** DISCONTINUED / settled in part ** Crying for help ! Please!

[Shann23]

Amethyst .. after waited for so long I now received another letter from Cabot saying its the true copy of the agreement?! ... trying to attach it here but won’t let me ..

[Kati]

Amethyst .. after waited for so long I now received another letter from Cabot saying its the true copy of the agreement?! ... trying to attach it here but won’t let me ..

email it to me and I'll pop it up kati@legalbeagles.info ... just put a link to the thread or tell me your username in the email xx

[Shann23]

Kati email sent thanks

[Shann23]

its still not finished .. been ill about this mess .. help me to write a letter please?

[Kati]

Got it

Amethyst nemesis45 ??

[Amethyst]

I'll read back through everything properly and see what you need to do xxx

[Amethyst]

Currently on stay at the court since December 2016 - Cabot have provided a faulty agreement, no DN, no evidence of what that £1 payment was, and the recent letters from Cabot are not threats to lift the stay and proceed the claim. It's not on your credit file. So really it depends what you want to do, try head them off at the pass if they are considering applying to court to lift the stay ( after a year and no further documents sent, only a statement of account letter ) They still have only provided that front page of the agreement and no corresponding terms. You could write and tell them their faults to put them off applying but that does give them opportunity to try and rectify before they make any application. Whereas if they did make an application you could contest it with details of their faults and ask the claim to be struck instead.

It does seem like it's still stressing you though and you might feel it's really not worth it for the amount of money involved when you could get a say £50 a month installment set up and know it's not going to come back on you later on. It has to be your decision if you want to keep fighting them, there are arguments and you could win through the court process, but it's not a quick or easy process if they do apply to lift stay and summary judgment.

You should chase the SAR from Capital One to confirm the default date and any payments that might have been made to them after default ( that £1 2011 payment particularly ) although it seems you didn't plead statute barred in your actual defence in the end ?

[Your full address]
[Phone number]
[The date]
[Name and address of the organisation]
Dear Sir or Madam
Non response to a subject access request
I am writing further to my letter of [date] in which I made a subject access request, because I have not received any response from your organisation.
As the statutory time limit for responding to my subject access request (40 days) has now expired, I would be grateful if you could provide a response as soon as possible.
If I do not receive a response from your organisation within 14 days, I will submit a ‘request for assessment’ to the Information Commissioner’s Office (ICO).
You can find advice on the ICO’s website on how to deal with a subject access request [ico.org.uk/sar] and information on their powers and the action they can take [ico.org.uk/action] or call them on 0303 123 1113.
*If there is anything you would like to discuss, please contact me on the following [telephone number].
Yours faithfully
[Signature]
*optional

[Shann23]

Amethyst I think I have stated it on my defence about this being a statute barred? I would want them to go away really because I am really stressed and ill thinking about it. I will send them another letter and we will see what will their reply. I didn’t get any acknowledgement either about CAP receiving my request.. do you think its wise to attached a copy of my previous letter?

If I set up a payment plan with them will it show in my credit file? thank you again .

[Amethyst]

It really isn't worth making yourself ill over, far more important things in life You are currently in a good position to get a decent settlement figure, they know they have issues with their documents and potentially with the claim having been statute barred at the time they brought it ( default in 2008 and the claim wasn't until Nov 2016 and they only have a random £1 in £1 out payment in 2011 to base their defence to statute barred on ) so you might be able to negotiate a full and final settlement discounted if you have some 'spare' funds ( well you never know ) or just sort out your Income Expenditure and ensure any offer you make is affordable ... it wouldn't show on your credit file, the only time this debt would come back onto your credit file is if they did end up getting a judgment. Any discussion should be without prejudice and you'd want confirmation off them in writing that the claim will be withdrawn once the agreed amount is paid.

Defence was http://legalbeagles.info/forums/foru...42#post1048242 ? Unfortunately it doesn't look like it was in there. You can amend to include it but you want that SAR response from CAP1 first to confirm your dates are right. ( Amending would mean an application to the court and asking the consent of the claimant first - cost £100 if no hearing needed )

Re the SAR to Cap1 - Yes send a copy of your original letter - I'm not sure if you sent a cheque or postal order to pay the £10 originally - if cheque could you check if it's been cashed? ( I have no idea how you check if a PO has been cashed - presumably there is some way via the post office )

Personally I think I'd chase up the SAR and then reconsider the position. There doesn't seem to be any immediate threat from Cap1 to proceed with the claim but they have mentioned applying for judgment so it is a possibility.

[Shann23]

I sent a PO , I will check with the post office if there is any way to check if its been cashed. I will send CAP another letter about my SAR request. Do i have to send a letter to Cabot? thank you so much for your help.. I really really appreciate you all ..

[Shann23]

Hi there I know its been going on forever I recieved a letter today with documents ... last payment of £1 2011,most probably the postal order I’ve sent long time ago.. I will be happy to send the copy of the letter just let me know where?
lost my mum 2 wks ago and I can’t really deal with this anymore I want to end this battle soon as possible .. Amethyst Kati and Charity please kindly help me draft a letter for a final payment and its not even half of what they want. thank you so much .

[Amethyst]

Hey Shann, I'm so sorry to hear of your loss, this really pales into insignificance against losing your mum. I'll have a read back through your thread and see what the position is and put together something to hopefully just bin this one off so it's out of your hair.

[Shann23]

Amethyst Thank you

[Amethyst]

Shann, can you just do me a pic of the letter you got this morning ( Sharon@legalbeaglesgroup.com is best email or my personal one amethyst1664@hotmail.co.uk which ever is easiest for you )

I've read back the whole thread so know where we're at, just helps to have the letter to reply to xxx

[Shann23]

sent it to your hotmail. thank you