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  1. Hi guys, i'll try and sum my issue up quickly. Sept 2007 got hp with funding corporation for a vehicle for 4 years and stopped paying after 18 ish months. Stupidly made a payment in November 2011. Defaults were served and agreement cancelled by OC in 2009 Cabot sent letters for about 12 months that I did not reply to. Mortimer clark made contact with me threatening legal action at the end of January this year. Made SAR at the beginning feb this year to funding corp - THIS WAS FULFILLED AND i RECEIVED THE SAR Made CCA request to cabot - THIS HAS NOT YET BEEN FULFILLED AND IT'S NOW MAY. NOW called today both Cabot and Mortimer Clarke. (this is the issue along with my big mouth) to tell them my new address. asked Mortimer Clarke the status of the account (it's on hold), asked them that they I expect a responce to the CCA request and let slip that I already had the original T&C's from the OC (I really did not want to say that) called back to see if they had actioned the cca request and they said It's gone through (not quite sure what that meant) If they do Correctly action the CCA request then I may have an upper hand. The OC and Lowell took me to court and the outcome was that I return the vehicle there was no judgement for money owed. I did not return the vehicle. I wonder if it can still be taken to court?
  2. Some years ago, Cabot acquired five credit card debts I had with BOS/Halifax/IF/Barclays/Lloyds. This amounted to a substantial sum and was the result of 'getting my fingers burnt' in property development. There is no entry in my Credit report for any of these amounts, or from Cabot. For the past several years I have been paying an agreed £1/month on each account to Cabot, no payments missed or late. They seem quite happy with this and don't bother me. This amounts to the princely sum of £60 / year in reduction of the substantial debt, less whatever they spend on administration/letters etc. I am almost seventy and have negotiated substantial debt write-offs with NatWest, Capital One and Tesco directly. Cabot would not write their debts off. With my sisters help I have tried to negotiate a settlement of £2000, (ok the total debt is around £40,000), but they keep saying no. I have pointed out to them that if I live to 80 they will only get £600 and to 90 they will get £1200... ..and I will have no assets to leave, but they are adament I keep paying £1/month each account. I could simply keep paying this and let it die with me, but I want a 'clean sheet'. I have requested a SAR within 40 days. 1) Assuming they respond in the timescale but do not send any signed novation agreement or original /certified copies of the original agreements bearing my signature, can they actuallly DO anything if I stop payment? 2) I am selling the modest house I have in the UK (no equity) and going to live with family in France. If I just leave the UK and don't give any French adress what would/could they do? 3) If I did either of 1 or 2 can they retrospectively place entries on my credit report? thanks
  3. I have received documentation from Mortimer Clarke solicitors on behalf or Cabot relating to an old Halifax credit card. They are giving me 14 days to contact them before threatening to take court action. Would the appropriate course of action be to send a CCA request to Cabot with a copy to Mortimer Clarke? Also, does sending a CCA to Cabot constitute a communication that would reset the statute barred date? Thanks very much.
  4. Hi, For over 10 years I am on DMP. I started with the company who was charging me a lot for just collecting my DDR and distributing them to my creditors. I have over £ 50k in debt and pay £240 pcm. As me and my husband are retired that money is very needy. I was thinking of stopping DDR and try to sort out the debt. Could anyone give me an advice where to start? If I stop DDR can the debtors put a default on my accounts? after receiving numerous phone call a day I got myself into DMP with stepchange; recently I have discovered consumer action group and I decided it is time for me to act . My plan expires in 2037 and I have already paid them more then they bough my debt for, my question is do I need to cancel direct debit first or I can send them a debt validation letter? did anyone have similar problem?
