Failed Court Action

[Tam12]

Hi all,

I was hoping someone could give me a bit of guidance with regards to a debt purchased by Cabot in 2014. I’m aware they tend to be quite aggressive with court action and apparently they tried to go for a CCJ for the debt in early 2015 and for whatever reason, couldn’t. It has then sat with their in house solicitors ever since.

Could anyone shed any light on why they might not have been able to follow through with court action? Is there a crucial piece of documentation that they might be missing which would enable me to challenge it?

Thank you in advance,
Tam

[MIKE770]

Diana M

[jaguarsuk]

Diana M

Diana is listed as inactive at the moment.

Hi Tam and Welcome

There are a multiple of reasons that they may not have proceeded to be successful and without knowing all the details it would be difficult to say. What is important is you say "they tried to go for a CCJ," did they issue a claim form? And did you file a Defence?

If so, what happened next?

[Tam12]

Thank you for the welcome and the quick reply

I’m going by what they have told me over the phone, I probably didn’t give you enough information. I never received a claim form and according to Cabot, one has never been issued. The person I spoke to on the phone said that they applied for it to go to court, but was never taken any further, which is what made me suspicious that they perhaps lacked something which they required in order to take it to court.

What do you think the next step should be? I’ve already requested that they ‘prove it’ through a deed of assignment.

[jaguarsuk]

Thank you for the welcome and the quick reply

I’m going by what they have told me over the phone, I probably didn’t give you enough information. I never received a claim form and according to Cabot, one has never been issued. The person I spoke to on the phone said that they applied for it to go to court, but was never taken any further, which is what made me suspicious that they perhaps lacked something which they required in order to take it to court.

What do you think the next step should be? I’ve already requested that they ‘prove it’ through a deed of assignment.

Are you in England and Wales or Scotland?

[Tam12]

I’m in England and Wales. Thank you, I appreciate your help!

[jaguarsuk]

I’m in England and Wales. Thank you, I appreciate your help!

That's very strange then as to issue a claim in the County Court you can do it online with no evidence whatsoever and I think it's probably a case they referred it to their legal rep whom advised not to proceed to court.

What is the debt for?

[Tam12]

It’s for an overdraft that defaulted in 2013. I thought that was the case with regards to making a county court claim, hence my confusion!

[jaguarsuk]

It’s for an overdraft that defaulted in 2013. I thought that was the case with regards to making a county court claim, hence my confusion!

Send a Subject Access Request Letter to the bank whom you originally had the account and overdraft with to ask for copies of the account opening form, all applicable terms at the time of opening/running the account, notice of default, notice of assignment, full history of the account and any other information they hold on you.

This will then let you know potentially what they have got and what they might be able to get, but crucially what is missing if they do try to turn the screws.

[Tam12]

Thank you for that. I’ve sent them a SAR request already, so I’m currently awaiting their reply to see what they come back with. Is there anything that I should be looking out for? Included or missing?

[jaguarsuk]

Thank you for that. I’ve sent them a SAR request already, so I’m currently awaiting their reply to see what they come back with. Is there anything that I should be looking out for? Included or missing?

The things I have mentioned in post #9

[Tam12]

Thank you, I’ll report back when the SAR arrives!

[Tam12]

Hello again,

My SAR arrived from the original creditor today so I went through and looked at what they have sent me. Things like the original bank account agreement and old statements and the like are there but no hard default notice. How do you think I should proceed?

[jaguarsuk]

Hello again,

My SAR arrived from the original creditor today so I went through and looked at what they have sent me. Things like the original bank account agreement and old statements and the like are there but no hard default notice. How do you think I should proceed?

Until you get a letter before action from Cabot I would ignore them, if they have tried to proceed to court and been advised not to by their solicitors then they obviously don't think they can win.

The longer they procrastinate the better for you, when did the account close with the bank?

[Tam12]

Thank you for the very quick response!

They closed the account in August 2013. The account has been sat with their complains department for a long period of time now. Do you think it’s worth challenging the default? I’m looking at buying my first house (been squeaky clean financially before and after) and obviously it would help significantly if the default wasn’t there.