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  1. hi I am hoping if someone could give me some advice pls.my daughter had a loan with welcome and after financial difficulty ceased making repayments about six years ago.she recently received a letter from Cabot threatening court action.she phoned them and has been bullied into making an immediate payment of £200 with further monthly direct debit payments of £450.this seems excessive on an outstanding amount of £2150 ? Please can anyone kindly advise if any course if action many thanks in advance martf
  2. Hi I have received a ccj claim form from cabot financial for a debt to fashion world. Particulars of claim are that I was issued credit on 11/09/2008 and that I failed to make minimum payments and therefore agreement was assigned to cabot on 26/06/12. The amount of claim is for 1087.55 plus court costs 1237.55 I have received letters from cabot but totally ignored them as I was advised to. I really don't want a ccj as my circumstances have changed and I am building up my credit rating. Is this too late now the ccj claim issue date is 30 June but I have been on holiday so didn't open until yesterday ( 11th July) Any help would be much appreciated.
  3. i all, This is my first post, so please bear with me. Today I have received a notification of court summons by Mortimer Clark Solicitors for a Cabot Financial Services debt. This dates originally from 2003, when I took out a car finance with Online Finance, via our old friends, Carcraft. Due to losing my job etc etc, I defaulted on the original loan, however contacted them to arrange a repayment of the arrears and to set up a new direct debit, which the provisionally accepted, pending a visit from one of their agents. I dutifully agreed to meeting them (August 2004), and stayed at home all day awaiting their arrival. They never turned up, I made several phone calls, to try and pay by debit card over the phone, which was refused, this went on for a number of months, into early 2005, when out of the blue, I received a letter stating they were coming to repo the car. I agreed that they might as well, and was assured sale price (full market value) would be deducted from the debt. Role on about 6 weeks, I get notification that they sold the car for £1500! (at the time, I calculated full market value to be in the region of £5700, a 2001, Renault Megane, 1.6i, 5 door with all the trimmmings), purchase price including interest being around £10300, of which I had paid approx £3000, when the car was repo'd. Roll to 2005 when I got a debt letter for £7300, the original debt, including interest less what I had paid, but not deducting the sale price, which I had tried to dispute, but all correspondence was ignored. I set up a debt management plan, and paid for about a year, when I was made redundant, and ended up cancelling it because the firm I was with were useless. Roll to today, 8 years later and I receive this court notification. Please note that I have also moved house approx 8-10 times in this period, and have NEVER acknowledged or responded to any debt collection notices for this debt. The court papers state that Cabot bought the debt on the 30/09/2008, the court papers issued on the 26/08/2014, 34 days short of 6 years from when they say they purchased the debt! I know that I was getting letters to various addresses from as early as 2005 from Cabot, usually forwarded by previous landlords, or collected from previous addresses in person, but always ignored, and never acknowledged. I need some serious and urgent help in compiling the defense, and help in getting this won in my favour, but haven't got long to do it in, 14 days. I regret I have no longer got any documentation regarding the vehicle, sale etc due to house moves etc. Please help me!!!
  4. Hi all, wondering if anyone can help - I originally posted on another forum where I got some advice but not getting any replies to help take this forward. my wife has an old debt to Welcome Finance for a personal loan. She became ill, and disabled, whilst repaying the loan and had to stop working. She agreed a repayment plan initially but then her benefits were frozen for a while and she could no longer pay so welcome passed the debt to Cabot Financial. Cabot haven't even tried to make any contact for about 2 years - then suddenly started court proceedings last month. Based on figures my wife says she's already paid a lot of the loan back - but the amount they're claiming doesn't tie up with anything she has and there's no statements from Welcome been received in years. when we got the claims form we acknowledged, and requested a copy of the credit agreement, notice of assignment and default notices under CPR 31.14 (referenced in the claim particulars) from Shoosmiths (the solicitors Cabot instructed). Despite this going by recorded mail they've not responded (nearly 3 weeks) at all. Meanwhile we also requested the agreements and notice of assignment from Cabot - who responded to say they don't have it and have requested it from Welcome, but may take 40 days over it. Tomorrow is the due date for a defence to be filed. I'm lost as to how to handle it - we can't accept the claim without any proof of the amounts involved. Any thoughts appreciated as to how best respond?