  5. Hi, Looking for some advice on the attached letter from Cabot Financial please? I have another re the Faith card but is almost identical, but can upload if needed. Their 12 days is up on 01/10/17. I took out a Faith store card (balance £414.42) in 2004 and a British Credit Trust loan (balance £2027.73) in 2004 also. Both defaulted in 2006 and I put them with Consumer credit counselling service (Now Step Change). However, I stopped paying anything to these a long time ago and I don't believe I ever agreed anything with Cabot. Cabot are not showing on my credit file, although it does show that Cabot financial have searched my details in May 2017. Is it likely I am going to need to pay these clowns? They have had Resolve Call coming to my home. I have only managed to increase my credit rating recently so that I have a credit card and don't want these causing me any further issues. Any advice is greatly appreciated. Thanks British Credit Trust Letter.pdf
  6. Hi, I wonder if anyone can help? Today I received a letter from Mortimer Clarke Solicitors acting on behalf of Cabot Financial and tyring to get a charging order for an unpaid debt. attached to the letter is copy of the county court judgement dated 6th July 2017 and a copy of the intermin charging order dated 7th September 2017 it states I have 14 days from the date of this to send in reconsideration and unless the judgement debtor o any other person files and serves their objection to the continuation of the charge in writing, within 28 days from the date of service fo the order, the application will be considered by a district Judge no later than 26th October 2017.. Firstly, I have no clue as to what this debt is for, had no clue that it had been to court (until today). The debt is for £4,895.22. What do I do? As in how do I go about finding out what this debt is for, overturning the judgement etc? Any help would be much appreciated. Many thanks Hannah
  7. Please help, I recently attend a county court for claim made against me by Mortimer/Cabot to be set aside. this is going to be a lengthy story but please bear with me . My story below; I obtained a vanquis credit credit in 2007. The limit was £1800, but I did not realise that they have increased my APR from 19.9% to 29.9% without any notification from them .i realised nearly a year they have done so and that was in 2009, I gave them a call immediately to find out why, but their response was they will investigate and get back to me but they never did. I called them on numerous occasions but I never get an answer why the APR was increased without any notification. I wrote them in 2010 after months of calling that I will stop paying them if they don't tell me why they increased my APR without any notification and that was exactly what I did. The last correspondence I had with Vanquis was in 2011. At this time the debt on my account was £1258 I moved out of that address in June 2014 to a new address. I found out in January 2016 on my credit file that the CCJ was set against in me in July 2015 for the total debt of £3909, I immediately file for a dispute and explained the reasons above and Noddle credit agency got back to me saying I should contact Cabot which I failed to do because I didn't want to have any conversation with them. I received a notice Attachment of Earnings from the county court in November 2016 which I provided and I did applied for the case to be set aside also. Judge dismissed this case and ask me to arrange a payment plan with Mortimer/Cabot. I thought the judge was very unfair, he did not listen to any of my reasons, despite that I have tenancy agreement that proof that I moved out of the old address and that I did not receive any letter prior to CCJ, he did not even look at my documents. He said I should have contacted the court in January 2016 when I found out on my credit file and that I should have contacted vanquis also of my changed address. Thank you for patience for taking your time to read this lengthy story. Please your advice on How do I moved forward from here. Thanks
  8. Hello everybody, I am acting for my partner who had PPI added to his Capital One credit card account one month after he took on the credit card. He did not sign or tick a box to accept PPI. He was quite clear to Capital One during the application process - he didn't want PPI. One month after he signed the agreement, Capital One telephoned him and asked him to have a direct debit. He said yes to the direct debit. He always worked very long hours so did not notice until last year that Capital One had added PPI to his account the same day as that phone call. As soon as he noticed, he cancelled it. Capital One refused to refund the PPI payments. We went to the FOS, whose adjudicator gave his decision that because my partner spoke to Capital One in that telephone conversation one month after opening the account, my partner "must have, on the balance of probabilities", agreed to taking out PPI. This, despite the fact that my partner provided the copy original credit card agreement, (hard evidence), and Capital One only provided the standard blank telephone script. We complained to the adjudicator and asked for an ombudsman to take on the case. The adjudicator wrote back explaining his reasons in full, and saying he wanted to "resolve the matter informally", and asked my partner again if he wanted to put it to an Ombudsman, or accept his "view" so as "not to delay matters further". My partner has written back saying that he had already requested that the matter go to an Ombudsman and that he is contacting our local MP. I personally believe that the FOS have agreed a quota with the credit card companies, as to how many consumers' claims they will let through (decide in favour of), and that they are now under so much pressure due to the number of claims they are processing, that they now wish to get rid of as many claims as possible, without looking at hard evidence. I believe it will take interference from an MP to get a fair investigation and a fair decision from the FOS.
