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  1. Hi all, I was hoping some of you could possibly help me please. I received a CCJ claim form from a very old debt (2004) that I am 99.99999% sure is SB. The purchaser of this debt has been writing on and off now for almost 6 years. I have never called or written to them in all that time. They purchased this debt coming up to maybe 6 years ago now and the account was well into default by that time, with no payments being made for well over a year. So by my reckoning there has been no payment or acknowledgement of the debt for almost 7 years. I have done the acknowledge claim thing online and have ticked the box to instruct that I intend to defend the claim in full. By my maths and limited knowledge I have issue date + 5 days (serviced), then by acknowledging the claim I now have 14 days to get my defence in: does that seem correct? I intend to defend on the basis that the debt is statute barred (no payment or acknowledgement within 6 years), is that the right course of action? Also I doubt very much that they have the CCA from 2004 either. Now should I defend on the SB basis alone or throw in the CCA issue to? Now if they continue with the claim to court, will I have to attend the hearing? Also will the claimant have to prove to the court that they have verifiable evidence of either payment or acknowledgement? Can I demand that they provide this proof? I ask this because I have read that these people sometimes make so called 'phantom' payments to try and get away with making claims on SB debts. Sorry for all the questions and ramblings, I just hope one of you kind people can help me. Kind regards Me x
  2. Hello everyone Mortimer sent a letter before action to my old address and by the time i realised this the 14 days had elapsed, I called them on the 1 day after the deadline to inform them that I was going to send them a CCA so they should stay put before issuing. The adviser however informed me that the claim had been issued and that I will be shortly receiving it from Northampton. (This was 2 days ago) In the meantime, what shall do? shall i send any letters (if yes which ones) or wait until I receive the claim and post details? some background info on the account: 1) Opening date: 10/2004 2) Default date: 10/2007 3) Purchased by Cabot in 10/09 Can they still issue after such a long time? I never acknowledged anything nor made any payments. Thanks for your help
  3. Hi, Wonder if somebody could give me some advice please on how to tackle this best. Just a brief outline. Had a nastyogram from Drydensfairfax with the normal contact us to maybe agree an affordable repayment plan, if you don't may seek legal proceedings for CCJ etc, with a load of information under the "Civil Procedure Rules Practice Direction for Pre-Action Conduct" This states the claimant Claim will be for outstanding balance Seek legal costs then if they obtain a CCJ, the ways they will try claw the monies back. Now I know that this was a Vanquis card account, which goes back to 2010 but the info on my credit file says that the default is registered to Cabot and the credit file info only goes back to Jan 2012 (probably when they took on the debt). What would be my best course of action be with Drydensfairfax. I am trying to get my life sorted out and really don't want to get a CCJ. I have no CCJ's on file, just defaults, which will fall off in a couple of years. My financial circumstances are far better now than they was at the time I got into trouble. The default date doesn't even look correct and I certainly never received a copy of it as I moved in Jan 2011. By my thinking, the default should have been done in 2010 not in July 2011 (which is approx 15 months after I started missing payments). Many thanks
  4. Hi All, new poster here. I have 3 debts with Cabot (originally Haliax). They are for different sums of money ranging from £4000 down to £800. I last paid Cabot any money on July 2012 due to their normal scare tactics. The debts itself are roughly 8 years old in total (they are no longer on my credit report). I have today received 3 individual letters, 1 for each debt. They are from Mortimer Clarke Solicitors stating that Cabot have instructed them to start legal procedings against me if I don't reply to the letter which comes with an expenditure form in the next 14 days. I am very close to being able to get a mortage and this will screw all of this up. I want to fight these but I'm not too sure about how to do it. Is anyone able to give me some guildance on this matter? Also, do you think that a judge would grant a CCJ for an 8 year old debt? Any help would be very gratfully recieved Regards Adam