  5. Hi Caggers Received a N1CPC claim form today which i have acknowledged through MOCL Name of the Claimant ?=Cabot Financial Date of issue=15th June 2014 Particulars of Claim?=By an agreement between CitiFinancial around March 2002 defendant failed to make the minimum payments and agreement was terminated. What is the value of the claim?=870 Is the claim for a current or credit/loan account or mobile phone account? =Credit Card When did you enter into the original agreement before or after 2007?Approx. 2002 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. = The Claim has been issued by a debt purchaser (As i do not have any agreement with Cabot) Were you aware the account had been assigned – did you receive a Notice of Assignment?=NO Did you receive a Default Notice from the original creditor?=NO (Not one that i can recall) Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?=I have not seen any of these. Why did you cease payments:- = Could not afford it any more, tough times, lost job, gone on benefits then out and started my life again Was there a dispute with the original creditor that remains unresolved? = None as i ceased payments when I could not afford it I have now requested for info on CPR31.14 I have also sent (send a CCA1974 request to the claimant) with 1 pound attached PO I gather from most cases in the forum, i do not need to do anything for now apart from keep an eye on the Court Calendar to file my defence. Based on the dates, are you able to help me work out the latest day i should file my defense by? Thanks Caggers
  6. Just received claim form from cabot for credit card debt, original creditor vanquis,I know I have only a short time to respond but I have a feeling that this debt may be statue barred. Can I say I am going to defend it and change my mind depending on the information I receive as in last payment made and on production of credit agreement and notice of assignment.
  7. Hi all I sent a CPR 31.14 to Reston solicitors and got thefollowing response in brief. Please can someone look it over and any advice would begreatly appreciated. (Already acknowledged claim via MCOL) Claim issued via County Court Business Centre (Northampton) which is a procedure specifically provide for in the CPR. What does that mean? Anydifference being a County Court Business Centre? Paragraph 5.2A of practice direction 7E specifically states “The requirement in paragraph 7.3 of practice direction 16 for documents to be attached to particulars of contract claim does not apply to claims started using an online claim form, unless particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction. How do I defend if I can’t get what I need? See no reason to supply copy of contract/agreement as you would have received one at time of opening account? Probably did but since it was around 2006 can’t find it. Am I entitled to a copy? Stating documents I asked for are not mentioned in POC and therefore CPR does not apply. I asked for (using template from this site) 1: the agreement. You willappreciate that in an ordinary case and by reason of the provisions of CPR PD16 para 7.3, where a claim is based upon a written agreement, a copy of thecontract or documents constituting the agreement should be attached to or servedwith the particulars of claim and the original(s) should be available at thehearing. Further, that any general conditions incorporated in the contractshould also be attached. 2: theassignment 3: the default notice 4: the termination notice 5:statement of account Although you requested documents in order to file a defence/counterclaim. We point out that the POC contains sufficient information in order for you to understand what the claim relates to: 1. Thedate the account was opened. 2. Theaccount number 3. Theoutstanding balance 4. Thename of original creditor 5. Thefact account has been signed to Claimant and when it was assigned. Do I ask again for information I need or can I submit adefence that I do not have details needed to defend the case – could statutorybarred need statement of account to find out. Again any advice would be greatly appreciated.
  8. had a letter today out of the blue about a claimform for a ccj i have had letters from cabot before but kind of ignored them which was silly. What do i do now i have filled out the bits needed In order for us to help you we require the following information:- cabot financial (uk) limited Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20th of june 2014 What is the claim for – the reason they have issued the claim? the claimant claims payment of the overdue balance due from the defendants(s) under a contract between the defendent(s) and jacamo. dated on or about 29/01/2009 and assigned to the claimant on the 26/06/2012 in the sum of 337.44 particulars a/c no- my account number then it just says the date default balance and post refel cr nil What is the value of the claim? there is no mention on any interest in the perticluars Is the claim for a current or credit/loan account or mobile phone account? online catalogue When did you enter into the original agreement before or after 2007? after 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. assigned to cabot by the looks of the letter Were you aware the account had been assigned – did you receive a Notice of Assignment? no Did you receive a Default Notice from the original creditor? cant remeber dont think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no i have never recieved any thing from anyone about defaults Why did you cease payments:- i came into finacial difficulties when i split from my wife i did think i had paid it up back in 2009 but cant be 100% sure Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no can anyone advise me further on what to do i have seen there is a letter to send but the are for loans and current accounts and wasnt sure what to send as this is a catlogue.
