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Good Morning Fellow CAG'ers Okay, Cabot sent my partner Another letter (Next Steps) Dear Miss X We have tried to contact you blah blah, We are now referring your account to Mortimer Clarke Solicitors. MCS will speak with you within the next 7 days and help you to arrange the best solution for You......... Are MCS Cabots in house lapdogs ? How do Cabot's bypass calling a mobile number yet get straight to the phones answering machine without the phone showing a missed call? I get up to 4 messages a day yet don't receive calls associated with their messages, which is always a recorded voice. TIA
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Hi Can you again, please offer some legal assistance. I have a ongoing claim in another thread but thought it might be easier starting a new one as this is not my debt.. but a close friend's I have filled in the form below This is for a credit card and a Current account from LLoyds. Does that mean 2 separate documents need to be sent out for the CCA and the CPR 31.14? Thank you Name of the Claimant ?cabot Date of issue – 16 0ct 2015 What is the claim for – 1.The claimants claim payment of the overdue balances (set out below) which the defendant(s) have failed to pay as required under contracts with the following particulars. Acc no 4462xxxxxxxxxxxx (credit card) Acc no 77xxxxxxxxxxxx (current account), between the Defendants(s) and Lloyds TSB dated on or about Mar o1 2002 and Jan 03 1997 respectively. The contracts were assigned to the claimant on Oct 01 2012 and Feb 11 2013 respectively. Particulars – a/c 4462xxxxxxxxxxxx a/c no 77xxxxxxxxxxxx DATE ITEM VALUE 11/08/2015 Default Balance £12249.34 01/08/2015 Default Balance £2428.15 Post Refri Cr NIL Total £14677.49 What is the value of the claim? 14,677.69 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card and current account (combined) When did you enter into the original agreement before or after 2007? Before 2007 Has the claim been issued by the original creditor or was the account assigned (CABOT) Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure as it has been a long time Did you receive a Default Notice from the original creditor? Unsure if this was ever received Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don’t recall receiving this Why did you cease payments? Financial issues stemming from job loss What was the date of your last payment? Approximately 1 year ago 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? Yes attempted debt management but couldn’t sustain it -
I had court papers in October 2015 from Restons on behalf of Cabot Financial (UK) Ltd. I put in a defence and requested CA and stated I believed the debt to be SB. Just before Christmas 2015, Cabot sent me a letter saying they could not find the original CA and as such any alleged debt was "unenforcable". Today I get a letter which says: "We have been instructed to write to you regarding the above matter. We note from reviewing your account that you have not withdrawn your Defence, nor has a payment arrangement been agreed. Due to the time which has elapsed since the proceedings were issued, our Client has asked us to remind you of the detail regarding the outstanding debt. The current outstanding balance is *jellybeans* which relates to the Aqua card facility with account number *chocolate coins*. Our clients records indicate that the account was opened on or about *mint crisps* 2008. In line with the Terms and Conditions which governed the account, the original creditor had a contractual right of assignment. In other words, the original creditor was entitled to transfer their rights and benefits under the account to a third party and that right was exercised on *Quality Street* 2011. Our client has asked us to explore the possibility of a settlement being achieved without the need for this litigation to continue and is therefore is willing to enter into a payment arrangement that is affordable and sustainable by you. We kindly ask that you complete and return the attached financial statement within the next 30 days, confirming what your offer of payment is. If you wish to settle the matter by way of a lump sum payment our client may be able to offer you a discounted settlement figure. Please contact ourselves on the above telephone number if you wish to discuss settlement of your account or have any queries relating to your account. Yours faithfully *Toblerone*" I gather it's a fishing trip?
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Hi I defaulted on an overdraft with Halifax about 4 years ago, the account kept going round in circles with Halifax charging me for going overdrawn which was putting me back to be being overdrawn or no access to funds. I tried to fight them on it, but they were not budging and i got tired. I stopped using that account and got a new current account and have never looked back. However, Halifax have never contacted me about the debt, I have moved twice since and looking at my credit file it seems they have sold the debt to Cabot and has my current address. Cabot have never contacted me either, no emails or letters. I was thinking of sending a SAR to halifax to see what charges have been added on, what correspondence they think they have sent and the balance when it was sold to Cabot. Before I do that though, i wanted to ask if anyone else had any better ideas of what my stance should be. Thank you in advance
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-IDEM Services replied that debt is unenforceable as they are unable to provide CCA paperwork, but they refuse to release me from my financial obligations. (£2000) This debt does show my on credit file, defaulted 09/2001 Not sure what to do here, please any help info on next steps??? stop paying ? wait for it to fall off credit file? offer full & final???
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Hi All, I'm sorry to return but I again need a little bit of advice regarding a letter from Mortimer Clarke in relation to an alleged debt with capital one... I received a claim form from Cabot Financial via Mortimer Clarke.... Details below Claim Form Issue....18/11/2016 Received.... 21/11/2016 AOS Submitted... 29/11/2016 Defend all AOS Received... 30/11/2016 CCA request sent to Cabot...28/11/2016 CCA request received by Cabot and signed for.....30/11/2016 CPR request sent to Mortimer Clarke... 28/11/2016 CPR request received by Mortimer Clarke and signed for... 30/11/2016 POC... 1.By an agreement between capital one and the defendant on or around 01/07/2009 (the agreement) Capital one agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due and the agreement was terminated. The agreement was assigned to the claimant.. 2.. THE CLAIMANT THEREFORE CLAIMS XXXX... As of todays date the following has happened.... 1) No response from Cabot for the CCA request 2) Mortimer Clarke responded to the CPR request with the following letter dated 01/12/2016 received 07/12/2016 Dear XXXX We acknowledge your request for documentation pursuant to CPR 31.14 We Confirm our client is willing to agree to the extension of 28 days, for you to file your defence, Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.... CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings. We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor. We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our clients instructions... So my question is.... Do I ignore the letter from Mortimer Clarke? reply to Mortimer Clarke with something along the lines of.... not interested in your beliefs, supply the documents requested in the CPR 31.14 request... As always your help/advice is greatly appreciated
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Hello CAG I hope you can help me. Due to unemployment I fell behind my overdraft payments and HSBC closed the current account in 2013 and sold to Cabot. In October 2015 Restons made a county court claim for a HSBC overdraft debt for £1900 including court fees for an overdraft on behalf of Cabot. I defended this claim based on the lack of documentation from Restons/Cabot and to date no documents have been supplied by Restons. The claim has been stayed just over a year now and I was wondering if I should leave it stayed or get the court to strike it out?
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Hi Wescot have written to me about a barclaycard debt which they and Barclacard have written to me confirming the debt is unenforceable. They both claim however that collections can continue and they threaten more contact from the recovery team. Despite writing on sevreal occasions requesting all correspondence to be in writing they continue to phone. If it is unenforceable i am not going to pay , i think they recognise that . How do i go about either finalising this matter or at least prevent endless telephone cals from Wescot please ? Thanks -
Hi Sorry if this is in the wrong place or missing any key info, first time in posting to the forum. My partner received a letter with a claim form from cabot financial, for county court business center, in relation to car finance taken out in 2004, the last dealing we had with welcome was disputing the account as they couldn't provide any account info and we kept being passed between departments. the claim is for 7k which is alot of money to just pay when we dont even know what we owe if anything. we have 5-7 days to respond to this claim form, and i have no idea where to start or what to do :/ Thanks in advance -
Hi i have read through alot of threads with regards to similar cases but dont want to get anything wrong so some help would be really appreciated. The account in question was started in august 2008 and defaulted march 2010, i am not sure when the last payment to this account was made, please note that the balance is lower than the default balance so im assuming something has been paid since the default. They are asking for the total amount by 1st Feb otherwise they will be seeking a £50 monthly sum via the court. Cabot took control of this account in September 2015, i have not done anything via contact but i know no things need to be dealt with. What actions should i take now i no i should be sending off a couple of letters but im not sure on the legal terms and shall i just follow similiar drafts on here making the amendments necessary? Thanks for your time
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Hi all Got a letter yesterday from Crapbot stating they had traced me to my current address in about 1996 Barclay's gave me a 5k loan they defaulted me in 1998 Cabot started chasing back in 2000 I was younger back then and didn't know my rights I paid them till 2002 then told them to do One in no uncertain terms spin forward 14 years they are trying to state I owe them 5300 I am fully aware this debt is well and truly statute barred is there any point in inviting letter tennis with these morons by sending them a CCA letter which probably no longer exists? Funnily enough I bank with Barclay's have done for the last five years without any problems. I personally think Crapbot must be losing the plot chasing debt this old what do you guys think?