  5. Hi hope someone can help. I had a Goldfish credit card balance £7525.00 that I got into a mess with and this was sold onto Cabot. I have been paying £25 for several years by direct debit. I have now had a letter from cabot saying I am behind with my payments and to contact them immediately. The thing is I'm not behind with the payments. I may have missed the odd payment but nothing recently. I have had a look at my experience credit file and they have been putting down a score of 8 every month for over two years, as if I have missed loads of payments but this £25.00 has been paid each month. Even in the letter they sent it showed the last six months payments had been received. The current balance is £6075.00. The default date was 29/10/08. haven't contacted them as I'm just confused as to why they have put on my credit file that several payments have been missed each year when this is not the case. What do I need to do? Thanks
  6. It is now apparent all my past indiscretion with credit from around 2009/10 are catching up with me. I have just received this letter from cabot. I freely admit i had a car loan with British Credit Trust and that i was unable to keep up the payments after losing my job. The interesting part is that because the vehicle was taken off private property by a company called Wrights Recoveries without my permission in october 2010, a complaint as to British Credit Trust own complaints procedure followed for which i received no response April 2011 they set a firm of solicitors onto me calle Blake Lapthorn. I informed them British Credit Trust has failed in responding to my complaint and since then, all has been quiet. Now Cabot which i have no idea if they own this debt or are simply collection on behalf of. The letter from cabot went to an address i have not lived at for the last few years which was forwarded to my new address. There are other issues as well, a payment made to a company called credit plus at the start of the agreement, i had no idea at the time they were a firm of brokers for BCT to facilitate the finance for which i was not told of or included in the agreement. They called it a delivery charge, i was under the impression it was all the same company for which a payment of £250 was made by debit card. My defence is that they reposessed the vehicle off private land with no permission and payments made as to fees were not recorded i beleive as the vehicle was removed without my consent and that section 92 CCA 1974 comes into play as to breach of statutory duty as well My question is what do i do now as to this Cabot we want to talk to you letter after 4 years and is my defence valid. I am tempted just to ignore Cabot thanks
  7. General question, all these debt help companies in the media saying how they will clear your debts, if you don' t have a mortgage what is in it for them.. Or do they cherry pick the best cases? Must make a profit somehow
  8. Hi, I have received a letter today from cabot stating they are unable to provide my cca within the relevant time period, and that they will continue to request it from the OC. I also asked for a copy of any charges and interest etc on the account but haven't received these either. What shall I do next as this debt is not SB and will be on my credit file for at least another year. I wish to settle the account but do not want to pay an extortionate amount in added extras (interest) purely for their benefit. Any advise would be appreciated. Thanks.
  9. Morning all, my first post but I've been lurking for some time! I have recently sent off 3 CCA requests to my Credit Card companies with no satisfactory reply. I sent the account in dispute letter to all 3 on Tuesday, they all received them yesterday. My question is, Barclaycard have issued me a Default Notice last week, all done properly as I can make out, after not sending any payment for the last 3 months. Can I, by making one months payment, render this Default Notice void or do I have to pay the full arrears? Any opinions please guys? Thanks in advance
  10. Hi All I've had a letter saying that Cabot Financial have taken over one of my debts from Barclaycard. I've gone through CCCS in the past (now Step Change ?) and pay all my creditors £1.00 per month by Standing Order as it's all I can afford. I have recurrent mental health problems so finding work and/or keeping it is very difficult. I've looked on all the Cabot paperwork and their website and although they say that Standing Order payment is an option they don't give any account details - so you have to contact them directly I assume ? I can't cope with speaking to people directly and writing can become tricky and may cause delays so that I fall behind and lose my payment plan option. Does anyone know where Cabot's bank details are listed so that I can just set up the SO and keep 'up to date' without having to go through the distress of contacting them please ?
