Christmas Eve and I am stressed! Cabot claim arrived!

[serendipity102]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

Hi again,

Letter received from Cabot today acknowledging my CCA request and saying that they don't have the info but anticipate that they will be able to provide this information within 40 days.

So, as it stands at the mo, neither Cabot or their solicitors can provide the contract in the claim. As I said previously, I seem to have filed a defence - by mistake - saying that I don't recall this - which has been acknowledged by the Court peeps.

Do I now need to do anything or just sit back and wait?

Thank you so much for your help.

[nemesis45]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

Hi again,

Letter received from Cabot today acknowledging my CCA request and saying that they don't have the info but anticipate that they will be able to provide this information within 40 days.

So, as it stands at the mo, neither Cabot or their solicitors can provide the contract in the claim. As I said previously, I seem to have filed a defence - by mistake - saying that I don't recall this - which has been acknowledged by the Court peeps.

Do I now need to do anything or just sit back and wait?

Thank you so much for your help.

Hi, This letter from Cabot is a lot of Bull Sh*t they have 12 + 2 working days to comply no more, there is not time scale of 40 days.
PLEASE copy that letter and send it with a covering letter to the FCA asap. The FCA is now aware that this is happening and the more evidence of this abuse the better.

Respond to Cabot that they have 12 + Working days not 40 to comply and their claim to have 40 days has been reported to the FCA.

Cabot must be stopped!!

nem

[serendipity102]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

FCA? sorry!

[Kati]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

FCA? sorry!

The Financial Conduct Authority - http://www.fca.org.uk :tinysmile_twink_t2:

[serendipity102]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

So my response should be along the lines of:

I acknowledge receipt of your letter dated **/**/****.

I would respectfully inform you that you response is not acceptable and you are required to provide the requested information within 12 + 2 working days.

I have forwarded copies of our correspondence to the Financial Conduct Authority for their perusal.

[nemesis45]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

Exactly!!:thumb:

[serendipity102]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

HI again.

I have received a letter today from the solicitors saying that they have received my defence (which wasn't one really!).

They say that I have enough information and want me to withdraw my defence. If I don't within 14 days they will apply to strike it out and enclose an admission form for me to complete!

What do I do now?

[serendipity102]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

I am so sorry to bump this but I am worried I am running out of time.

[Kati]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

I am so sorry to bump this but I am worried I am running out of time.

No worries, bump away ... I'm sure someone will be along soon :tinysmile_grin_t:

[nemesis45]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

The approach used by Cabot et al is designed to mislead you into admitting defeat!
If the CCA request has not been complied with the debt remains unenforceable, you
can tell Cabot and their sols that you will not withdraw.

[Mineral1]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

Point out the fact that as things stand the debt is unenforceable and invite them to withdraw their claim so as to save their clients costs and save wasting both the courts and your time! Also quote Section 78(1) Consumer Credit back to them as clearly its slipped whatever passes for their minds

[serendipity102]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

Thank you so much for your help.

[nemesis45]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

Copy all Cabot's nonsense letter to the FCA " for information"!! PLEASE!

[serendipity102]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

Sorry, it's me again!

I have sent all of the correspondence to the FCA.

I haven't heard from either the solictors or cabot since I last posted.

Been on the mcol website and my acknowledgement and defence were received on 29.12.14.

Restons sent me the 'we aren't going to budge as you haven't proved anything so pay up now' letter on January 21st.

My last letter from the court was dated 29.12.14 which stated that the 'claimant may contact me directly to attempt to resolve the dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform me of what will happen. Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of my defence. After that period has elapsed the claim will be stayed'.

Its clearly more than 28 days since they received my defence, they haven't provided a copy of the credit agreement --- so what happens now?

Thank you so much in advance for your help.

[serendipity102]

Re: Christmas Eve and I am stressed! Cabot claim arrived!

Sorry I forgot to mention that despite my request for proof nothing has been provided.