  9. I have a number of accounts that I am paying back on an agreed debtmanagement plan, one being a credit card with HSBC. The dilema I am in is that all the other companies have changed the status of my account on experian to Special Instruction Indicator: Arrangement and I have been paying them upto date for over a year now. All this is showing a green symbol. In trying to rebuild my credit rating and finances etc HSBC Credit Card have not changed this, yet they accept my payment of £x.xx per month and have frozen the interest (although it it with MCS) This still shows as a red symbol Is there anyway I can get them to alter this to relfect I am on an agreement and that I have kept up with monthly payment? The arguement they came back with before was that they wanted more than triple what I offered to and am currently paying and therefore did not accept the agreement?? Yet they have settled for a reduced amount and have done so for some time Any thoughts please?
  10. Hi I previously received the simple procedure paperwork regarding a LloydsTSB Credit card debt from 2013 for £1900 ish I did a bit of research and found this place so sent my response back as per what I found on here and fired a CCA request to Cabot ( I made one mistake and said I'd sent it recorded when in fact I sent it 1st class with proof of postage - no matter as they mention it in their reply which to me is an acknowlegement) I now have a case management meeting Next Week I have also received a reply from Nolans - both of which I'll add as PDF's (now that I've figured out how to do it) So, first of all, thank you for the excellent advice & information on here and secondly, how do I handle the case management meeting? what do I need to say and possibly, more importantly, what do I make sure that i don't say? SO1.pdf Nolans reply.pdf
  11. Hello, This is my first post on this forum so I hope I have posted into the correct area, apologies if not! I recently received a CC Claim Form and a Judgement for Claimant (in default) after picking up post delivered to my old address. The CC Claim Form was dated August 2014 and the Judgement dated September 2014. I managed to pick up this post at the start of February 2015 having moved address in January 2011. Until I opened the post I had no idea of what this contained. The Proof of Claim details are:- Claimant - Cabot Financial (UK) Limited, 1 Kings Avenue, Kings Hill, West Malling, Kent, ME19 4UA Address for Sending Documents & Payments - Mortimer Clarke Solicitors, Worthing, West Sussex Particulars of Claim:- "By an agreement between CitiFinancial ("CFE") & the Defendant on or around xx/11/2007 ("the Agreement") CFE agreed to issue the Defendant with a credit card upon the terms & conditions set out therein In breach of the Agreement the Dedendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant on xx/09/2010. THE CLAIMANT THEREFORE CLAIMS: xxx.xx" The amount is between £700 & £800. As I did not know of any claim I did not have any chance to defend myself and therefore the Judgement was made on xxth September with additional costs of around £150. I called the Court to request further information and guidance and later checked out this website and decided to apply to have the CCJ Set-Aside - this cost me around £150 for the service. Before attending Court I received a letter with a draft order from Cabot agreeing to have the Judgement Set Aside and I attended court earlier this month where the Judge granted this as below:- 1. The Judgement against "me" dated "xxth September 2014" be and is hereby set aside 2. The registration entry be cancelled 3. The Defendant shall send to the court and to the claimant fully particularised defence by 3pm xxth April 2015 4. If the Defendant failed to comply with paragraph 3, the claimant shall be at liberty to enter judgement against the Defendant I have submitted a CPR 31.14 Request to Cabot with a copy to the solicitors and also sent a CCA Request to both. Earlier this week I received a letter from Cabot saying that "they acknowledge receipt of my request under section 77/78 of the Consumer Credit Act 1974, however it would appear that the address you were writing from differs to the one which is held on our records". " In order for us to provide you with the information you have requested whilst protecting the data of our customers, I would be most grateful if you would provide by return proof of your address. Acceptable forms are copies of a utility bill or driving licence." "Upon receipt if this information and provide it matches the details on our records, we will be happy to provide the information you have requested". How can I provide them with proof of address when I don't live there any longer? I'm confused as to how this works and concerned that I've not done the right thing! The CCA Request and CPR 31.14 Request was sent by me from my present address with the reference number on the Court Order etc. I've got to put a defence together for the first week of April and I'm under the impression that a CCA Request provides them with 12 days to respond, this is fine if my original requests are valid or does to recent "address differ" throw a spanner in the works and reset the time clock again? Can anyone help me please? Do I need to do anything regarding CCA / CPR? Thanks Simon