  11. Just love Cabrot and now passed to Muck Hall, only a year past SB ! I believe Muck Hall are noted for pursuing unenforceable matters? anyway the standard SB (No1) letter being sent Also, the site seems rather unstable at the moment? often cannot get first page and subsequent, or is it my system? I have a Norton Virus blocker on and a warning of a Mal ware comes up the moment I open the site - just curious
  12. spartathisis

    Cabot/MBNA

    Very long story short. MBNA CC debt (£7000) from 2000 (Application Form states date as 1993) , sold to Cabot 2001 Regular payments made until 2009 when I found CAG,yay, sent SAR Rcvd very poor photocopy of Application Form , clearly states this all over it, with a separate sheet with prescribed terms, but does not match interest rate stated on App Form, Enclosed were a set of full T & C's from around 2002 DN also incorrect in a couple of ways, date, amounts, notice Had long back and forward for 12 months and heard nothing from them since 2010 and then in Jan got a letter saying due and payable. Requested a CCA as I realised by not making the request couldn't technically put into dispute. They also sent payment data from start of their purchase. Not worried over them contacting again as the CCA/Application is illegible in many places, but I was wondering if they were able to add interest on the debt? They claim Law of Property 1925(?) is relevant law for the transfer. On the original documentation from CCA request in 2009 the interest was added under the column 'Penalty Charge', it was hit and miss with no regular amount. At one point £2500 was added, but then £1350 deducted and again another large amount added but then smaller amounts. No consistency at all. On the newer documentation 'Penalty Charge' has been replaced with a column 'Interest'. The same amounts are there on the same dates. When I queried the 'interest' added years ago I was told it was a computer error and would eventually be sorted, I now know not to speak on the phone Any thoughts?
  13. Hi, hoping someone has come across this position before and can offer some advice please.. I have 2 defaults registered against me on my Credit file. I settled both debts in full last year, one with Cabot Financial and one with Barclaycard. Originally the Cabot debt was a credit card I had with Citicard and Barclaycard was originally Egg. I have not received a default notice from Citi, Cabot, Egg or Barclaycard. Both Barclaycard and Cabot state they do not hold the default notice on file that the notices were previously issued and they simply de-registered and then re-registered the default notice when the took ownership of the debt. I have made a request for information pursuant to section 77/78 of the Credit Consumer Act, but they state as there is now no debt, they are not obliged to supply any information. its seems I can not make them produce any information which would show I have not received the default notices - and therefore the entries are invalid and should be removed. There are many smaller points that I could make, such as the address Cabot had on file was not in fact my address, no notice that the account/debt had been sold to another party etc... Please let me know what you think would be the next best course of action to clear the default notices. Thanks so much in advance...
  14. http://www.credittoday.co.uk/article/16652/online-news/clyne-steps-down-as-cabot-acquires-marlin
  15. Hi! We have received letters from Cabot saying they have taken over our Equidebt account. Firstly they say the original lender is equidebt and its for a credit card, when its in fact Abbey national and for a bank loan we had with them. We did have a CCJ from abbey and then equidebt took over the loan and we have been paying a monthly payment to them since up in till they went broke , this is all several years old, I cant find any old paperwork as we have moved house since. Could I have some advice on what we need to do as it seems that they haven't even got there facts right:-o
  16. My boyfriend has finally pulled his head out of the sand with his debts following a divorce from his ex 2 years ago. When BF and his ex were still married they took out a joint loan to get some new windows from British Credit Trust. Payments were made until after his ex left when he could no longer cope with paying all the debts she left behind. His ex hasn't paid anything towards the mortgage or secured loan (from Welcome Finance) since she left in 2009. He stopped paying the BCT loan in early 2010 as he had nothing left to live on. A few DCA's have popped their heads up but quickly vanished when they could not provide paperwork. Early last year a 'bailiff' turned up at the door demanding payment from my BF's 18 year old son. BF phoned the 'bailiff' and made an immediate payment over the phone. I think he was spoofed by some DCA just trying to get money. All went quiet until November 2013 when Cabot started phoning non stop. I fired off a letter telling them to put everything in writing and sent them a CCA Request. They have replied saying they will provide everything in writing from now on and they have managed to provide a copy of the CCA along with statements. I can scan these and post them up if it helps. A few questions though. Since the loan was joint is the ex not liable for half of the loan? There was PPI added to the loan is there any way of reclaiming this with interest at their rate? On the statements they have added 'repossession fees' of £114 as well as letter charges of £25 a time (total of £450) and late payment surcharges of £42.41 is there any way of having these removed from the amount owed? Any help will be very much appreciated.
