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Claim from Cabot Financial (through Weightmans LLP)

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  • Claim from Cabot Financial (through Weightmans LLP)

    Hi, I have received a claim form from Cabot Financial, sent through Weightmans. They are trying to claim £6328.17 for an old hire purchase agreement I had with British Credit Trust. I bought a car in May 2008 for £6000, HP was set-up with British Credit Trust, total owing was approx £13,000. A year later I was made redundant and started to struggle with the payments (£270 per month). I asked for their help but they were not very helpful and I just paid what I could afford. This went on until 2011 when they took the car back. During this period British Credit Trust stopped lending and is now run by Capquest. As I had paid more than 50% of the loan as far as I was concerned the account closed, but they continued on a few occasions to chase me for the outstanding balance. I wrote to BC stating that the car had been returned and that I had paid more than 50% of the balance nothing else was owed. The next I knew was in 2013 when I received a letter from Cabot Financial stating that they had bought the account. I explained the situation to them and they put the account on hold and said they would get in contact with BC to see what was going on. They then claimed that BC knew nothing about my letter and continued to hassle me for the balance. It then transferred to Weightmans, who sent a letter asking for the balance. I wrote back to Cabot and didn't hear nothing until I received the Claim form on 1st May 2015.

    Unfortunately I have had to deal with a claim form last year, which I successfully defended and plan to do the same for this one. Do I send the standard two letters, a CCA request to Cabot and a CPR 31:14 to Weightmans?

    Any other helpful advice would be appreciated as always. Thanks.
    Tags: None

  • #2
    Re: Claim from Cabot Financial (through Weightmans LLP)

    I have the same from Cabot Financial, so will be following your case with interest. Good luck, Andy!

    Comment


    • #3
      Re: Claim from Cabot Financial (through Weightmans LLP)

      Thanks Matt, pretty similar cases aren't they. If you get any good advice please let me know and I will do the same. All the best, Andy.

      Comment


      • #4
        Re: Claim from Cabot Financial (through Weightmans LLP)

        Hi,

        Service acknowledged?
        Then CCA to Cabot .
        CPR 31.14 to Weightman.

        Did you Make a Subject Access Request to BCT/Capquest? may be a good idea to do one now.
        £10 Statutory Fee payable and a 40 day time scale to comply.
        Gets you all the personal data held on you , payments etc.

        Comment


        • #5
          Re: Claim from Cabot Financial (through Weightmans LLP)

          Hi Nem. Yes, service acknowledge on same day of receipt of claim. Have sent CCA and CPR 31.14 today. Haven't done SAR so will do that one tomorrow. Thanks for the advice, once again. Regards, Andy.

          Comment


          • #6
            Re: Claim from Cabot Financial (through Weightmans LLP)

            Happy to help Andy!!

            nem

            Comment


            • #7
              Re: Claim from Cabot Financial (through Weightmans LLP)

              Hi Nem, I have received a response from Weightmans, which I have attached to this message. Could you please have a look and let me know your thoughts on their reply. I have also attached a copy of the claim form issued. I was going to use a defence letter I have on file, again I have attached this. Would this be suitable for this claim? Obviously bits of it would need to change to correspond with their claim details. Many thanks.
              Attached Files

              Comment


              • #8
                Re: Claim from Cabot Financial (through Weightmans LLP)

                Hello Andy, responding to your PM.

                Ok Welcome/BCT , welcome did not default the alleged debt it seems, you can take this
                to the ICO and get the default date back dated to the original cause of action as the late
                registering of a default places at disadvantage, particularly with an HP debt.

                As you say the proposed defence is very good imo.

                Weightmans CPR31 14 response is becoming an industry standard all the " solicitors for rent" to
                the debt collection " industry " are doing similar letters.
                What ever they claim on time to get the CCA a section 77-79 request allows 12 + 2 working days to comply
                no CCA debt unenforceable.

                nem.

                Comment


                • #9
                  Re: Claim from Cabot Financial (through Weightmans LLP)

                  HI Nem, thanks for the response. Could you explain your first para in more detail, slightly confused to what you mean. This claim is with BCT not Welcome, I assume you were just referring to Welcome from the previous case? Andy.

                  Comment


                  • #10
                    Re: Claim from Cabot Financial (through Weightmans LLP)

                    Originally posted by 2708andy View Post
                    HI Nem, thanks for the response. Could you explain your first para in more detail, slightly confused to what you mean. This claim is with BCT not Welcome, I assume you were just referring to Welcome from the previous case? Andy.
                    Hi Andy,

                    Responding to PM,

                    Yes sorry you are correct.

                    Any response from the CCA request yet?

                    nem

                    Comment


                    • #11
                      Re: Claim from Cabot Financial (through Weightmans LLP)

                      Hi Nem. Final Defence attached. Have not been able to quantify set-off as waiting for SAR request documents. Please let me know your thoughts. Cut-off is 4pm Monday but planning to email to CCBC tomorrow. Regards, Andy.

                      P.S. Nem, forgot to say HP loan was taken out in May 2008. No longer listed on Credit Report though.
                      Attached Files

                      Comment


                      • #12
                        Re: Claim from Cabot Financial (through Weightmans LLP)

                        Got a letter from Cabot this morning. Stated that they do not hold any of the documents in regards to Cca request. They have requested them from BCT but can take up to 40 days. Does my defence look ok? There's not much more I can put in there really.

                        Comment


                        • #13
                          Re: Claim from Cabot Financial (through Weightmans LLP)

                          Hello Andy.
                          That's fine!!

                          In situations where Crabot claim to have 40 days to comply with a CCA it's worth mentioning in
                          the defence where you state that A CCA request has been sent on .......... and has not been complied.
                          It should be noted that the claimant claims to have 40 days to comply with the section 7/78 CCA request.
                          nem

                          Comment


                          • #14
                            Re: Claim from Cabot Financial (through Weightmans LLP)

                            Great. Thanks nem. Will add that in. Regards Andy.
                            Last edited by 2708andy; 31st May 2015, 13:57:PM.

                            Comment


                            • #15
                              Re: Claim from Cabot Financial (through Weightmans LLP)

                              Received a response from Weightmans in regards to my defence submitted to CCBC. Letters are attached. First was sent whilst I was on holiday and have yet to respond. The second letter is an offer for me to settle the account at a reduced rate and also states that I haven’t replied to their first letter. They are asking for any correspondence I may have in regards to my dispute with British Credit Trust in regards to the account. This is fully detailed in my defence documents, to which they have a copy of. I do not have any documentation in regards to the dispute as this was nearly five years ago and the majority of correspondence was via telephone.

                              They have also offered a reduced payment of £5400 paid over 24 months. But I am not willing to agree to this as the account is in dispute.

                              Nem, can you let me know your thoughts on this please.
                              Attached Files

                              Comment

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                              SHORTCUTS


                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Directions Questionnaire



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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