  12. I have recently signed up to clearscore and viewed my file, I have noticed I have a CCJ dated back to 14/01/2015. I guess I will have had correspondence from the courts way back when but I have no recollection of that. i emailed the courts and they advised it was debt recovery agency Cabot and saying that restons are representing them. The original debt was Lloyds TSB loan, which I do remember and being the overused 'young and daft' ended up defaulting. I have certainly not acknowledged the debt or made any payments in the past 6 years. I have been reading other similar posts and seeing a lot of great advice, but I am not sure what applies to me seeing as though the CCJ is so old. The court have advised I can contact claimant to arrange payment plan or make a claim to 'set aside the judgement' I have yet to do anything and thought it best to seek advice first. The court have indicated that the original debt was 'on or around September 2008 So, thats why I am here, looking for any help, is this statute barred? Should I be looking to get this set aside? The reason I found out in the first place is that I am looking at a career change and trying to gains some professional qualifications where my history will come under scrutiny, so I would rather not have it there if it shouldn't be there.
  13. Hi, I would be thankful of some advice please. In 2012 I defaulted on a Studio account and my debt was sent to a debt collection agency/solicitor dept due to low earnings due to illness a £10 a month payment plan was set up, this went without fault for nearly 3 years and I used to make payment by phoning up every month and paying via debit card over the phone. The company name I used to pay the £10 a month to now escapes me however for the final month I phoned up to pay there was an answer phone message stating that the company no longer operated due to being removed from some kind of authority to practice in the collection for debts, I forget the exact terminology but when I googled the company it seems they had been struck off for some kind of illegal practices. There was a phone number of a company that were now dealing with this struck off companies affairs and when I contacted them they could not find a record of my debt on their system and advised me to speak to the original creditor, I called Studio to ask them for information regarding the outstanding debt and was told the debt had been sold and they no longer had any recourse on the funds that were owed. I felt I was going round in circles and could not do any more so I forgot about the debt assuming when somebody wanted the money they would write to me. In November of last year (2 months ago) I received a letter from Restons solicitors demanding the full balance of a little over £600 by way of a "letter before action" I called them immediately and explained the situation regarding the struck off company and the payment plan I had in place and was told if I wanted to set up the same payment plan I had to complete an expenditure form on their website to show affordability which I did just before Christmas. I expect to receive some kind of response when they had analysed it but not the response I did get: Today I have received a claim pack from Northampton county court, This is new to me and after a bit of research I figure this is the start of a CCJ they want to get put on me. Now I have a few questions. Firstly how do I resolve it at this stage so I dont get a CCJ, Its only for a relatively small figure inc fees a total of £800 and if possible I dont want to get a CCJ for this amount, I have read if I pay the balance within 30 days It does not get recorded on my credit file, is this 30 days from the date on the claim form or from date of judgement against me? I have tried calling Restons to get some answers as to why they did this, however i get through to an answerphone message that states they will call me back but they havnt yet and Id like to be informed of my next moves before I do actually get to speak to them, thank you in advance for any help. I would like to add on the claim form it shows Cabot as purchasing the debt in march 2016 yet the first I heard about this was November from Restons, Cabot had not even wrote to me to try and get a payment plan set up.
