Results 1 to 10 of 10

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

  • Share
  • Thread Tools
  • Display
  1. #1
    teeder's Avatar

    Junior Member



    Joined
    Feb 2011
    Posts
    21
    Mentions
    0 Post(s)

    Default 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

  2. #2
    MIKE770's Avatar

    VIP Member



    Joined
    Apr 2009
    Posts
    5,456
    Mentions
    151 Post(s)

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

    Last edited by Kati; 15th April 2017 at 11:23:AM.

  3. #3
    nemesis45's Avatar

    VIP Member



    Joined
    Nov 2014
    Posts
    14,507
    Mentions
    1624 Post(s)

    Default 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 Specific Advice is Needed 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.





  4. #4
    teeder's Avatar

    Junior Member



    Joined
    Feb 2011
    Posts
    21
    Mentions
    0 Post(s)

    Default 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

  5. #5
    MIKE770's Avatar

    VIP Member



    Joined
    Apr 2009
    Posts
    5,456
    Mentions
    151 Post(s)

    Default 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

  6. #6
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,546
    Mentions
    811 Post(s)

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

    Quote 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.

    Quote 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 specializes 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

  7. #7
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,546
    Mentions
    811 Post(s)

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

    Quote 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 specializes 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

  8. #8
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,546
    Mentions
    811 Post(s)

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

    Quote 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:

    Quote 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 specializes 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

  9. #9
    teeder's Avatar

    Junior Member



    Joined
    Feb 2011
    Posts
    21
    Mentions
    0 Post(s)

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

    Quote 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

  10. #10
    warwick65's Avatar

    VIP Member



    Joined
    Feb 2017
    Posts
    1,871
    Mentions
    126 Post(s)

    Default 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?)

Similar Threads

  1. Cabot finance taking me to court
    By Jasonknox in forum Welcome Forum
    Replies: 124
    : 13th October 2016, 10:34:AM
  2. Cabot finance taking me to court
    By Jasonknox in forum Have your Say
    Replies: 115
    : 25th August 2016, 11:17:AM
  3. Cabot taking me to court for debt
    By Scotttough1 in forum Money & Debt
    Replies: 10
    : 14th September 2015, 19:15:PM
  4. Some Advice on an Spouse that is avoiding paying agreed court orders
    By martinbrawn in forum Divorce & Separation
    Replies: 27
    : 17th January 2013, 20:05:PM
  5. Cabot Taking me to Court
    By teeder in forum Received a Court Claim?
    Replies: 2
    : 1st March 2011, 09:40:AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2016
Hosted by Lodge Information Services Ltd
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP