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Cabot Financial (UK) Limited vs Mfuller79

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  • Cabot Financial (UK) Limited vs Mfuller79

    Issue Date: 25 APR 2017
    Amount approx:
    £5,250
    Claimant:
    Cabot Financial (UK) Limited
    Solicitor:
    Mortimer Clarke Solicitors Ltd
    Original Creditor:
    EGG
    Particulars of Claim:
    By an agreement between EGG & the Defendant on or around 23/02/2006 ("the Agreement") EGG agreed to loan the Defendant monies. The Defendant did not pay the installments as they fell due & the Agreement was terminated. The Agreement was assigned to the Claimant. The Claimant therefore claims £5250
    Is the debt Statute Barred?
    The solicitor informs me it's not
    List any letters you have sent:
    I have just compiled my CCA and CRP requests, which I will be posting first thing tomorrow. I have also acknowledged the claim online.

    I received a letter from Cabot during the early part of April, informing me they were pursuing a debt and that if I did not make payment, or come to some arrangement with them, they may instruct solicitors to make a claim against me.
    As I had not heard of Cabot before, I ignored the letter, expecting it to be a standard "threat" letter which would amount to nothing. I then received the Claim Form on 26th April.

    Having received the form and read the Particulars of the Claim, I believed the debt to be statue barred and phoned the solicitors (on 27th April) to question why they were pursuing the claim. I was advised it was not statute barred as monthly payments of £50 had been made against the account to Apex Partners, through the period 2011 - 2014. At that point, I verbally requested a copy of the agreement. I was informed they would send it and they also volunteered to send a statement of the account.

    As of today, I have received nothing from them, so have compiled my CCA and CPR request letters as per the instructions on this forum. While doing this, I've noted that no agreement number has been provided in the Particulars of Claim, so I'm hopeful this means they do not have a copy of the said agreement.

    I'm new to this site, so any help or advised is greatly appreciated. I will endeavor to keep this thread updated with progress, however, I will be out of the country between 16th May & 24th May, so obviously won't know what arrives in the mail between those dates. I've calculated I must submit my defence by 28th May.
    Tags: None

  • #2
    Re: Cabot Financial (UK) Limited vs Mfuller79

    Hi Mfuller79 & welcome to LB

    Seems like you're well on top of things.
    We would also strongly suggest sending a SAR to the original creditor (Barclays, I believe) for a full history of the account.
    http://www.legalbeagles.info/forums/...quest-template
    Btw, have you reclaimed PPI on this?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Cabot Financial (UK) Limited vs Mfuller79

      Hi charitynjw and thanks.
      The original creditor was EGG, who as you probably know are no longer in existence. I've not, therefore sent a SAR as I don't know to which company I should send it.
      I do also believe PPI was added to this product, but I've not made a claim.

      Comment


      • #4
        Re: Cabot Financial (UK) Limited vs Mfuller79

        Originally posted by Mfuller79 View Post
        The original creditor was EGG, who as you probably know are no longer in existence. I've not, therefore sent a SAR as I don't know to which company I should send it.
        I do also believe PPI was added to this product, but I've not made a claim.
        Egg was taken over by Barclays so you need to send your SAR to them. You can do that online here > https://www.apply.barclays.co.uk/for...execution=e1s1

        The SAR response will help you check the honesty and accuracy of any documents produced by the other side especially if they are reconstituted ones.

        It will also give you the full history of your PPI which you'll need.

        Di

        Comment


        • #5
          Re: Cabot Financial (UK) Limited vs Mfuller79

          Thank you Di,
          As I'm hopeful Cabot are not able to provide me with a copy of my agreement, will sending a SAR to Barclays at this stage jeopardise this? Presumably, if Barclays send me a copy, they could just as easily send Cabot a copy?

          Comment


          • #6
            Re: Cabot Financial (UK) Limited vs Mfuller79

            Originally posted by Mfuller79 View Post
            As I'm hopeful Cabot are not able to provide me with a copy of my agreement, will sending a SAR to Barclays at this stage jeopardise this? Presumably, if Barclays send me a copy, they could just as easily send Cabot a copy?
            It's never a good idea to be overly confident of what documents the Claimant may be able to produce especially since they can reconstitute them.

            You won't know until you send the SAR what documents Barclaycard has got. Or more importantly what documents they haven't got.

            You're right that Cabot can request documents from Barclaycard but whether Barclaycard will disclose them is another matter.

            The object of the exercise is to build a case for your Defence as early as possible. A SAR is between you and the original creditor. The debt purchaser does not necessarily have access to all the same information.