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Hi, A Capital One debt from 2014. Claimant is Cabot with Restons acting (think that's right). Amount Claimed £XXX.XX Court Fee £XX.00 Solicitor Costs £XX.00 Issue date 24 June 2016 Defence date 25 July 2016 Think I got help with the defence on here or another site. Can't find the thread. Question is are they too late to do anything now? What happens with the claim? I've have correspondence with Restons where I've offered a settlement figure, they've accepted but I haven't paid (just don't have the money). They wanted payment by 9 December 2016. What happens now?
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Good evening, I've received a reconstituted agreement for an old Bank of Scotland from Cabot who now has the debt. However at the bottom of the 'agreement' it states: "This agreement is governed by Scottish law." Out of curiosity does anyone know if this means that it can't be pursued through the English courts?? I live in England. Sorry if I have posted in the wrong place. Thanks in advance. Molly
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I am awaiting the outcome of a ppi refund from welcome but stupidly I went back for more. I have had a couple of loan increases and/or rewrites and now find myself with an outstanding balance of around 30k.i I am currently paying £375 pcm which quite frankly I cannot afford. I have just missed a payment due on 31/12/09 and I just know that the phone calls from the branch manager are going to start tomorrow threatening home visits etc. I do not have anything to pay them with this month. How do I , step-by-step sort this company out? short term and long term. I have already sent letters to the branch saying that I will only deal in writing but as soon as I miss any payment that seems to negate that agreement. I used to pay by debit card on the last day of the month but come the 6th or 7th they would phone me 4 or 5 times to find out when to take the next payment. I have now managed eventually to get their bank details and pay by internet banking. The branch manager told at one point that I had not been given these details by head office(basically calling me a liar) HELP!!! -
Not that I am falling for it as the letter is already in the bin. Hi Mr W Tell us your budget and we will save you £50. We want you to start positively on your journey to paying this acc, once you start paying back we will reduce your balance by £50.00. All you have to do is fill in the enclosed budget form.... Oh yes.
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I have received a letter this morning at my rented address for a notice of application for attachment of earnings order from Cabot Financial (UK) Ltd. I migrated to Australia in 2011 but had to return in Aug 2015 due to visa refusal but although this letter has a case number and application number as well as a judgement creditors reference I actually have no idea what this debt is supposed to be for as this is the first correspondence I have received at this address and I have been here since August 2015. It says unless I pay the judgement creditor within 8 days I must complete the enclosed form of reply including the statement of means and send it to the court office within 8 days after receiving this notice. I'm not sure what this debt is for which is my main concern as there is no reference to it nor what date this judgment was carried out. It says the address for payment is Restons Solicitors Limited Warrington and that's about as much as I know -
I've had a letter from Cabot for an old barclaycard I took out last century, and have been paying a small nominal amount since I left my previous job. What does prescribed terms mean? I also read elsewhere, asking for a copy of the CCA was an admission the debt was correct, is this true? I was considering asking them for this, as currently I am off work recovering from a serious illness and really do not want the stress of this. They have also credit searched me recently, I'm pretty sure that's not legal as I have certainly never given them permission to do so. -
hi all, I have a ccj with Cabot for over £7000 which I have been paying regularly for atleast the past 10yrs. i have started receiving letters from them stating:- "We need your attention - potential legal action", "your credit file indicates that your situation may have changed", The ccj relates to a loan from Bank of Scotland, my situation has not changed, my only income is carers allowance (all other benefits go direct to disabled wife). i do have other debts and pay them off at the same rates per month £5 each, at least one of these debts is held by cabot. at the bottom of the letter there is a brief explanation of what legal action could mean but that refers to a ccj. any thoughts on this would be gratefully recieved sorry if this post is a bit rambling volac123 -
I am trying to source MBNA credit card T&Cs from Jan 2003 or does anyone know when MBNA changed the charge for late payment/default from £20 to £25 ?
