Cabot Financial vs Glassman 11/05/2015

[Glassman]

Hi All,

I picked this up yesterday morning 18/05/2015 as was working away last week.

Claiment
Cabot Financial

Solicitor
Wright Hassall LLP

County Court Business Centre
Issue Date 11 May 2015

After finding this forum I have followed the advice and acknowledged service online.

This is for an Aqua credit card from about 6-8 years ago, financially I was in a mess back then and had debts with many many places, having looked at my credit file this is on there showing as defaulted Feb 2010 going back through statements I see a payment to Aqua/Marbles June 2009...so I am guessing this a month or two away from being statute barred.

The Particulars of Claim
" The claimants claim is for debts arising from Consumer Credit Act 1974 agreements. The claimant is an Assignee of the following debts, notice of the assignment having been given to the defendant in writing. Bank of Scotland aqua card credit card Account no ******************** 3,000. Despite demands for payment, the above sums remain due. The claimant therefore claims the sum of 3,000 interest under s.69 County Courts Act 1984 and costs.


Now I don't remember getting any notice from Cabot (but I may of binned it as I was getting tons of similar letters) and I may have had more than one debt with aqua...it is all a distant memory and I did not think I had any credit cards with anywhere near this limit...maybe half that.

The particulars of claim don't really say a lot and seem to be lacking in information?

Do I now send of a CCA to Cabot?

I see it is recommended to ask Wright Hassall for the documents in the particulars but am I right in saying I can only ask for notice of assignment? as this seems to be the only document mentioned.

Thanks in advance for any advice.

Glassman

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

Sorry if this is a dumb question but could someone advise on what documents to ask for in the CPR letter?

Thanks

Glassman

[nemesis45]

Re: Cabot Financial vs Glassman 11/05/2015

Sorry if this is a dumb question but could someone advise on what documents to ask for in the CPR letter?

Glassman

You can only request documents mentioned in the Particulars of Claim. Nothing Else.

For an Agreement Use section 77/78/79 of CCA 1974 £1 fee payable.

nem

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

Thanks Nemesis

So in the below particulars that is just the notice of assignment then?

The Particulars of Claim
The claimants claim is for debts arising from Consumer Credit Act 1974 agreements. The claimant is an Assignee of the following debts, notice of the assignment having been given to the defendant in writing. Bank of Scotland aqua card credit card Account no ******************** 3,000. Despite demands for payment, the above sums remain due. The claimant therefore claims the sum of 3,000 interest under s.69 County Courts Act 1984 and costs.

Thanks

Glassman

[nemesis45]

Re: Cabot Financial vs Glassman 11/05/2015

Right, you can request the " agreement (S)" "is the plural " yours or theirs?)

The Notice of Assignment. That is all,

You need to make a CCA Request under section 77/78 of CCA 1974 for the agreement ( this goes to Cabot) the £1 Statutory can be paid by cheque or postal order endorsed " For Statutory Fee Only" Lowell has 12 + 2 Working Days to Comply.

nem

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

Right, you can request the " agreement (S)" "is the plural " yours or theirs?)


nem

The plural is theirs, can they add more than one debt together? that would explain why the amount seems too high.

Thanks

Glassman

[nemesis45]

Re: Cabot Financial vs Glassman 11/05/2015

That's what I was wondering Aqua brand cards have been around a number of card providers now in the hands of " New Day".

So in the CCA request specify All the agreements and the same in the CPR 31.14 request.

nem

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

Update ... and also just to check I am doing the right thing waiting?

CCA sent to Cabot 21st May
CPR sent to Wright Hassall 21st May

Both were received and signed for on the 22nd May

Have not heard back from either...do I chase Wright? and if so by letter or phone?

The more I think about this the more I suspect this could be more than one agreement, as I can't remember any cards close to this amount.

Thanks in advance

[FlamingParrot]

Re: Cabot Financial vs Glassman 11/05/2015

The plural is theirs, can they add more than one debt together? that would explain why the amount seems too high.

