Cabot/Weightmans Claimform - Old Lloyds credit card***Claim Discontinued***

[Guest]

failure to comply with pre action protocol doesnt necessarily negate a claim. there are specific cpr rules re that. but, it shld be mentioned.

statute bar is 6 years in england.

[Craigbadger]

Weightmans have acknowledged my cpr stating that it may take some time to obtain what I requested. Presume that makes no difference for the moment.

[Bazooka Boo]

Yes, just wait for their next load of deforestation, it's great knowing the rules, because we get to play their little games too!

[Dotty50]

But do bear in mind that a defence will need to be submitted, if that is your intention Craig. I think you have until 6th March to do this so I would prepare it so that you can get advice/opinions in advance.

 

 

If they do produce some paperwork, then it can be reviewed and amended accordingly depending on whether there are any arguments about enforceability, if they don't produce anything, you can ask Cabots for an extension but you must get their written confirmation to pass to the court. There is a maximum number of days that it can be extended but I can't remember how many but I am sure someone can let you know.

 

 

It's typical of these solicitors issuing claims without having their paperwork in order! They rely on peoples ignorance and end up getting a judgement by default.

 

 

You may think this is a bit far ahead but I think it's best so that you don't have a last minute panic to get it done!

[Craigbadger]

No that makes perfect sense Dotty.

 

I have to admit that at present I was sort of going with Dx's view and waiting to see what they came back with. I am still not happy with the amount being claimed as A. The credit limit was £2500 and B. I'm sure they kept charging interest, late and overlimit fees for 7 months after default date despite asking for the full amount a month after the default by way of their in house debt collector demanding the full amount. I also want to know why the balance suddenly dropped by £31.

 

If they do provide a fully enforceable agreement and everything seems to be in order is there any chance of stopping the ccj?. I keep seeing about Mediation. Obviously I don't dispute ever borrowing from Lloyds but they've had it back many times over and for several years the minimum payment covered the interest. Funny enough they mis sold me ppi on several loans so it was the real dirty single premium ppi and I did get a large sum back. If it can be proven that the maths are right and that they have the right to be doing what they are then I would be willing to come to some sort of agreement of repayment. Would be fair to say I feel a fair bit of resentment towards them as a bank knowing in hindsight the degree to which they knowingly ripped me off and here they are suing me.

 

I just try not to worry to much about these things because I know how they can take over and actually affect other elements of life. Im 34 and a non homeowner so naturally don't need another 6 years of financial crippling.

[Craigbadger]

Something I have noticed upon looking through some envelopes.

 

Would a "notice of change" be classified as an assignment?

 

In November I received a Notice of Change from Marlin, it looks a pretty important document that gives the impression they are now in charge. Yet if this gives the impression my account is now with Marlin. Surely for Cabot to take action they would of had to change it back to Cabot.

 

I saw a thread somewhere else about one purchasing the other, are they trying to deliberately mislead people into thinking they are a different company?. Either way its flaming confusing to the layman(me)

[Dotty50]

Unfortunately they will keep adding interest and fees even after the default notice has been issued, one of mine has gone up by a couple of thousand and it may be on an enforcible CC.

 

Most of us are here because they all got too greedy, increasing rates and making accounts unaffordable and then not offering help when they were approached!

 

As far as avoiding a CCJ is concerned, I can't really advise because I've not been that far down the line with a claim but I guess that's what mediation is for so that you can try and reach an agreement before proceeding. At least they can't get a charging order on your property so that might make them a bit more agreeable to accept a re-payment proposal or partial settlement. Although they could go for an 'attachment of earnings' if you are working, but they have to get the CCJ first!

 

As far as a 'notice of change' letter is concerned, I've not come across one of those and yes Cabot did acquire Marlin last year so maybe the letter just advises you of this. Just google Cabot Marlin and you'll find details.