  14. hey all i'm once again finding yorkshire bank causing me a troubling time. i had an overdraft of £500 with my YB current account. they wanted me to pay it back when i was in financial difficulties (the best timing). i made an arrangement of £20 a month but i paid £30 a month into the current account with the £10 covering interest. this all whilst on jsa too. i struggled paying that along with other arrangements i made with them. ..i was really naive about what i could offer them but once i got advice on it, i simply told them that i could no longer afford the arrangement and it was apparently passed onto collections. i don't understand it but my current account has now been closed. i was expecting a refund of charges after a decision made by the Fos into that account. the first instalment was made but nothing after and after making an of offer of payment of £1 a month, i have had an acceptance of that offer from a solicitors of yb i think but the amount is a lot higher. there's some letter and other charges apparently but the balance makes no mention of the refund i'm owed. so what should i do? i personally was thinking i'd outline all of this in a letter but i wanted to get some advice first as when it came to my fos decision, i wish i'd taken some help from here as the amount is nothing compared to what i was really owed but because i was none the wiser, i just thought it a really good offer at the time clueless me. ahh well..live 'n learn eh edit: i forgot to mention that i have a deadline for this token payment offer. should i try and resolve the amount first and then pay or make the payments £1 offer in the meantime? thanks in advance for any help
  15. Hello all, Cabot are writing to my old address, from which I get some mail forwarded, but certainly not all. The latest letter is a statement regarding a debt which is definitely SB, nothing paid on it since 2009. The amount was about 1.2k; Cabot have now added a transaction with something like "LGL ADJUST BAL" on it with a "credit" about £570. They have written YOU NEED NOT TAKE ANY ACTION on it. Is this an attempt to make it look as though there's been activity on the account? I don't know whether to send an SB letter, probably best to ignore? I'd rather they didn't send mail to my old address, though. Is it wise to just give them my new address? I'm quite confident in rebuffing / ignoring them if they do attempt to chase. Thanks DP
  16. Hello, my wife has received a claim form from Shoosmiths on behalf of Cabot. We have been away visiting relatives and only got back Sat and the issue date was the 7th July. I quickly acknowledged the claim on sat 23rd. Has she run out of time to handle the claim. Details are below: Name of the Claimant ? Cabot financial Date of issue 7th July 2016 What is the claim for – the reason they have issued the claim? The particulars: 1. The claimant claims the sum of £668.85 being monies due from the defendant to the claimant under a regulated agreement between the defendant and JD Williams led (Jacomo) and assigned to the claimant on the 17/02/2016 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 and a default notice has been served. Pursuant to the consumer credit act 1974. 3. The claimant has complied, as far as necessary, with pre-action conduct practice direction. What is the value of the claim? £668.85 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Catalogue When did you enter into the original agreement before or after 2007? was in 2010 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. Cabot issued the claim 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? I don't think so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? None Why did you cease payments? Finance problems What was the date of your last payment? 11/02/2016 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 Actually I've just checked on noddle and the last payment on the account was made on 11/02/2016.
  17. Hi there, I have an old Halifax credit card that defaulted 5 years ago. I have been paying a reduced amount each month on a SO. Halifax closed the account and Cabot, who took over the debt in September 2015 have been sending me letters, which I've ignored as it's being paid each month. They have now passed my account to Restons. A search shows a wealth of posts on how they like to go down the CCJ route. As of yet, I haven't heard from Restons. It was only 3 days ago that Cabot wrote to me advising. My question, can i actually defend the CCJ if court papers come through? Or is my fate sealed. I'm not adverse to paying the debt, though this was due to fall off my credit file early next year. A CJJ would be terrible for us. Any advice would be great.
