Marlin & Cabot

[Lowry1234]

Re: Marlin & Cabot

Ive uploaded the letters

I have checked my credit file....it shows Cabot reporting the Default...but no date when they assigned this debt


I think I have to wait for the Courts and the Solicitors to provide the info
I have never recd post from Cabot ...Marlin wrote to me the same day Mortimer
did

I do not know anything about 40 days or 12+2 nobody has mentioned that to me only the Court saying they have 28 days

Do i need to action anything?

[Amethyst]

Re: Marlin & Cabot

Don't worry about the 12+2 or 40 days.

12+2 is the time in which the claimant has to respond to your CCA request before the debt becomes unenforceable ( so you're okay there)
40 days is the time which Cabot usually tell people it takes to get the CCA documents.
40 days is also the maximum time they can take to respond to your SAR data protection act request.


Just concentrate on the 28 days, if you get nothing from claimant or court by about day 35 then telephone the court and ask them if the claim is stayed.

If it is we can look at applying to strike out the claim.

[Amethyst]

Re: Marlin & Cabot

Right, they are sending you that 4th December letter which you didn't receive as it negates a bit of your defence

We can, however, confirm that the agreement:-
1. relates to a credit card held with Citifinancial;
2. was dated 24/tO/L994;
3. bore the number
4. was terminated on 29lOL/2vtv.

(excuse numbers that's copy and paste from PDF )

So for example if your defence says you don't know what the debt is, now you know it is CitiFinancial, from 1994 etc.

So lets look at the defence and see if you need to amend. Do we have a copy of your defence anywhere?

[Lowry1234]

Re: Marlin & Cabot

28 December 2010
Northampton County Court
4^th Floor St Katherine’s House
21-27 St Katherine’s Street
Northampton
NN1 2LH

Dear District Judge
Claim No

I enclose my completed response.

Please note the following
I wrote to CITI on 13 August 2010 requesting information. (Page 1)

They responded on the 20 September 2010 advising they have no application on file under this account number quoted on this claim form.
(Page 2)
I received a letter from the Mortimer Clarke Solicitors. Ref

See enclosed reply dated 28^th November 2014. They have not replied to my letter but just issued court proceedings against me and did not reply to this letter. Page 3

I am in counselling for my debts and I have not ignored them and I have a CCJ for Ł1 per month. All other debtors have accepted Ł1 per month.
I have never received a letter from Cabot saying they owe this debt and I have been paying CITI since 2010 my minimum payment and I have never missed one payment. Nor have I received a letter from CITI telling me they have sold my debt to Debt Collectors. Therefore I have only paid CITI direct.

I received a letter from Marlin telling me that Cabot had passed the debt to Marlin Debt Collection Agency and there solicitors would write to me and I responded. Page 4

In summary I have letter from CITI saying they have no application form for the account quoted.
No letter from CITI telling me a debt is being sold to Cabot.
No letter from CABOT
A LETTER FROM MARLIN advising they own the debt passed from Cabot
No reply to my letter to Solicitors.
Finally a court summons against me from Cabot who advised they have passed the debt on.

See Enclosed

I am on a low income and receive benefits. I do not have any savings or receive any other income.

[Lowry1234]

Re: Marlin & Cabot

Ps
ive checked the payment history...with credit file
i have sent approx 450 since 2010..,. However the credit file is showing payments of 750. So I don't know who is updating the info
they do not up date it monthly"...... Very strange

[spirit2534]

Re: Marlin & Cabot

thanks for explaining... I misunderstood...I thought...they would show on my credit file forever as I was paying each month keeping it alive...
I'm. Never going to be able to settle my debtors nor could I go bankcrupt
i will just have to be the PoundLady,!'

:tung:

Just a thought ! If you can keep the cost of sending the Ł1 to Ł0, SO / Bank Transfer then you sending the Ł1 is likely to cost your creditors all of that Ł1 or at least most of it. in their costs.

I sometimes wonder why they bother with these very small payments. This is especially true of debtors who are on state pension so the amount available for debt payments is not going to increase.

[nemesis45]

Re: Marlin & Cabot

Which CRA are you using Lowry?

[Lowry1234]

Re: Marlin & Cabot

Noddle

[Lowry1234]

Re: Marlin & Cabot

I know where your coming from..., does that mean thou...they are not going to go through with the c c j ...

[nemesis45]

Re: Marlin & Cabot

Noddle

Noddle uses "2nd hand " data from it's parent Call Credit and is not always up to date.

nem

[Lowry1234]

Re: Marlin & Cabot

I keep reading about a novatio order does the dca have to show one to the court

[Lowry1234]

Re: Marlin & Cabot

I called court today as advised by Sharon they advised the following the claimant requested a copy of my defence ( I advised the court
they have a copy of the defence as they wrote a letter to me direct acknowledging the defenceŁ it is now out of date...however the court are working on papers 28th so they are five days behind...
unless I hear from the court again take it that the claim has been stayed and they will have to apply to,have it lifted. The only time I should hear from the court is to complete questionnaire ....otherwise sleep well

she advised just leave it stayed don't worry about having it struck out
not many people do this they leave it stayed
do peeps agree let it be...I have not heard from sols
thanks

[skilganon]

Re: Marlin & Cabot

the court advised " just leave it stayed " ???? " dont worry about having it struck out not many people do this they leave it stayed " ????

not sure the court should be saying this !!! not sure if i agree with the courts " advice " either ?

[Lowry1234]

Re: Marlin & Cabot

This is why I'm asking the experts on this fab site. What I need to do.?

[Amethyst]

Re: Marlin & Cabot

Some people prefer to leave it on hold in the court system, most do. It just means if they can find the documents they can pick things up again at some point in the future - they will though have to apply to the court and show good reason for leaving it on hold for goodness knows how long. If it is struck out or discontinued they can't come back so that's then end of it.

It is a tough call, poke the sleeping dragon and get it over with, or leave it be, get on with life and hope they don't try again.