  9. I was checking my credit file. I have a default on my file by the TSB dated 2010 and saying satisfied and that the debt was assigned to Cabot. There is also a default by cabot dated 2010 also they update this every month. I have been in contact with cabot who can not prove the debt. I had been paying £5 a month to the TSB by agreement, but when cabot bought the debt and could not provide me with a cca I stopped paying the £5 to TSB. I have not heard from cabot since. What I wanted to know is how long does this all stay on my credit file? and can Cabot put on a default when the TSB had one on for the same debt and also cabot don't have a cca. Many thanks
  10. Hi All I also have a ccbc claim form sent to me dated 22/7/2014. The money claimed is almost the same amount, restons are the solicitors and cabot the claimant. I sent cca request to cabot by recorded delivery on the 5/8/2014 and got a reply from the dated 11/8/2014 thanking me for my request but would have to sent it to marbles and want 40 days to do so. My cpr request to prestons was declined because i did not sign it. I have to file my defence to this claim and need advice on the defence. Could i use the same as posted with a few tweeks The default on my credit file is 30/7/2009. Do i still send second cca letter to cabot Thanks
  11. hi there, my partner recieved a CC form today from Cabot financial for a debt dating back to 1999 and 2000 (two catalgoues by the look of it) it states in the POC: The claimant claims payment of the overdue balances (set out below) which the defendant has failed to pay as required under contracts with the following particulars: acc no: xxxxx and acc no: xxxxxxx between the defendants and Simply Be and Ambros Wilson date on or about 28/01/2000 and 16/09/1999 respectivley. The contracts were assigned to the claimant on 26/06/2012 and 27/07/2011 respetively. then goes on to give the figures. my partner was under the impression that as she had had no correspondence with these guys or the original debtor since 2001 it would be statute barred? is this corret? we have never spoken with cabot, or simply be or ambrose whoever they are... bit lost, would appreciate some advice please as to what to do, we cant pay that amount.. or anything anywhere near it.
  12. Hi I have today received an external agency recovery notification that a debt has been passed from cabot to clarity. The original debt is for next retail and is for 576.44. Clarity are offering a reduced settlement of £432.33 or an affordable payment plan. Do I contact them as I only have their word this is the correct amount as it was such a long time ago ( 5/6 years ago ) or do I ignore this letter until they send solicitors letter. Many thanks for any help
  13. Hello all, First of all, I would like to just say yes, it is a debt I should have paid, and it's a crappy defence but I was a student who desperately needed a bed to sleep on at the time. I took out an Argos card sometime in 2005/2006 (the date on the County Court claim says 09/01/2006) and subsequently moved (several times - I was a student for quite some time), got married, forgot about it. Recently, I had been receiving letters from various different debt agencies, in my maiden name, for this debt, which is £253.55. I ignored them as I believed it to be time barred. So, last week I received a County Court claim, which turned out to be genuine. I hastily submitted a generic defence stating that the debt was time barred. Today, I received a letter from Restons Solicitors, who appear to have taken the debt from Cabot Financial, who took the debt from Argos. They claim the last payment received towards the account was on 01/03/2009, which is within six years. I knew that there was no way that was accurate, so checked my bank account - luckily I've had the same account for some time. There is no payment anywhere near this date. My records are available back to August 2007 and there are no payments whatsoever. They have asked me to withdraw my defence or they will strike it out and seek an order that I pay the client's legal costs on an indemnity basis. My question is, how do I deal with this now, since I can't submit any further defence online through MoneyClaim? Could I write Reston's direct, or is that inadvisable? Any help would be greatly appreciated.
  14. Good afternoon everybody. I know there are a couple of other threads regarding similar circumstances but wanted to check a couple of things if possible. I received a letter from Northampton County Court re a claim for a CCJ from Cabot. It seems to be an old catalogue debt. I have checked my old correspondence (emails etc) and it looks like the last payment I made to said catalogue was 22/07/2008, however, there was then an order placed on the 19/08/2008. I understand that a debt becomes statue barred after 6 years from either a) last payment made or b) last acknowledgement of debt. Would the debt actually be statue barred if the last payment was 22/07 or would the order constitute as acknowledgement? I apologise if this is a stupid question and I appreciate any and all help. Thanks