The more I think about this the more I suspect this could be more than one agreement, as I can't remember any cards close to this amount.

Yes, debts have been added together done on a few claims.

Update ... and also just to check I am doing the right thing waiting?

CCA sent to Cabot 21st May
CPR sent to Wright Hassall 21st May

Both were received and signed for on the 22nd May

Have not heard back from either...do I chase Wright? and if so by letter or phone?

Yes, you need to chase them, it's long overdue! Letter, phone or email will do, depends on how much time you've got left to file your defence. :clock:

[nemesis45]

Re: Cabot Financial vs Glassman 11/05/2015

Update ... and also just to check I am doing the right thing waiting?

CCA sent to Cabot 21st May
CPR sent to Wright Hassall 21st May

Both were received and signed for on the 22nd May

Have not heard back from either...do I chase Wright? and if so by letter or phone?

The more I think about this the more I suspect this could be more than one agreement, as I can't remember any cards close to this amount.

Thanks in advance

Cabot always leave responses to the very
last minute on CCA requests, and then often
claim that they are contacting the original
creditor but this will take 40 days, however
the 12 + 2 working days is a statutory time
scale and if they do not comply the debt is
unenforceable until the agreement is found.
No needs to chase CCA request.

CPR 31.14 may well be declined on the grounds
that the claim will be allocated to the small claims track.

You may find useful information on your credit reference
files, try Noddle it's Free online.

nem

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

Thanks FlamingParrot/Nemesis45

CPR 31.14 may well be declined on the grounds
that the claim will be allocated to the small claims track.

You may find useful information on your credit reference
files, try Noddle it's Free online.

nem

So do I now ask for Wright to agree to a 28 day extension?

I have checked the credit files and the amount is on there with Cabot...but only as one amount.

Thanks

[nemesis45]

Re: Cabot Financial vs Glassman 11/05/2015

Thanks FlamingParrot/Nemesis45










So do I now ask for Wright to agree to a 28 day extension?

I have checked the credit files and the amount is on there with Cabot...but only as one amount.

Thanks

Hi, Yes ask for any extension they may only go for 14 days not 28 but it's worth a try.

nem

[FlamingParrot]

Re: Cabot Financial vs Glassman 11/05/2015

Thanks FlamingParrot/Nemesis45

So do I now ask for Wright to agree to a 28 day extension?

I have checked the credit files and the amount is on there with Cabot...but only as one amount.

You should ask for a 28 day extension which is the maximum allowed under CPR 15.5: https://www.justice.gov.uk/courts/pr...es/part15#15.5

Agreement extending the period for filing a defence
15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

Does the info on your file shed any light about the account in question?

[Glassman]

Re: Cabot Financial vs Glassman 11/05/2015

Update

Phoned Wright this morning who say they sent a letter on 28th with what sounds like the standard 40 day response, although I have not received it and I have been checking my mail each day.

That aside they have agreed to a 28 day extension which I have requested they confirm in writing and they are also sending a copy of the missing response.

I was also informed that it was unlikely that they would receive any documents within this time, so it seems they know as little as I do.

What do I do now? wait to receive their letters and contact the court?

Thanks

[FlamingParrot]

Re: Cabot Financial vs Glassman 11/05/2015

Update

Phoned Wright this morning who say they sent a letter on 28th with what sounds like the standard 40 day response, although I have not received it and I have been checking my mail each day.

The standard 40 day response sounds like it relates to your CCA request which you do not need to chase as non-compliance is a bar to enforcement, a fact that can be included in your defence.

Cabot may quote 40 days but the law only allows 12+2 working days, 40 days are allowed for a SAR.

That aside they have agreed to a 28 day extension which I have requested they confirm in writing and they are also sending a copy of the missing response.

I was also informed that it was unlikely that they would receive any documents within this time, so it seems they know as little as I do.

What do I do now? wait to receive their letters and contact the court?

Thanks

Yes, you need to inform the court that they have agreed to a 28 day extension. :thumb: