Hi ploddertom, thanks for replying. Let me update what's happening; - the bailiff is applying for indemnity from the court to ensure that if they take the goods they are not liable, we are. - the defendant has dropped a tenancy agreement into the court office which states that the property and all it's goods belong to someone else - the "someone else"'s name is the same as his wife's - on his original offer to pay the defendant claimed he was paying a mortgage, and nothing was mentioned of rent On to your suggestions, what's a HCEO? High Court Enforcement Order? And how would that be different? How does it fit in with the new information? Really appreciate your help on this everyone. It's more the principal now, that a trader can treat his customers so badly and think he can get away with it. Shocking.

Hi all, Was just perusing the site, and thought I'd update you all. Since our request to Cabot's we've had a couple of "don't worry we haven't forgotten you but we are having trouble getting the information" type letters and nothing else. I'm sure they will surface at some point. In other news, wifey is doing well, although we are both getting excited/stressed, baby is due in 7 weeks, though we both think baby may make an early appearance...

Hi all, quick update: the court hearing on the 28th July - the defendant didn't turn up (surprise!). We requested no further applications and some expenses. The bailiff reissued the warrant, and went to the shop. The defendant insisted he would pay no more than £50 a month (for a £1k debt to a customer!) and when the bailiff said he would take goods the shopowner said, the goods are not his!! The bailiff has told me he is happy to go take the goods but under the protection of a court indemnity. Essentially this seems to mean that if the goods aren't the shopowners, then I am liable. Ok so firstly, what does this mean exactly, what value am I liable for? And secondly anyone think this guy owns the stock and is bluffing?? Surely if it wasn't his he would have said that the first time?! As always all your opinions and advice is hugely appreciated.

Hi all, Sorry for the delay in responding, work has been hectic this week! Wife received a phone call tail end of last week, which she told them that there would be no communication over the phone. Beginning of this week we received the attached PDF, basically saying they were looking into providing us the information. We've sent the SAR to Barclays a couple of weeks ago (24th rings a bell). Do I need to do anything else? I was going to send this letter off tomorrow to make doubly sure: xxx Cabot Financial (Europe) Limited PO Box no. 241 West Malling Kent ME19 4NA 8th July 2011 Ref: 2 Dear Sir/Madam, You have contacted my wife xxxx regarding the account with the above reference number, which you claim she owes to you. As she is pregnant, and in a vulnerable state, she was upset and confused by your recent unexpected phone calls. I will not tolerate her being upset or harassed in any way, and therefore I will be dealing with this matter on her behalf from now on. I enclose a letter of authority. My wife does not acknowledge any debt to your company. I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. The details you have provided so far are vague and contradictory, and show no evidence of any liability or account of how the total demanded has been reached. I would ask that no further contact be made concerning the above account unless you can provide full documentary evidence as to my wife's liability for the debt in question. This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. Please note that I will only communicate on this matter in writing. I look forward to your reply. Yours faithfully Along with a letter of authorization for me to take care of the communications instead of my wife. What do you all think? Advice is appreciated, or even the moral support!!! Thanks. Cabots 30 June 11.pdf

Hope the BBQ was good! I can already see the CCJ against my wife thanks to a credit report. It gives the details of the court (Northampton County Court) and the claim number, and the value. I am fairly sure this is the online small claims process as it looks very much like it, and is through the Northampton Bulk claims, but my line of thinking is what is it for? I can't seem to get that information without contacting the courts and I wonder whether it was linked to what Cabot has started chasing us for. Speaking of which - does anyone know if they are allowed to default us on the same value twice? Barclays did it once, a month later Cabot kindly did it again!

Awww thats really helpful thanks Elsa. Hope you had a good weekend? I will probably wait until the next letter before doing these. Wifey has also just had a look at her credit file, and it seems like this sum was defaulted against her in May 2007 by Barclays, followed a month later by Cabot defaulting her for exactly the same value. They can't default the same value twice can they?! That also makes it pretty unlikely that this value they claimed was paid against it in October happened. Also, on her file is a CCJ, for £805 from December. It's from the Northampton County Court, so looks like a small claims online thing, but how do we find out more without flagging it up? Thanks!

Hi everyone, Had another bland letter from Cabot, requesting we contact them. So that's contact request letters dated for the 13th, 16th and 19th, with a bit more detail (as per post #26) on the 20th. Should I be replying anything to the more detailed request on the 20th? Thanks asem

Thanks Pop Gun, but does the Stat demand or Charging order apply against a simple defendant instead of a solo trader? I ask because they are being chased as simple defendants (i'm not sure of what the technical term is!), ie it is just in their name and not as solo traders or otherwise. We are due back in court on the 28th July, as I didn't want to accept his offer, and didn't believe he would pay in full of his own volition, and feel that some other method (in this case bailiffs) would prove better. I'm a little bit stuck as I'm not sure how to change from bailifs to something else (even if i can?). Also I've applied for expenses and court interest at 8%, which should add about £300 to his bill. Can't believe this has been dragging for over a year! We will have celebrated our first anniversary, and our first child is due in October before a refund for wedding clothes resolves itself - mental!!

Hi, Anyone have any idea what I'm meant to do next? Waiting on the Barclays SAR but should I do anything with Cabot? I've read elsewhere of "Account in Dispute" and "Prove it" letters, but what are these and are they applicable? Also anyone have any links to an authorization type letter so I can deal with it instead of the wife? thanks again all!

Thanks for replying Ims, but no I don't think so. In the body of the letter it refers to having bought the account from Barclaycard, but on all previous encounters and on the left hand side it talks of a personal account with an overdraft?

Hi everyone. So Monday we had an introduction letter from Cabots, we sent an SAR to Barclays, yesterday we received the attached from Cabots (blanked out the personal details this time!). What should I do in response? The thing says on the back that this is notice of assignment and that Cabots are the legal holders of this and all data relating to this - should we send another response? Again thanks for looking and helping. Cabots 22 June 11.pdf

Third times a charm... thanks for pointing out my error dx! Cabots 20 June 11 v2.pdf

Ah sorry dx, my bad. We can't access things like photobucket at work, and the machine is set to send me a pdf, I'll physically blank out the details on the original and try and scan it to myself and upload it that way when I get a chance...

Oops thanks for the reply dx - it's posted now

Sorry for the multiple posts, but I think I've figured out how to upload PDF's... Slow of me so I apologise again! What are your thoughts? They've used the wrong name for my wife, and haven't actually put anything there!!