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CABOT CCJ - can't supply CCA - help with defence needed

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  • CABOT CCJ - can't supply CCA - help with defence needed

    So I received a claim form for a CCJ from CABOT financial, who have bought the debt from Lloyds TSB.

    The debt was a student overdraft. For some reason, even though I explained to Lloyds on several occasions that I was no longer a student, and tried to get them to reduce the overdraft, I had an overdraft of £3k over 20 years or so. They even advised I got a credit card instead to clear it.

    Anyhow, fast forward and several years ago they wanted to increase the interest from around £10-15 per month to £60-70 per month. I contacted them, explained this was affordable. It was agreed over the phone that the account would be closed, and I made an agreement to pay £50 per month to clear the debt.

    I continued making payments into the account. I was told I would lose visibility of the account from online banking as it was closed, but payments would go off my debt. My exh was also making CSA payments into the account - small amounts.

    Around 6 months later I had a letter to say the debt had been sold. Somewhat stupidly, I ignored this, and stopped payments shortly after. I hadn't missed payments up until this point.

    Now, I have a CCJ claim from Cabot Financial. I've increased the response time and asked for the CCA, which they are unable to supply within the 12 days.

    I now need to file my defence. I'd really appreciate any help at all with what to write!

    Thank you for reading this far!

    Tags: None

  • #2
    How long since your last payment? As far as I am aware as it was an overdraft then a CCA does nor apply.

    Comment


    • #3
      Originally letter of acceptance or similar but last few years CCAs???

      Comment


      • #4
        Originally posted by ploddertom View Post
        How long since your last payment? As far as I am aware as it was an overdraft then a CCA does nor apply.
        Parts of the CCA 74 apply, thats the problem.
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. 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 need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #5
          Last payment was in April 2018

          Comment


          • #6
            Can anyone help please? I’m even more confused now!

            Comment


            • #7
              More info needed: Need to see the Particulars of claim ("PoC"). Can you post them here without any of your personal data?
              Limitation Act: As you made a payment in 2018, unfortunately, the Limitation Act does not apply. If you had not made any payment or accepted the debt for 6 years, it would have been possible to get the debt written off?
              Timing: When was the Claim form received? You MUST send by post or email to the court or process online the Acknowledgement of Service within 14 days of receiving the Claim form. Once this is done you have 28 days from when you received the Claim form to lodge your defence.
              Queries: Have you sent a CPR 31.14 request letter or request for further information about the documents mentioned in the PoC to the Claimant ("C1")? Do you have the original agreement with Lloyds TSB? If not, you need to get a copy for C1

              Comment


              • #8
                Cluedno? Where are you?

                Comment

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