna Connolly Solicitors]

The original cca request wasn't done as they went straight to a letter before court and ignored my pre court action letter.

As an aside upon checking my credit file there is an old loan that shows a 2 month arrears in February 2013 and that and the balance never changes but the default isn't registered until March 2017.
It is still showing as with the original bank and no one is chasing me for it. How do I go about resolving it. It should be statute barred as no payments were made since but I need the default moved so it drops off.

You should have been advised to make a s 77-79 Request at the outset (LBC stage) or in the very least once you'd received the claim. That may have saved you paying (if you did) to file a N244.

On the other issue I think it may be helpful to you if you start a Diary of all your debts (or are there only 2?) so you can get help with everything.

If you raise any issues with a default on your file you will be acknowledging the debt which could scupper your chances of it becoming Statute Barred unless you're absolutely certain it's SB already. Loans and default dates are different to credit card default dates.

Di

[Jumpman]

The last loan payment was August 2012 and the term would have expired February 2013 so surely that is the last date they should reasonably have registered the default.

[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

Have you heard anything more from Cabot about this debt?

Di

[Jumpman]

No further contact. In other news Natwest agreed to remove a default placed on the wrong date and given compensation too

[cymruambyth]

Good news about the default and compensation. Silence is golden!

[Jumpman]

Sorry to bump this old thread but I've recently moved house and Cabot have sent a letter saying welcome to using them lol. But to make things worse they have phoned and sent a text to my wife's mobile number. They have been informed previously only to contact by letter. I'm confused how they got my wife's number, would it have been from the reference form for the letting agent for the credit check?
What's the best letter to send to stop these texts and calls as it is completely out of order for them to contact my wife. Thankfully she was already aware of their tactics.

[nightwatch]

Can she not just block them, they will be on a fishing trip to try and find you, so if you contact them to complain they will know where you are,
if she answeres any calls she can just say " Who? never heard of them, if you call again I will report you to to TPS", lol