  17. Hi Guys Trusty google put me in touch with you guys regarding a friends "claim" from Cabot He was approached about a year ago by them for a debt from 2009 / 2010 from a company that didnt supply the goods regarding a training course (plenty of posts on google about that company as well!) in addition to having been pressurised into taking on the course / debt while he was depressed. Unfortunately being a young lad none of the paperwork from them exists any more. At some stage last year he was advised that his debt had been sold to cabot and subsquently received two payment demands from them which he ignored. The next thing he heard was receiving a Money Claim online demand. I have some questions and I would be grateful if people could help me get himself sorted. 1) I have advised him to send a CCA request tomorrow as per other similiar threads on this forum, however I am confused as to how long they have, is it 12 + 2 working days or 30 days to reply? 2) Are they required to send a notice of intention to act before sening court papers? 3) he intendes to contest the claim, if 1 is correct and they do not supply the CCA in time can this be used as a defence in the case? 4) any other advise that I should give him (Indeed anyone that has defended similar claims in court and can advise me to help him put his case together I would be grateful. Incidently Cabot Financial (UK) Ltd appears to have a net worth of -6.6million according to Duedil, is this not trading while insolvent?
  18. hi all, i defaulted on a £13000 halifax credit card in 2009 and have made token payments upto the end of 2012. a few weeks ago i received 2 letters; 1- court papers regarding the credit card debt. it was sold to cabot about a year ago. 2- letter from shoosmiths saying that they were going to apply for a ccj on behalf of cabot and then apply for a charging order on my house. i returned the court paperwork to cabot's solicitor, shoosmiths, including an offer to pay £20 per month (as per my disposable income on the income/expenditure form) today they wrote back to me saying that they would stop court action if i started to pay the £20 per month. my question is, would it be better to pay the £20 to avoid action or let them get a ccj against me and then pay the £20 (i guess the court would tell me to pay the same amount) i'm thinking i'd rather get the ccj now and have it off my credit report in 6 years than have them able to get a ccj against me at any point in the future. it's probably going to take me about 20 years to pay off the debt and would prefer not to be hit with a ccj in 5-10-15 years time for a debt from 2009! also are they right in saying that they can get a charging order put on my house? they must have bought the debt at far less than face value - seems a bit unfair.
  19. Way back in the year 2000 I started using a Halifax credit card, all was well up to 2011 when I lost my job and couldn't pay the minimum payments. No problem (said Halifax - Blair Oliver & Scott) Just pay £1.00 per month we'll accept that. Fast forward to jan 2014 when out pf the blue I got a letter stating that Halifax had assigned all of it's respective rights to that well known company Cabot Financial (Europe) in spite of tha fact I had never missed a single payment, or ever had a problem with Halifax/BO&S. Cabot acceped a continuation of the £1.00 per month payment and sent me a nice bar code payment card, how kind of them. One boy I spoke to told me that the law had now changed (when?) and all DCA's wern't allowed to chase or demand more payment than could be afforded by us sad little debtors. I had to smile at that one. Then why oh why are forums full of people complaining of heavy handed tatics being used I have to ask? The total balance sold by Halifax to Cabot is in excess of £15,000. Now I wasn't born yesterday, and having read a good few posts on this forum, I have to ask why would Halifax sell such a substantial debt on to antoher party? Why not keep the debt 'in house' and get every penny back to boost the Halifax bottom line, not someone else's, UNLESS of course they know something that I don't. I'm pretty sure that something smells wrong here. I wonder if some paperwork is missing making enforcement difficult or out of the question? So what should my next action be? SAR Halifax? CCA Halifax and or Cabot, is there anything else I can do and what are the logical first steps. In spite of reading the posts on this forum I've never got involved with any SAR's or CCA's or anything like this I'm a newbieto all of this. I've also not reclaimed any charges or PPI not wanted to 'rock the boat' in case I awoke a slumbering monster, as Japan did in 1941 (and look how it ended for them!!) I look forward to any pointers anyone could give, as stated above I'm a novice at thisand could do with all the help I can get. Thanks in Advance.
