Help required with Cabot

[arbo]

My wife's Monument debt has been purchased by part of the Cabot group and she has now been issued with a County Court Claim. The claim has been issued by Cabot Financial (UK) Limited although the debt was purchased by Kings Hill (No 1) Ltd. The assignment confirms that as the Group's servicing company, Cabot Financial (Europe) Ltd are entitled to recive money on behalf of Kings Hill (No 1) Ltd. Is the fact that the claim has been issued by a company that does nor form part of the assignment, albeit part of the same group, grounds for a defence that the claimant is not entitled to payment?

[42man]

Arbo.....i'll move this thread to the debt collection agencies forum.....can you tell us what the POC's are ? (Particulars Of The Claim), but don't be too specific with the numbers, a CPR31.14 or a CPR18 (Civil Procedure Rule Request) might be a good first step.....

[arbo]

42man .... a transcript of the PoC is as follows:

 

"The claimant is part of the Cabot Financial Group and has purchase the debt(s) scheduled below. Despite requests for payment the defendant has failed to pay the sum of 6853.36 in relation to the Defendant's Monument Credit Card account mumber XXXXXXX and the Claimant claims: the sum of 7143.36 together with interest under section 60 of the County Courts ACt 1984 and costs."

 

That is it. There is no record of a default notice or letter before action. The Claimant on the form is recorded as Cabot Financial (UK) Ltd rather than who the debt was allegedly sold to Kings Hill (No 1) Ltd.

 

This is new to me so I am not sure what you mean by a CPR31.14 or a CPR18. I have however sent Cabot the following letter, cribbed from other parts of this excellent website. Can you advise what else I can do or how I can offer a defence?

 

"NOTICE UNDER CIVIL PROCEDURE RULES

I write under the authority previously provided on behalf of my wife and further to your County Court Claim Form issued on 31 March 2009 in the sum of £7,143.36.

I am disappointed that you have elected this route, rather than attempt resolution of the disputed amount by responding to my letter of 28 May 2007. I also note that the last correspondence received from you, dated 11 August 2008 advises that you were returning the account to your Collections Department and makes no other reference to any other intended course of action. Your letter does not fulfil the requirements of the pre-action conduct required by the Ministry of Justice’s Civil Procedure Rules. This latest letter also alleges a debt of £7,907.84, rather than the £6,853.36 claimed in your Claim Form referred to above. Can you please explain the difference between the two figures?

In respect of the Civil Procedure Rules protocols and I put forward that you have a requirement to provide the following:

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required. I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974, which should not be used for any other purpose and which should be returned if you are unable to comply with my request. I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

2) In addition, all records that you or Monument hold on my wife relevant to this case, including but not limited to

a. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations.

c. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by my wife with Monument. is required.

d. True copies of any notice of assignment sent to my wife, with a copy of any proof of postage that is held.

e. True copies of any default notice or enforcement notice sent to my wife, with a copy of any proof of postage that is held.

f. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

g. Details of any collection or other charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

h. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

i. A genuine copy of any notice of fair use of my wife’s data as required by the Data Protection Act 1998.

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

k. Copies of statements for the entire duration of the credit agreement.

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time.

To allow time to prepare my wife’s defence I will give you 10 days from the date of this letter to respond with the above, failure to comply will result in a complaint being made to the Court, in addition to the FOS for any breaches of OFT and CCA codes. This includes breaches as a result of initiating a County Court claim where failing to provide or produce documents make litigation improper.

Furthermore, I reserve my wife’s right to make a copy of this letter and other letters, available for inspection to the Court and Financial/Consumer regulators and use it as part of her defence should you fail to comply with this request.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

I await your response. In the meanwhile and for the avoidance of any doubt, there is and continues to be, no acknowledgement of the debt on the part of my wife or anyone else acting for her."

[PossVox]

Hi Arbo,

 

Cabot can be beaten.

 

My thread might help you:

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/152289-cabot-say-debt-not-15.html#post2104983

 

It's a long thread but hopefully you'll see that patience pays off!

 

Good Luck!

 

BTW, they will most likely lie and intimidate and be arrogant in the extreme but if you keep a file of all coresspondence between you and send everything registered post or email, then you can beat them.

 

PV

Edited April 14, 2009 by PossVox