[Craigbadger]

Just seems stupid that they can add agreement interest for so long after, I think they terminated the agreement a month after the default. I could understand the 8% but surely you can't add 39% or whatever when the agreement has been ended although they haven't put the 8% in the claim.

 

I'm self employed and my profits have been below the taxable amount this last couple of years so I guess they won't be getting much like that. Is there an attachment of earning equivalent for self employed?

The only things of any value I own are my laptop, phone and car. All 3 essential for work. Im really worth sod all to anyone financially and they are going to be trying to get water out of a stone. My mum has said she'll give me a hand if it helps avoid the ccj although that will be more in the way of £50 a month which I will then owe her but if they go for a ccj I will repay it at what I'm told which will hopefully be low given my low earnings.

[Dotty50]

I don't see how they can get an AOE if you're self employed.

 

At the end of the day, only the court will decide what you can afford based on your income and expenditure, so that's also something you can be prepared for, if you are asked to prove this.

[Craigbadger]

I guess I've got professional accounts and bank statements for that.

[Dotty50]

They can't argue with those but just make sure little things like dental costs, prescriptions and lots of other small things that you don't always think of!

 

I pay 3 mobiles (mine, hubby's and son) I wonder what they would make of that?

[Guest]

I don't see how they can get an AOE if you're self employed.

 

.

 

they cant.

[Dotty50]

Thanks for confirming that Ford.

[dx100uk]

and they've gotta find the CCA FIRST!!

 

 

bit premature all this guys..

 

 

stop worrying..

 

 

dx

[Craigbadger]

Yep thats my general approach to life now after worrying about paying several credit card bills with no gain for 10 years.

 

Worst worst worst case I get a ccj, really not the end of the world given my lack of assets so i'm really not going to worry

[Guest]

Thanks for confirming that Ford.

 

 

craig, wait see what transpires, try not to worry. stick to court deadlines.

they shld have to satisfy the then s127 (3)... con credit act. a recon shldnt suffice.

as dotty says, that notice letter seems something re the change of company (cabot acquiring marlin). scan it up if in doubt.

[Craigbadger]

There you go, probably nothing relevant. Still a strange one.

[Guest]

ah ok. that just seems them telling you that they are now/were the dca 'collecting' on behalf, the creditor still being cabot.

[Craigbadger]

Thought it was something along those lines.

[Guest]

nowt to worry about.

is still for cabot to respond to your cca/cpr. wait for that.

but stick to court deadlines

[Craigbadger]

Yes its making sense now.

 

 

So stick to deadlines, defend even if they havnt forfilled their cca or cpr.

 

Am I right in thinking it would not be unheard of for solicitors aim to be to sneak a default ccj rather than actually push it?,

 

 

infact this being the initial aim.

 

 

Im guessing they win no end of claims by default when people either don't defend or roll over.

[dx100uk]

by jove I think he's got it after 6 yrs

 

 

dx

[Guest]

Yes its making sense now. So stick to deadlines, defend even if they havnt forfilled their cca or cpr.

Am I right in thinking it would not be unheard of for solicitors aim to be to sneak a default ccj rather than actually push it?, infact this being the initial aim. Im guessing they win no end of claims by default when people either don't defend or roll over.

 

yes

they cant go for a def ccj in yr case as you have acknowledged and will be doing a defence in time.

see what, if anything, they come back with.

yes, whatever happens, do yr defence in time.

[Craigbadger]

Interestingly been in my lock up and found a letter from a few years ago when Lloyds still owned it.

 

 

Credit security limited who were acting for them were offering 30% discount.

 

 

I know I've seen that offering discounts tends to mean they can't enforce it.

 

 

I know its nothing to get excited about but interesting.

[AndyOrch]

I know I've seen that offering discounts tends to mean they can't enforce it.

 

No it doesn't...far from it...there may be numerous reasons that a discount is offered...one being its cheaper than litigating and taking it to trial ....only a court decides if any agreement is enforceable or not.....if it ever gets that far.

 

Andy