Cabot and old Aqua card debt - keep wanting me to increase payments now letter of claim

[Strawberry_candy33]

I couldn’t find my old posts but after like 3 months of letters, Cabot have sent me a letter saying they will definitely be going to the solicitor to start action for a CCJ.

My default is due to drop off in 6 months and I was reading on stepchange website that if they get a court order before the 6 year limitation ends then the debt won’t become statute barred.

so- I’ve had no choice but to put myself in a payment plan of £1.00 per month to stop that CCJ.

 

My questions are these:

 

once the default drops off, can any defaults be readded?

 

and 

 

They were sending me the same CCJ letters for 3 months, so could they have obtained a court order without me knowing in that time ?

Edited December 8, 2022 by Strawberry_candy33

[dx100uk]

old and new threads merged.

 

looks like you question has already been asked and answered 

re read from post 1

 

 

 

47 minutes ago, Strawberry_candy33 said:

so- I’ve had no choice but to put myself in a payment plan of £1.00 per month to stop that CCJ.

eh? i hope you haven't!!!

 

they never replied to you CCA request did they?

 

dx

 

[Strawberry_candy33]

I set it up yes but payment date is not until early January.

and no they did not reply to the CCA request.

Should  I re-request it ?

surely they must have a CCA if they want to get a CCJ against me 

 

I was afraid that if I didn’t offer something then they would get a court order against me and the debt will never go statute  barred.. once it goes SB I don’t have to worry anymore 

[dx100uk]

what planet are you on?

 

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

go cancel whatever you have setup with your bank

 

stop being a DCA cash cow

 

dx

 

[Andyorch]

12 hours ago, Strawberry_candy33 said:

I couldn’t find my old posts but after like 3 months of letters, Cabot have sent me a letter saying they will definitely be going to the solicitor to start action for a CCJ.

My default is due to drop off in 6 months and I was reading on stepchange website that if they get a court order before the 6 year limitation ends then the debt won’t become statute barred.

so- I’ve had no choice but to put myself in a payment plan of £1.00 per month to stop that CCJ.

 

My questions are these:

 

once the default drops off, can any defaults be readded?

 

and 

 

They were sending me the same CCJ letters for 3 months, so could they have obtained a court order without me knowing in that time ?

 

 

[Strawberry_candy33]

Ok

 

so update:

 

Cabot have now forwarded my account to their in-house solicitors Mortimer Clark and today I received paperwork saying potential action …

 

what I don’t know is how to find out when exactly I defaulted on the original creditor because when looking on my credit files… It doesn’t show at all on Experian, default on one is showing as 30 June 2017 and other as 30 September 2017. By the end of September 2023  the debt will be statute barred anyway.

 

what do I do about the solicitor letter?

[dx100uk]

if its not a letter of claim with a reply pack wanting I&E etc then safe to ignore willy waving

 

dx

 

[Strawberry_candy33]

Yes Dx it has a letter of claim with it, a reply form and an I&E. 

If the default date was June 2017, will it SB at the end of June anyway ?

[dx100uk]

exactly 

wanting you to wet yourself and cough up.

 

no need.

 

is this your aqua card debt?

 

dx

 

[Strawberry_candy33]

Yes it is. 

[dx100uk]

posts moved to existing thread on this newday credit card debt.

 

hit letter of claim

 

follow post 2

 

dx

 

[Strawberry_candy33]

Ok I’m not going to lie. I’m slightly confused.

 

what reason would I give for disputing ?

 

I need to complete the pdf form in the thread and send that plus a CCA request to Cabot. 
 

and the same thing to the solicitor ? 

 

sorry got it...

 

I send a CCA request to Cabot with the fee

 

and I then send the completed form to the solicitor disputing ,  requesting more documentation 

 

Right ?

Edited March 30, 2023 by Strawberry_candy33

[dx100uk]

[Strawberry_candy33]

For give me DX as I don’t have the intellect that you do.

if you could clarify for me…

 

 

send a cca request along with the completed form:

 

— what completed form exactly ? Do I send both Cabot AND the solicitor the same pdf form on the thread?-

 

NOTE ONLY USE THE ATTACHED FORM below

DO NOT USE THE FORM SUPPLIED BY THE DCA IN THEIR PAPLETTER!!

DO NOT USE OR GIVE THEM YOUR EMAIL/PHONE NUMBER.

USE ROYAL MAIL 1st class - get free proof of posting from any PO counter

 

box D tick

 

I dispute this debt because..recommended reason as advised from your thread and add the debt purchaser has yet to provide any or all of the required documentation.

 

box I tick

I have requested by way of a cca request the signed agreement from the debt purchaser [CC is attached to this reply form]

 

what does it mean that CC is attached to this reply form?

 

And reason for what dispute I don’t know what to write there

Edited March 30, 2023 by Strawberry_candy33

[dx100uk]

6 hours ago, Strawberry_candy33 said:

And reason for what dispute I don’t know what to write there

the claimant has previously ignored legal requests and failed to supply any supporting documentation .

 

you can post both to mortimer

however, id be inclined to post the CCA request to Cabot.

and the completed PAPLOC reply pdf to mortimer.

 

DONT RUSH POSTING these

run it close to the 30days you have...makes it closer to SB date time.

 

dx

 

 

 

[Strawberry_candy33]

It is 30 days from the date of the letter right ?

it’s dated 24th march but I only received it yesterday. So it means I have 25 days now … I will do this and completely it and send it a week before the 30 day to allow time for posting 

 

Would it wise to send a CCA request to the original creditor too?

 

I know aqua sold it to Cabot but they might have something on file still ?

[dx100uk]

just type no need to hit quote everytime.

 

nothing to do with newday (aqua) now

they sold the debt years ago and washed their hands of it.

 

was this an online sign up or what? 

 

[Strawberry_candy33]

Yes it was an online sign up for aqua -

 

and sorry I didn’t realise I was quoting every time. It doesn’t show like that on my side. 

[dx100uk]

well it wont i've removed the quotes.

 

simply make a thread twice as long as is a bugger on mobile screens to see where your reply starts

just type.

 

[Strawberry_candy33]

Ok so tomorrow I will send the paperwork.

quick question Dx….

 

 

on the CCA request is it section 77,78, or 79 ? 
 

 

 

to confirm also,

 

I’m sending the PAP to Mortimer and and I’m sending the CCA to Cabot.

is it only the PAP I’m sending to Mortimer or do I need to include something else ?

[Andyorch]

2 hours ago, Strawberry_candy33 said:

Ok so tomorrow I will send the paperwork.

quick question Dx….

 

 

on the CCA request is it section 77,78, or 79 ? 
 

 

 

Section 78

[Strawberry_candy33]

Ok all done and sent.

i went first  class and got proof of posting 

 

I will just wait for a few weeks and see what they send me.

 

 

once they get back to me I will be in touch 

[dx100uk]

ok

[Strawberry_candy33]

I just realised I’ve made a mistake 

 

when I printed my name in the paploc letter, I put my surname which different to the one on the debt. The debt is in my married name Will they just send it back to me 

[dx100uk]

no.

ignore