  15. Hi everyone, I've been reading through a few posts on here regards several Cabot cases and would like a little bit of advice relating to my mums situation. I'm looking after this for her as she has just come out of hospital with heart problems and I really don't want the stress of her worrying. On Wednesday she received a county court claim form from the county court business centre. The claimant is listed as Cabot Financial (UK) Limited 1 kings Hill Avenue Kings Hill and the address for sending documents and payments is Shoosmiths LLP The Lakes Northampton The particulars of claim are 1. the claimant claims the sum of 589.45 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Bank of S (5193 XXXX XXXX XXXX) and assigned to the claimant on 29/4/2010, notice of which has been provided to the defendant. 2. The defendant has failed to make payment i accordance with the terms of the agreement and a default notice has been served persuant to the Consumer Credit Act 1974. 3. The claimant claims the sum of 589.45 and costs. 4. The claimant has complied, as far as is n the pre-atcion conduct practice direction. Number This was issued on the 18th July. Yesterday she received a letter dated the 21st July from Shoosmiths LLP that said We write to confirm that we have received Notice of Issue from County Court Business Centre confirming our client will be at liberty to request judgement against you on 5th August 2014. We would remind you that once this step is taken you will have a County Court Judgement registered against your name. This will have an adverse effect upon your credit rating. As previously stated our client will not refrain from entering judgement on the basis of instalment payments and requires a lump sum settlement of the debt. We would invite you to consider your financial circumstances and should you be in a position to offer such a lump sum to our client then please contact our office on 03700 *******. If you contact us on the above number with confirmation that you will be in a position to make a lump sum payment to our client it may be that our client will be minded to give you a further short period prior to requesting judgement to make the payment. We would remind you that it is strongly in your interests to make payment as soon as possible to potentially obtain a discount on the figure outstanding and to avoid further fixed costs which will be added to the debt. Should you have any queries in relation to the contents of this letter then we would urge you to contact a local solicior, your local Citizens Advice Bureau, or other advisory service. Yours faithfully Shoosmiths LLP Solicitors. I've spoken with my mum about this, she has never heard of these solicitors, nor has she spoken with anyone regarding making payments. Could someone please help me as to what I should do. From reading the other posts am i correct in thinking that I should file an acknowledgement of service with the court. And then request information from Cabot or Shoosmiths to show that they actually own the debt? Thanks in advance for any help James
  16. Claim form received from Northampton county court business centre dated 31/7/14 today. Mortimer Clarke are the solicitors, Particulars of claim states By an agreement between vanquis and the defendant on or around 1/02/08 The agreemement vanq to issue the defendant with a credit card upon the terms & conditions set out therein. In breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated. The agreement was assigned to the claimant on 9/1/10 The claiment therfore claims 900.35 What the he'll do I now. I'm stressed and stuck don't want a ccj but need time to look into things as back then was struggling due to various issues. I remember telling Cabot to whistle back in 09 via the phone as I thought they were trying to sell me a loan.. . I refused to give my details and asked them to forward any correspondence to my home address. This arrives today and I'm in a bit of a pickle over it
  17. hi i have sent Cabot a CCA request on 21.7.14 for an old Halifax debt going back to 2005, which my partner has been paying a token payment of £1.00 since He recieved a replay back from Cabot on the 24th july that they will try and provide the information requested within 40 days Today i have recieved a letter from Drydensfairfax solicitors acting on behalf of Cabot, the usual threats, do i ignore this letter or do i need to reply to Drydensfairfax
  18. Hi, I have received a County Court claim notice from Cabot via Northants Business Court. I have applied for the 28 days extension and sent CPR 31.14 request to their solicitors Mortimer Clarke. They have responded and asked for proof of my name change (got married) - but why? What relevance is this to them? Moreover, I sent CCA request to Cabot. They responded to say they are requesting from the original lender. My letter also asked for true copy of Deed of Assignment. They said it's confidential but they did sent Notice of Assignment to me in September 2011. I never received anything from them. Never received a letter and have no knowledge of this debt, yet it's recorded on my credit file. I'm disputing their court claim. But I don't know what steps to take next. What do I send back to Cabot to say that I never received the NoA. Surely I am entitled to see a copy of the DoA? Please help as I need to send something back in order to build my defence against this claim
  19. Just received this Claim this morning. I believe it is Statute barred, I have not communicated with them or made payment or payment arrangements. However Cabot seem intent on trying a CCJ on me, which seems ridiculous, i suppose they are not expecting me to defend it. Copy of claim attached [ATTACH=CONFIG]52404[/ATTACH]
  20. Hi, Due to ill health, I gave up work several years ago and at the time I was dealing with my debts through a DMP.[payplan] Since not working, I had to reduce my repayments and then eventually stop them altogether. this has caught up with me and I have now received a County Court claim form from Cabot / Mortimer Clarke Solicitors for an old Halifax credit card debt. I have somewhat buried my head in the sand over the past year or so and have become very lax in reading DCA letters. I really have no idea if I have ever received notice of assignments from Halifax or a letter before action from Cabot. I really can't afford to repay this debt of over £2000 and the worst thing is that there are many more debts waiting in the wings to go the same way. What is the best and first thing I should do now? Should I apply for proof of the debt and all the statements, etc and if so, how do I deal with the Claim form and will this put the claim on hold for a while? Sorry if I sound silly and confused but my head is spinning with this I've never been in this situation before. Many thanks in advance for any advise you can give.
