Cabot/? Claimform - Old LLoyds Credit Card Debt

[Danielle17626]

Hello, I wonder if anybody could help me.

 

I came to the site from Google as I typed in some information relating to Cabot Financial and a Claim Form and somebody had already posted a thread a long time ago.

 

I tried to follow the thread but I got really confused.

I am feeling quite stressed about this issue so that may be why I found it hard to follow, so I appreciate if this sounds familiar to you already but I may need some step by step help. I would be so thankful in return.

 

A few years ago I went travelling and I missed some payments on a Lloyds Bank Student Credit Card (£500 limit) and they labelled it as 'Default'.

My mother had moved address while I was travelling and so I failed to receive any letters from them about this.

 

I have no legal experience and stupidly thought that because it stated the account was 'Satisfied' the payment must then be erased and my punishment must be the 6 year Default on my credit file. I therefore pretty much forgot about it and carried on with life.

 

I signed up for Experian Credit Report about a year or so ago.

Suddenly I started receiving letters from a company called CABOT FINANCIAL about a debt I had to pay them.

I stupidly ignored the letters as I hadn't heard anything about the Lloyds debt in years and so didn't understand why I had to pay another company a debt from years ago, plus I couldn't afford to pay them the £663 they wanted.

 

I heard something years ago about if they are not able to contact you personally and get a response then they cannot claim anything from you.

Eg. Never answering the phone or replying to letters.

I now realise this is not the case as I have received a COURT CLAIM FORM from CABOT FINANCIAL.

 

This is what appears on my credit file.

 

LLOYDS BANK CREDIT CARD

Default Date 27/01/2012

Default Balance £663

BALANCE: £0

 

CABOT FINANCIAL (UK) LTD

Default Date 27/01/2012 (They certainly did not contact me until the last 1/2 years but the date isn't shown)

Default Balance £663

 

1st Question: Can I have two DEFAULTS on my credit file for the same amount? Eg. Both Lloyds and Cabot for the one debt I had.

 

2nd Question: Can anyone help me to respond to the CLAIM FORM from the COUNTY COURT BUSINESS CENTRE. (Details below)

 

CLAIMANT: CABOT FINANCIAL (UK) LIMITED

ISSUE DATE: 15TH SEPTEMBER 2015

PARTICULARS OF CLAIM:

Defendant entered into a credit agreement described by the original creditor as LLOYDS BANK CREDIT CARD and having account number **************.

The claimant, a UK limited company is the assignee and legal owner of all rights previously enjoyed by the original creditor.

Amount Claimed: £663

Court Fee: £60

Legal Representatives: £70

Total Account: £796

 

Do I acknowledge it, defend, contest it?

I cannot afford to pay it.

 

I am off sick due to anxiety and depression and only get £315 a month.

I also have a Lloyds Current Account that has just defaulted due to not being able to pay and I have a £3000 Halifax bank Overdraft which is nearing the limit.

I wish I hadn't buried my head in the sand but the anxiety stopped me opening the letters and these things don't go away.

 

Sorry for the long post. I really would appreciate any help and advice you can give.

If you need any further information please feel free to ask.

 

Thankyou.

[unclebulgaria67]

Re the defaults on your credit file, what happens is that when a debt is sold it can show as satisfied for awhile, as the debt purchaser buys the debt. You then have the default showing as the original creditor Lloyds, replaced by the new debt owner Cabot. The default date and amount, are the same.

 

What you can do is try to defend this claim, by challlenging Cabot to provide documents to prove tbe debt and they own it. At least this would provide you with a few months breathing space, in which hopefully your postion would improve. You are likely to end up with a CCJ, if they provide documents to continue the claim, but can arrange an affordable repayment arrangement with them

 

You should phone Stepchange the debt charity about your situation. In your position, you might be able to deal with all of these debts via some arrangement, which will stop it getting out of control..

 

To enable more advice about dealing with the claim, see this link.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Post back the information, asked for in the first comment in this link.