            Di

            Comment


            • #7
              Re: Cabot Financial (UK) Limited vs Mfuller79

              Perfect. Thanks for the advice Di, I will use the link you provided today.

              Comment


              • #8
                Re: Cabot Financial (UK) Limited vs Mfuller79

                Hi Mfuller

                Can i just add, it really is amazing what info you may find out via a SAR, info that the claimant may have no idea about but which could stop any claim .

                For a claim that size it is worth a little investment of time and money to get the best possible outcome. ( I have a claim for a similar amount from a different company)

                Comment


                • #9
                  Re: Cabot Financial (UK) Limited vs Mfuller79

                  Originally posted by Diana M View Post
                  Egg was taken over by Barclays so you need to send your SAR to them. You can do that online here > https://www.apply.barclays.co.uk/for...execution=e1s1

                  The SAR response will help you check the honesty and accuracy of any documents produced by the other side especially if they are reconstituted ones.

                  It will also give you the full history of your PPI which you'll need.

                  Di
                  I've just attempted to use the online request form, but it's designed for Barclays direct account holders who have their Account Numbers and Sort Codes, which I don't have. I don't even have the account number for the original EGG Agreement.

                  Will I need to pen my own letter to them and are they likely to find the agreement without an Account number?

                  Thanks again.

                  Comment


                  • #10
                    Re: Cabot Financial (UK) Limited vs Mfuller79

                    Originally posted by Mfuller79 View Post
                    I've just attempted to use the online request form, but it's designed for Barclays direct account holders who have their Account Numbers and Sort Codes, which I don't have. I don't even have the account number for the original EGG Agreement.

                    Will I need to pen my own letter to them and are they likely to find the agreement without an Account number?
                    There are two options to click on. The one on the right is for both Barclays bank accounts and Barclaycard accounts held by customers in the past (i.e. not existing customers). You click on Barclaycard in the menu.

                    My link may have timed out by now.

                    You can send them a SAR by post if you prefer.

                    A SAR requests all information held on you (it's not account specific). No need to give them the account number (unless you want them to reconstitute a document based on the information you give them since it's not mentioned in the POC ) . If the agreement exists on file then they'll send it.

                    Di

                    Comment


                    • #11
                      Re: Cabot Financial (UK) Limited vs Mfuller79

                      If you have any questions about privacy at Barclays, please contact the Barclays Privacy and Data Protection Team at 1 Churchill Place, London, E14 5HP.
                      http://www.barclays.co.uk/ImportantI...P1242557966945

                      Seems like a good place to start.
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: Cabot Financial (UK) Limited vs Mfuller79

                        As it's day 28 tomorrow, I thought I'd post an update prior to submitting my defence to canvas opinion on what form that should take...
                        CCA and CPR request letters were posted 1st class on 9th May.
                        On 12th May I received a letter from Mortimer Clarke Solicitors (who I've since found out are part of the Cabot Group!), confirming they have requested copies of the original Agreement and other relevant documents (I asked for statement of account and deed of assignment) from their client and they will forward those to me upon receipt. They also advised my account has been placed on hold until those documents are obtained.
                        As of today, I have received nothing.
                        I also sent a SAR to Barclays on the advice of charitynjw and Diana M and have had no response to that either.

                        I've reviewed the template defence examples on the forum and intend to amend for my own purpose this evening.

                        Comment


                        • #13
                          Re: Cabot Financial (UK) Limited vs Mfuller79

                          I'm attempting to log in to moneyclaim online (using the same claim number and password as I originally did) and am getting the message that either the claim number or password are incorrect. I've checked, double checked and checked again, but it won't let me log in!
                          Is it possible to submit a defence my email?

                          Comment


                          • #14
                            Re: Cabot Financial (UK) Limited vs Mfuller79

                            use
                            ccbcaq@hmcts.gsi.gov.uk

                            Comment


                            • #15
                              Re: Cabot Financial (UK) Limited vs Mfuller79

                              Hi

                              You must get your defence in , I am putting this as much for others who may read the post as for you . Never believe a 'your account is on hold' statement after claim has been issued.

                              I take it that you have not had a response from Barclays yet, that doesn't matter as you want the info for the witness statement which will be in some time. Of course this would be in response to their witness statement because that would be where they make claims as a statement of truth.

                              To answer your other question, once I had registered and acknowledged the claim I could not log in again BUT at the bottom of the page was the claim which i could click on.

                              Have you got a defence planned out?

                              Does it include the normal stuff and assignment as well

                              Comment

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