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cabot taking me to court even though I am paying an agreed amout

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  • cabot taking me to court even though I am paying an agreed amout

    Can anyone help me on how to proceed with the following
    Recieved county court claim today from mortimer clark solicitors acting on behalf of claiment cabot
    particulars of claim
    by an agreement between goldfish bank ltd and the defendant on or around 25/11/2002(the agreement) goldfish bank ltd agreed to issue the defendant with a credit card.the defendant failed to make the minimium payments due and the agreement was terminated.the agreement was assigned to the claiment. The claiment therefore claims £XXXX
    I have a letter dated april 2008 stating cabot have bought the debt and that the agreed monthly repayment plan with goldfish bank now needs to be maintained with cabot. I have kept up the plan and have never missed a payment.
    I dont understand why they are now taking me to court can some one please advise how to proceed
    Thanks
    Tags: None

  • #2
    Re: cabot taking me to court even though I am paying an agreed amout

    [MENTION=87380]Diana M[/MENTION] [MENTION=55034]nemesis45[/MENTION]
    Last edited by Kati; 15th April 2017, 11:23:AM.

    Comment


    • #3
      Re: cabot taking me to court even though I am paying an agreed amout

      Hello Teeder,

      Cabot does pull tricks like this at times in the hope of getting a settlement.

      How much is still owing?
      How much are you paying each month?
      I recommend sending Carboot a request for a copy of the agreement under the provisions of the Consumer Credit Act 1974 there's a template in the green box above for you to amend to suit your case.

      There is a £1.00 to pay use a postal order for this and mark it " For Statutory Fee Only" send this by signed for post so you can check delivery.

      Cabot has 12 + 2 Working Days to comply, if they fail to comply in time the alleged debt is rendered unenforceable until they do provide the agreement.

      As this date back to 2002 they may have problems getting a copy.

      Can you please post a copy of the claim form here after removing your name address and the claim number or type in the particulars of claim word for word as there is another request for information to be sent to Mortimer Clarke ( which is Cabot's in house " legal department".

      nem
      The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

      Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

      If you receive messages from anyone offering advice for a fee please report it to the site team.


      Animo et fide.

      Comment


      • #4
        Re: cabot taking me to court even though I am paying an agreed amout

        Hi Nemesis
        The Particulars of the claim are worded exactly as I have put them in my original message.What do I need to ask the solicitors for
        Thanks

        Comment


        • #5
          Re: cabot taking me to court even though I am paying an agreed amout

          CCA Request || CPR 31.14 Request

          - - - Updated - - -

          upload the actual N1 form minus your person names etc and numbers as requested

          Comment


          • #6
            Re: cabot taking me to court even though I am paying an agreed amout

            Originally posted by teeder View Post
            The Particulars of the claim are worded exactly as I have put them in my original message.
            That's fine, you don't need to post them again.

            Originally posted by teeder View Post
            particulars of claim
            by an agreement between goldfish bank ltd and the defendant on or around 25/11/2002(the agreement) goldfish bank ltd agreed to issue the defendant with a credit card.the defendant failed to make the minimium payments due and the agreement was terminated.the agreement was assigned to the claiment. The claiment therefore claims £XXXX
            Di
            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

            This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


            Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment


            • #7
              Re: cabot taking me to court even though I am paying an agreed amout

              Originally posted by teeder View Post
              I have a letter dated april 2008 stating cabot have bought the debt and that the agreed monthly repayment plan with goldfish bank now needs to be maintained with cabot. I have kept up the plan and have never missed a payment.
              I dont understand why they are now taking me to court
              The short answer is they're taking you to court because they can.

              It doesn't seem fair or right since you've faithfully paid what was mutually agreed for the last nine years or more. Sadly debt purchasers are commercially motivated so morals don't seem to enter the equation.

              What you may now need to decide is whether a court would consider ongoing payments to be an admission of liability for the debt/claim.

              File the Acknowledgement of Service online stating that you intend to defend all of the claim. Do not enter anything in the "Defence" box at this stage.

              How much are they claiming in round figures?

              Di
              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

              This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


              Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment


              • #8
                Re: cabot taking me to court even though I am paying an agreed amout

                Originally posted by teeder View Post
                What do I need to ask the solicitors for
                The next thing to do is send off a s.77-79 CCA Request to Cabot with a copy to Mortimer Clarke Solicitors.

                Mike770 has posted a link to the forum's template here:

                Originally posted by MIKE770 View Post
                If you need help completing the CPR 31.14 Request template then ask on your thread.

                I would also send a Subject Access Request to the original creditor so you have got the full history of the account which will prove useful as the proceedings develop.

                Don't let this spoil your Easter.

                Di
                I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                Comment


                • #9
                  Re: cabot taking me to court even though I am paying an agreed amout

                  Originally posted by diana m View Post
                  the short answer is they're taking you to court because they can.

                  It doesn't seem fair or right since you've faithfully paid what was mutually agreed for the last nine years or more. Sadly debt purchasers are commercially motivated so morals don't seem to enter the equation.

                  What you may now need to decide is whether a court would consider ongoing payments to be an admission of liability for the debt/claim.

                  File the acknowledgement of service online stating that you intend to defend all of the claim. Do not enter anything in the "defence" box at this stage.

                  How much are they claiming in round figures?

                  Di
                  they are claiming £4710

                  Comment


                  • #10
                    Re: cabot taking me to court even though I am paying an agreed amout

                    Have you made the first steps as advised?

                    Acknowledge service with intent to defend?
                    Sent of S78 request?
                    Sent of CPR 31.14 request?

                    SAR to Goldfish ( are they now Barclaycard?)
                    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                    I have no formal legal training
                    Any advice is offered without liability
                    If in doubt take professional legal advice or contact the CAB

                    Comment

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