HSBC Loan Cabot chasing 6yr+ Default.

[Andyorch]

Quote

Thanks DX,

 

I have checked the CCA is indeed legit.

 

Really......  Application/declaration form its not the agreement.

 

 

.

[KP44UK]

Thanks and DX and Andyorch,

 

So would it be wise to just hold tight and see what they do next, or would it be prudent to reply  saying to them they have not satisfied the prescribed terms with the "application/decleration" . Im watching my mailbox so I don't miss anything.

[dx100uk]

god NO!!

never ever enter into pointless letter tennis with a powerless dca

until or unless you receive a letter of claim

totally ignore them.

 

dx

[KP44UK]

Thanks for the help on this. In the event I get a letter of claim from the DCA, what should be my next action?

Would I be able to call out the document received as an "Application/declaration" and not an agreement or would the document as received be admissible in court?

[Andyorch]

You would be able to make your views known,

 

 

[dx100uk]

read letter of claim thread

you wouldn't tip them off no, but simply state to date what has been supplied fails to comply to the consumer credit act.

 

 

dx

[KP44UK]

Thanks both, I will post on here when I hear from them.

[KP44UK]

Just an update on this thread. I have been receiving relentless texts and phone calls from C@b0t about twice a day asking for me to call them back. I however have not received any correspondence in writing.

[dx100uk]

open

[KP44UK]

I thought to update my thread in case someone else is experiencing the same.

 

Cabot have come alive again, I have not responded to any letters or calls since cabot sent through an Application declaration claiming its CCA.
Cabot have now written to me saying they are instructing  Resolvecall to visit my home and get me to talk.

• Should I ignore Resolvecall? I gather from other posts on here that thats the best thing to do.
• Are Resolvecall able to send me a "letter of claim" and if so should I CCA them before they do. 

My initial thought is if Cabot are failing to enforce the debt by sending a letter of claim it could mean, as rightly pointed out on this site that they know the CCA they provided doesn't hold water.

 

 

[dx100uk]

Resolvecall or by their old name scotcall are an utterly useless doorstepper threat DCA . 

 

Ignore.

 

You've read what to do it they turn up I will guess .. 

 

Dx

[Andyorch]

Topic open

[KP44UK]

Many thanks for opening Andyorch.

 

Hi ,

I have today received a letter from Cabot saying that they are going to appoint a solicitor. and and have also sent a letter called Notice of Sums in Arrears which they say will lead to a CCJ if I don't respond within a month. Is this letter the same as a Notice of Claim which I understood was the process before a court application is make.

 

please see the attached letters.

Leagal action notice.pdf

Notice of Arrears.pdf

[Andyorch]

Quote

 Is this letter the same as a Notice of Claim 

 

No....file away

[KP44UK]

Cabot are now escalating their pursuit, I have today received a letter saying I have 22 days before the hand my account to their Solicitor who will the send me a "Letter before action". I think I have read on hear that the letter has to called "Notice of Claim" and not anything else, Im I correct in thinking that

Cabot action notice.pdf

Edited April 3, 2023 by KP44UK

[dx100uk]

Theyll never go near a courtroom door with the bogroll provided to date.

 

Roll on the letter of claim.

 

Dx

[KP44UK]

Just an update, per the attached Cabot have now upped the threat level and passed the case onto their other firm Mortimer Clarke. Just waiting to see what they come up with.

Mortimer Clarke.pdf

[dx100uk]

not passed anywhere mortimer are cabot's in house solicitor....so poss letter of claim coming soon.

[KP44UK]

Thanks DX as you predicted, they have sent across what appears to be a letter of claim.

They have also send a summary of payments (not attached) made up until I sought advice on here.

 

Please advise on best course of action. 

many thanks

Mortimer - Letter of Claim.pdf

[dx100uk]

ref no. page 1

 

dx

[dx100uk]

On 16/09/2021 at 13:59, dx100uk said:

read letter of claim thread follow post 4

simply state to date what has been supplied fails to comply to the consumer credit act.

 

 

dx

 

[KP44UK]

Thanks DX, I have downloaded the PAP reply which I will type in and print PDF to send. I will however not provide and emails or signature as it says on there.

Would there be a need to say what information doesn't meet the Consumer Credit Act or should I just let them figure it out. or should I send another CCA request.

[dx100uk]

you already asked that earlier....

 

On 16/09/2021 at 13:26, KP44UK said:

Thanks for the help on this. In the event I get a letter of claim from the DCA, what should be my next action?

Would I be able to call out the document received as an "Application/declaration" and not an agreement or would the document as received be admissible in court?

 

On 16/09/2021 at 13:59, dx100uk said:

read letter of claim thread

you wouldn't tip them off no, but simply state to date what has been supplied fails to comply to the consumer credit act.

 

 

dx

yes new  cca last one was almost 2yrs ago.

 

dx

[KP44UK]

Just a follow on from the above, I sent the PAP reply downloaded from here to MClarke. I had also inclosed a CCA request for Cabot Financial. 

per the attached, MC have now come back with a letter requesting me to send them a revised £1 addressed to them. I didn't think the CCA request needed to be addressed to them.

I'm I obligated to reply to their letter or should I wait for then to address the PAP reply.

Many thanks for advice as always.

Mortimer response 0523.pdf

Edited May 25, 2023 by KP44UK

[dx100uk]

you didnt write on the PO did you?

 

dx