  21. Hi I wonder if anyone can help. I have various CCJ's which are being paid and a recent check on my credit file shows that all my previous old defaults/CCJ's have disappeared since it was more than 6 years since they were applied. One particular one is a credit card from Halifax which is for £5.5k. It was only ever defaulted and I am now starting again to receive letters for settlement. Over the years this has probably been passed on and I recently received a letter from Marlin who were appointment by Cabot Financial. I ignored this and they have now passed it onto Reston’s who are threating court action. One thing to note here is around this time in 2009 I did contact the CCCS to start a debt management plan and only ever made 1 payment to them. I am unsure who the CCCS actually sent the money to but I am guessing they split it over all my creditors by apportionment. My question is because this payment was made, is there any point writing to Reston’s saying the debt is statute barred? Would I be wasting my time as they will have a record already of the last payment being 5 years ago? I am tempted to just ignore the Reston’s letter but I have a feeling they will go for a CCJ. Any advice would be most welcome. Thanks
  22. Hi I have a debt with Cabot Finance for £1413.52 and am currently paying £1 a month with a standing order. This was originally an overdraft with Halifax back in around 2006. I am on benefits and at that time I was behind with my utility bills etc and interest was being added to this overdraft. I went to Citizen's Advice with all my debt problems and they made an arraingement with Halifax to stop adding interest and effectively 'close' the account but I had to pay a nominal payment of £1 a month so I could sort out the more urgent debts. I continued to do this for a number of years and then the debt was sold on to a debt collection agency which I agreed (rather stupidly I now realise) to continue paying £1 a month. This has been bought and sold to a number of debt collection agencies and is now with Cabot. A few weeks ago I received a letter saying they are willing to accept a lower amount of £918.79 to clear the debt which can be payed in full or in installments. As I can't do this being on benefits I phoned them and it was agreed for me to continue paying £! a month. I received the same letter a few weeks later which I just ignored as I had already spoken to someone. They seem to have internal communication problems!!! Today I received a statement from them and a notice of arrears letter in 'compliance with the Financial Conduct Authority Consumer Credit Sourcebook' as their records show I am behind with my repayments which I'm not as I set up a standing order. I can't pay more than I am currently paying and I don't know why they are being so persistent when they know I am on benefits. I have a lot of other more urgent things to deal with at the moment which take priority and suffer from depression, anxiety and insomnia which makes it all harder to deal with. I know other people who just didn't respond to letters from debt collection agencies (which I should probably done) and their debts have been written off. I'm just after some advice really as I think I have been quite naive in handling this am getting fed up with it all and am not sure of my rights or what happens in these types of situations. Also what would happen if I stopped all correspondence with them and cancelled my standing order ? I eagerly wait for some feedback!!! Thanks
  23. I must admit there are several blogs about Cabot and not many of them are good and put them in the category of parasites. I have two questions, 1. Have they ever taken over Creation Finance? 2. They claim to have bought the debt (Lie?) but I am still paying the agreed amount to another company that insist they are the collectors and transactions are still current and recorded. How can I get Cabot off my back! They call twice a day and are sending letters, for which I haven’t replied too. What is the legal terminology to write back to them if I do acknowledge them? And, could this be a ploy to establish contact with me before actually buying the debt or any other debt I have. Thank you, any advice will be most welcome.
  24. Merry Christmas everyone. I have an outstanding debt that's been passed to cabot which I believe is statute barred. I've already fired off two statute barred letters to which they have replied that they belive it isn't. To cut a long story short, the credit card was taken out, transactions made but, no but no payment ever made as i was made redundant. the first late payment charge on the account was on the fifth of november 2007 with the account going into default in may 2008. This is the date that cabot are claiming the statute barred runs from. is this the case and if not when does it start from?
  25. In the past I had problems with repayments and went to a DMC who let me down so I handled things myself. Pure Joy I asked for the agreements and took the route if thy didn't have an agreement then it was not enforceable. I have repaired my credit to a good score and my credit file is clean all dropped off but in April 2013 had a letter from Arrow Global were acting for Britannica who in turn has now engaged Cabot. I have no knowledge of the reference number thay have given and the amount does not ring a bell. I have ignored their letters as they were on the 6 monthly cycle. They kept calling but I refused to acknowledge who I was etc. They have now passed the file to FIRE (financial investigations and recoveries Europe Ltd. I had three hate mails on the same day all same date three envelopes and each saying different. I do not recognise as I have said any of the reference numbers given I have checked all my paperwork and don't know what they are on about. My question is should I send a letter stating I don't acknowledge. or should I ignore. I haven't had any problems from any company who didn't have an agreement. Can you point right direction please
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