Christmas Eve and I am stressed! Cabot claim arrived!

[serendipity102]

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

Hi,

Today I have received letter from Cabot about my CCA request and they have enclosed a 'digitally signed' application. Is this enough for them to proceed?

Thank you so much for your help

[serendipity102]

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

(They state that as 'they have now complied with my request for info they are enable to enforce the credit agreement which I signed and entered into. Enforcement means that they are able to obtain a CCJ against me. However they would prefer that I work with them to set up a repayment plan to settle my outstanding balance')

[nemesis45]

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

Hi, Are all the terms and conditions on or attached to the " application form"?

nem

[serendipity102]

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

It would seem so - there is a bundle of credit card agreement and full terms with it

[nemesis45]

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

Is your name and address as it was at the start of the agreement on the form?

nem

[serendipity102]

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

Hi Nemesis, thanks for your reply. Yes, my address is on it. Its like a screen shot.

[serendipity102]

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

Anyone?

[Amethyst]

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

If the CCA has arrived and it is all in order with the right terms on then your next option is to try and negotiate a settlement under a Tomlin Order. As the agreement is from 2008 then a recon is fine just check interest rates/default charges etc match up. Have they also sent latest terms?

[nemesis45]

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

A recon agreement must have;

Your name and address at inception.
Ditto for the creditor.
The T's & C's at inception and closure of the account.
Any material amendments to the T's & C's during the life of the agreement.
Some card accounts mention That full T's & C's are issued with the card ( usually a booklet) these contain data material to the conduct of the account.

A current statement of the account should be provided as well.. (Not an historical statement of fee, charges, payments etc.)

nem

[serendipity102]

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

Thank you for your help. There is no current statement included. I don't know what a Tomlin Order is and having googled it I am still none the wiser. If I make an offer what sort of offer should I make as I am assuming that Cabot have bought this for a lot less than I owe. I don't have anything like the amount of money that they are after so all I can do is pay a small amount each month.

[nemesis45]

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

Thank you for your help. There is no current statement included. I don't know what a Tomlin Order is and having googled it I am still none the wiser. If I make an offer what sort of offer should I make as I am assuming that Cabot have bought this for a lot less than I owe. I don't have anything like the amount of money that they are after so all I can do is pay a small amount each month.

A Tomlin Order (otherwise known as a consent order) is made when the parties to a claim agree by means of negotiation/mediation
to for example a payment regime for the debt.
The agreement is set down in the order which both parties are bound by, as long as the terms are adhered to No CCJ is made.
If one fails to adhere to the order the claimant may apply for summary judgement.
Normally the claimant pays the cost of the order.

What Cabot paid for the debt is I'm afraid totally irrelevant here.

If you go to mediation have all your paperwork to hand.

Have made an income/expenditure statement if not do so, list income from all sources, then all Priority Financial commitments e.g.
Rent/mortgage/council tax/utilities/food/ clothing/ licences/court fines etc. All non priority commitments such as catalogue accounts etc.

You can then come to a figure of disposable income from that decide what you can reasonably afford without causing hardship to you or your family.

I have carried out mediations for others it is a simple process and a lot less stressful than a court hearing.

nem

[FlamingParrot]

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

Thank you for your help. There is no current statement included. I don't know what a Tomlin Order is and having googled it I am still none the wiser.

A Tomlin Order stays the proceedings as long as you keep to the terms of the Order, some examples:
http://s236.photobucket.com/user/rip...tter4.jpg.html
http://s390.photobucket.com/user/nil...sett2.jpg.html

If I make an offer what sort of offer should I make as I am assuming that Cabot have bought this for a lot less than I owe. I don't have anything like the amount of money that they are after so all I can do is pay a small amount each month.

If you look at the examples above, you'll see that's exactly what it is, a repayment schedule where you pay in monthly instalments. Note the line that says the claimant can reinstate proceedings if the defendant defaults on the order, it is important to ensure that you can afford to make the agreed payment in the long-term. It can be very difficult to vary the schedule of a Tomlin Order.

A good online budgeting tool can be found on this website: NEDCAB budgeting tool. You can save your completed I&E form in Word format.

[serendipity102]

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

I first posted here on Xmas Eve 2014 when I was very stressed and I just wanted to pop by and say a massive thank you to all of the people here who helped me.

Cabot were unable to provide the necessary documentation to the court so they resorted to phone calls, emails and letters which continued to threaten me.

It took me a little while before I could pluck up the courage to call them but, when I did, I told them that their contact amounted to harassment and if they wanted to pursue the matter through the courts I would continue to defend my position and that their 'direct' contact with me, after having issued county court proceedings was unwarranted.

Today, I received a letter from them saying that their client has 'taken the decision to discontinue these proceedings' and they enclose 'by way of service a Notice of Discontinuance which has been filed with the court'.

It also states that 'although the Claim against me has been discontinued, this does not mean that the debt has been written off or that I am no longer liable to repay it. Any adverse entries on my credit file will remain until the debt has been repaid or until 6 years have passed since the default was registered'.

Should I be sending a copy of this to the credit reference agencies?

[Amethyst]

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

Ahhh that is great news, well done

The default will remain on your credit file as that isn't linked to the court proceedings at all. To have it removed would take evidencing that the debt actually never existed and get agreement from the original creditor that it should be removed.

[serendipity102]

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

Cabot/Restons aren't able to prove it for the Court so do I have to go back to the original creditor as they have sold the questioned debt on? Or should I just sigh, accept the black mark and wait the 6 years? Can they look at this a few months down the line and re-instate it?
Amethyst - I cant thank you enough for your help so far! A weight was lifted from me when I found this website all this time ago and I am so grateful to ALL OF YOU!