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Hi I haven't been here for a while and therefore a little out of touch with current practice. Thanks to the help of CAG I managed to win my battles with DCAs quite a few years ago. I have an old credit card debt which is off my credit file and owned by Cabot and for 6/7 years have paid them a nominal amount each month. They send the odd letter asking me to up the payment but I never respond as these are computer generated and I prefer to let sleeping dogs lay. Just had one threatening potential legal action if I don't contact them. I just wondered if they every follow through or if this is best ignored. They don't stand a cat in hells chance of a CCJ as its an old CCA agreement without prescribed terms, however, I do acknowledged the debt and I am making payments. Just interested to know if anyone's had one these and whether they do follow up? Thanks B.
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Hi guys, I have been following similar threads on this forum and have found much useful information regarding defending a claim from Restons and Cabot Financial vs myself I had an old CC account which is most definitely Statute bared and used this as my defence when Restons entered a claim via Northampton County Court Business Centre. (Although they claim that I had made 2 x payments of £3.15 both on the same day in April 2013) !!! A typical Restons stunt from reading similar threads!.. It has now passed the 28 day stage since they were informed of my SB defence and I have phoned the courts to confirm that the claim is now stayed which it is. Obviously I would like to put this matter to bed at the earliest opportunity. My question is.. Do I just leave it as is with the prospect of Restons dragging it back up in the future or do I apply to have the case struck out with form N244 and pay the £100 fee. Your help on this matter would be much appreciated.
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Hi All, Received so much help and support way back in 2005-2008 which turned my life around. Unfortunately a DCA (CABOT) has re-surfaced issuing a CCJ Claim chasing what I believe to be a Statute Barred debt for Vanquis they have bought. I will post all details in the relevant place and look forward to your much appreciated assistance. Regards -
Hi all. I got into more than £50k of debt a few years ago and ended up in dire financial trouble. I read up on these debts using a site called ****** and used their three letters method to deal with the banks, credit card companies and DCAs. A couple of weeks ago I received a writ from my local Sheriff Court as seen in the photos: I'll be honest, I'm terrified now. I get limited legal cover through my work i spoke with a solicitor. He was decidedly unimpressed with the letters and advised me to do a trust deed. He says Cabot are a big company and will definitely have the assignment, they wouldn't have spent money on the legal costs to begin with if they didn't have them. He did help me with a skeletal defence for court: I have set a meeting for tomorrow to start to arrange the trust deed. My honest feeling is that Cabot have nothing, but I would be risking my house if i was wrong. And I have no real basis to believe they don't have what they need. I have never received any letters from Cabot before the writ. No notice of assignment or even a demand for payment. I have had other DCA's for this account but they stopped responding after the three letters. I immediately sent Cabot the three letters by recorded delivery but they have never responded. The last day for making adjustments to the writ or defences is 11th November. i have a bit of breathing space but I'm really worried. Any help will be much appreciated. Ps the letters are like this: -
Hello you lovely lot, hoping for some advice on my options , quick summary , I had a vanquis account a few moons ago (not enough for SB Defence), eventually I think Cabot bought the debt and are now claiming it through Drydens. Claimant - Cabot Address for sending documents- Drydens LTD POC as written on form, Claim Number Defendant Details XXXXX XXXXXX ( My name) xxx xxxxx xx ( My address) 1.the claimants claim is for the sum of £1644.80 under and agreement regulated by the consumer credit act 1974, between the Defendant and Vanquis Account Number xxxxxxxxxxxxxxxx and assigned to the claimiant on 16/03/2016, notice of which has been provided to the defendant. 2.The defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment. 3.And the claimant claims the sums of £1644.80 together with costs. Ammount claimed- 1494.80 court fee- 70 legal rep costs- 80 total ammount £1644.80 i do recall a few letters of generic threats from cabot, not sure if any of them were notice of assignement. I do not think I have been sent any satements showing what I alledgedly owe and how its come to this figure. Issue date on claim form is 29th Sept 2016 yet it only arrived on friday. What should I do now, acknowledge the claim? Thank you for your help Jay
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I have today received this copy agreement from MINT and would really appreciate advice regarding its enforceability. I don't think everything is shown on my single page with my signature and I assume the "here is your replacement card letter" and clear copy of the CCA is a reconstruct. Thankyou! mintcca001.pdf mintcca002.pdf mintcca003.pdf