  18. Today I received a claim form from Cabot Financial with docs to be sent to Mortimer Clark Sols. Name of the Claimant ? CABOT FINANCIAL Date of issue – 24 JULY 2017 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 26th AUGUST 2017 What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. By agreement between CAPITAL ONE BANK (EUROPE) PLC & the Defendant on or around 24/07/2014 ('the Agreement') CAPITAL ONE BANK (EUROPE) PLC agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 307.59 What is the value of the claim? 392.59 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD When did you enter into the original agreement before or after 2007? 2014 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 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? Not that I can remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? became ill and went on benefits What was the date of your last payment? unsure 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 planicon? no
  19. I have a old credit card debt was with goldfish from August 2000 for 7k, Cabot brought this assigned to them November 2008, I did try doing the honest thing an made some monthly payments the balance is now 6607, they tried applying pressure to put the payments up which then got returned unpaid from my bank since I've avoided them, about 3 1/2 years, I received a letter from Resolvecall asking for my information an just had a card put throu the letterbox hand delivered requesting I urgently contact them. I don't have the funds to pay them, I live in rented accommodation, I'm actually behind n a payment plan with hmrc, the pressure is building up an I'd really like to put this debt behind me. Please can anyone explain the correct procedure I should take. Many thanks David
  20. Originally I had accounts with Egg, Barclaycard and Goldfish which had all become Barclaycard by the time I defaulted sometime around 2009. These accounts have since been bought by Cabot and one has been farmed out by them to Westcott. It turns out that 2 of these 3 accounts have the wrong date of birth for me. The month and year are correct but the day date is not. I know that at some time in the past all three accounts had the right date of birth as it was used as a security question in any telephone conversation - of which there were many. One of the accounts is the one with Westcott and was the first to become noticed when I failed security. The other is direct with Cabot. To cut a long story short Westcott DEMANDED my birth certificate which after some protest I duly provided Their action was to change the date of birth on the account About year ago the account with Cabot reared its head too and in that time they have been trying to obtain the original agreement from Barclaycard. They have recently responded that Barclaycard are unable to supply the original agreement so they have also changed the date of birth on my account and as far as they are concerned the complaint is closed. My contention is that the one unchangeable event in ones life is the date you were born and that if these are my accounts the data is corrupted or they are simply not my accounts at all. Unfortunately I can't verify any of the history as during a house move 6 years ago the box containing all my financial records was lost. I am tempted the contact both the Data Protection registrar and the Financial Ombudsman and to tell Cabot that this is the action I am about to take. Should I be doing this or is there some other action I should take. The sums on the 2 accounts together exceed £20,000 and I have been paying £1 per month on each for the last 8 years or so Thank you for your advice in advance
  21. My wife has recently received a claim form from Restons on behalf of Cabot for an old HBOS credit card debt. We will be defending the claim because we're pretty certain that they're not going to be able to get a signed agreement with the acct number on it. I've sent an Acknowledgement of Service, and have filled out the questionaire below. Name of the Claimant ? Cabot Financial (UK) Limited Date of issue – 05 June 2017 What is the claim for – The Claimant Claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Halifax dated on or about MMM DD 2005 and assigned to the Claimant on June 24 2016. What is the value of the claim? 6773.00 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before 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 Financial Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? I think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so Why did you cease payments? We got into financial difficulties. What was the date of your last payment? I believe my wife was making payments through Stepchange until late 2015/early 2016. 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? We did through stepchange but it came to an end.
  22. Hi I'm desperately seeking help please. Ex wife and me took out a loan with Sainsburys Bank in 2008. It was for her failed business but as she was self employed and I had a good credit rating, we took it out in joint names. We divorced in 2011 and she was supposed to carry on making the payments as she had the better income. Defaulted in Jan 2012 and nothing has been paid since then. Was disputed formally in December 2012 by me - wrote to Westcot who said they would provide agreement and never did (I have that letter - their account was placed on hold until the agreement was sent and they never sent it). Fast forward 4 years - October 2016. I received a letter from Sainsburys advising they had sold loan to Cabot. Also received a letter from Cabot asking me to make contact with them. Wrote back to Cabot advising loan was in dispute and they have provided a v poor copy of agreement (photocopy of photocopy) and historic statement of account. Both Sainsburys and Cabot have now written to me to say they think agreement is enforceable and Cabot have just sent me a further letter asking me to call them. Ex wife has just buried her head in the sand and although she is the one with money, she is ignoring all this. I work for a bank so have never had problems like this before. What should I do now? My credit file just shows one default to Cabot dated Jan 2012 Any advice would be great Thank you so much