  20. I put my alleged account with Cabot into dispute last November 2009 when they could not supply me with the original documents that were with Goldfish. They said that they would keep account on hold until they could provide these, that was January 2010 the last letter from them. Received letter yesterday as though I was a new customer thanking me for my payment (have not paid since last year) and asking for me to set up a repayment plan with them. Noticed that they have added almost £2,000 in interest in 13 months when Account in dispute, and they had agreed to hold interest payments. What should I do next?
  21. I had a credit card with I think Citibank, which I defaulted on due to not having a job. This debt has been 'sold' to Cabot and this is on my credit file as an open account, and they are reporting each month as default. First question, the debt default date was 07/06/2008, so I am presuming that this will drop off my credit file in July this year 2014? As this will be 6 years from default and I have had no correspondence with Cabot about the debt or even acknowledged it. Next question, this debt has been passed on to Mackenzie Hall to chase and I go through phases where they call both my home phone and mobile. Again I don't answer the calls, and have even blocked the numbers but they are using a variety of numbers to call and text me. When the debt disappears from my credit file, does this then means it's statue barred? If so are there letters/ advice someone can point me to about how to follow this up and get rid of it. This is the last of my debts, that are showing on my credit file so I just want to be rid of it. Thanks for the help in advance.
  22. I received a letter from "Cabot" dated 24th. April 2013 stating that they had tried to contact me on numerous occasions and it is now vital that "I" contact them urgently to discuss my account, you currently owe £1,249.85. Now this is strange as I thought I had paid all of it off started looking through some old paper work and found another letter from Cabot dated 18th September 2009 this one was an account "review"again stating the usual lie,been unable to contact you, then goes on to say they will be increasing my Direct Debit to £44.00 starting from 01/10/2009, This increase will repay your account more quickly and also assist in repairing your credit record for this account.... ..some repair taken place here it goes from owing £433.95 in 2009 to £1,249.85 in 2013 when in actual fact I OWE them NIL paid off in full, how are these people allowed to be in business , they are just nasty , they state that if I don't contact them they will have move my account onto the next stage of our collection process, I hope that this means they will be sending someone to call at my property there will be a very nasty surprise awaiting them , as I have no intention of wasting money on stamps or phone calls over something that is totally wrong, has anyone else had this sort of action from these people. I am sure that I have the letter stating that I owe nothing these two letters and the amounts and dates are enough to prove that there is something fishy going on.
  23. I am disputing the enforcability of my credit card agreement with MBNA, my understanding that whilst an agreement is in dispute lenders must stop processing your details and entering negative information on your credit file. MBNA have continued to do this despite me writing to them asking them to stop, they insist they can continue to do so on the basis that they believe it is enforcable. They appear to be disregarding the fact the agreement is in dispute. I want to make a formal complaint to the highest authority in the country and take them to task, who would this be and are there any letter templates for doing this. Any forum users in a similar position? Support, advice greatly received.
  24. Hello, Hope someone can help me out here with what may happen next. Cabot put a charging order on an old credit debt and it was granted for the sum of £8k (this was around 2 years ago, the mortgage has around 8 years to go. Not paid anything (I know I should have done something!). However now they have sent me a BANKRUPTCY WARNING and have 14 days to respond and come to an arrangement ??? Wish I could pay it all but can't, although I may be able to get hold of maybe £2k (family). In this type of scenario would they settle for less or hold out for the lot ??? Please advise, thank you
  25. I had a repayment plan with LLoydsTSB Visa the debt was sold to Cabot Financial, i contacted LTSB and said i did not recognise CF and I would only continue to pay LTSB. LTSB now transfer my payment to them to CF I have not missed any payments. Cabot have now posted a default notice on my credit file, but not given any formal notice to me. Can they do this ? Can I ask them to remove it?
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