  23. Name of the Claimant ? CABOT FINANCIAL (UK) LIMITED Date of issue – 15 MAY 2017 What is the claim for – the reason they have issued the claim? “ 1. By an agreement between SAINSBURY’S BANK & the Defendant on or around 20/10/2010 (the’Agreement’) SAINSBURY’S BANK agreed to issue the Defendant with a credit card. 2.The Defendant failed to make the minimum payments due & the Agreement was terminated. 3.The Agreement was assigned to the Claimant. 4.THE CLAIMANT THEREFORE CLAIMS £2200.” What is the value of the claim? £2200 Is the claim for a current (Overdraft) or credit card /loan or catalogue or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? After: (around October 2010) 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 debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes – aware; not sure if Cabot is the first assignee (I tended to ignore all correspondence from debt collection agencies) Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure Why did you cease payments? My husband became disabled, was granted ill-health retirement by his employer and is now in receipt of PIP. We had a number of sole & joint accounts between us. We wrote to all our creditors (banks and credit card companies) explaining the situation, and they all, without exception, issued default notices, terminated the Agreements, and assigned the debt. What was the date of your last payment? February 2014 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 we communicated with all creditors, explaining our situation. They all seemed to accept that we were so straitened, that repayment was not possible, and they all assigned the debts. Hello I'm seeking help with a County Court summons that I've received from Cabot Financial; I'm doing my best to follow the advice here on CAG and, to this end, I 'm following the instructions contained in the thread "You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014" I have a question: how should I fill in the N9B form? Should I tick the box that says "I dispute the full amount claimed as shown on the claim form"? If so, what should I state as my defence?
  24. Hi Cabot /restons are taking me to court tomorrow for an unpaid credit card debt. Card was started in 2002. Debt was built up whilst receiving treatment for prostate cancer because I ran my own small limited company. Although the card was registered in my name, The card was used solely to pay business debt and that business folded some years ago. Lloyds TSB sold debt to apex management who in turn sold on to Cabot but I have no evidence of Cabot purchasing from apex. Restons tried taking me to court in Northampton last year but it was stayed because they could not provide my request for production. The law then was that they had to produce this in 12 days plus 2 days. Do you know if this still stands? Tho they have since sent me copy of one page of signed agreement with illegible writing. They have sent statement of account of duration of card use and also copies of limited pay plan where the company paid £5 pm for several as a gesture of goodwill. - this was not to Cabot who bought debt later In my defence tomorrow I have obtained doctors letter confirming the loss of my mother recently and that I am suffering from stress and anxiety - btw I am 66 years old. They have not produced original agreement under credit consumer act of '74 This is my defence I quote consumer credit act of 1974 they did not comply with statutory 12 days plus 2 to supply the signed credit agreement. Northampton court have already stayed this case previously because restons were unable to supply requested information. Any help and advice for tomorrow would be much appreciated thank you
  25. Hi, Received two letters today: One from Mortimer Clarke Solicitors (dated 28/01/2016) Re: Cabot indicating that they have received no response to the claim form issued.( I was going to ignore it until I looked at the second letter...) Letter Two: Judgment for Claimant (in default), from the County Court, dated 28/02/2016 Claimant: Cabot Financial (UK) Ltd. I checked my credit file using Noddle: It shows one active credit card which is OK and currently active. Then .. Starting from Oct 2015 to Dec 2015 there is an entry for Cabot with a Default for each month. There is nothing else there, no balance history . The account details state that it is a credit card , defaulted 25/04/2010 - Balance: £680. Account start date 11/04/2008. On public information there is a CCJ from 28/02/2016. I had two credit cards back then , one I know was paid off, the other obviously was not. I think it may have been a Capital One credit card. I have never received a Claim form and have not had any dealings with Cabot. I have not had a Notice of Assignment . Should I contact to Court to apply for the Judgment to be set aside because I did not receive the Claim Form and have no proof that I owe Cabot anything? Can I get a copy of the Claim Form? (i feel disadvantaged because they seem to have all the information whereas I have none) Should then CCA Cabot and CPR 31:14 Mortimer Clarke? Any help or guidance greatly appreciated .... Thanks.
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