Court Claim - Cabot Financial / Sainsburys - 5-5-2015

[nemesis45]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

hi,

I wonder if somebody can help, this is now more than a year old thread for the credit collectors who started a CCJ but did not get througgh as they could not provide relative documents. I am a disabled with a newly diagnosis of invasive skin scancer and I would rather not having to deal with the situation now. Cabot sent the documents, basically the one page agreement (Not legible) with my signature (legible) and sevearl statement (2003 to 2004). I would like to argue that the agreement must be legible and clearly shows that the I agrreed for the debt to be sold to third parties, as the latter should be stated in the T&C. There is not note of the debt ever been sold either. The statemnts also do not look legit, as the last 2, one shows a balance transfer on top of zero owed amount, going back few months there is also a credit limit increase, which justify what I believed is an inflated amount they are asking. I would then would like to argue that the statement looks fraudulent as I never received a credit increase and the amount they claim I owe them is above the original credit limit. it is also quite unusual that the credit limit on a cc card goes from 3500 to only 4500 as we are talking of 2004, I believe the original credit was 3000, the amount they claim I owe is 4085.53, while instead should just be short of 3000 from my memory. I am asking for some help in writing to their solicitor especially regarding the credit agreement issue and if the fact that right of sale of the debt need to be in the agreement. If someone could take the time to answer I will appreciate it.
Thanks in advance

Good afternoon Basil, welcome back.

I'm very sorry to hear of the new diagnosis I can understand your not wanting any more nonsense from Carboot.

Has Cabot been contacting you again?

Is the claim still stayed? If you don't know if it is still stayed check with the court.

Stayed for a year chance of getting the documents now slim to none.

If you do want to write I will of course help you but is it worth it given your health.

nem

[basil68]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

Hi Nem,
Thank you for your kind words of encouragment, yes the CCj is still stayed is only Cabot solicitors that have contacted me in the last few months twice demanding payment after a year of the case being stayed. I ignored those letter, like I did to their final one a year ago where they had the nerve to suggest I still make payments until they fetch the documents. Now on their last letter they do not mention anything about their CCj attempt last year, just a chase a payment plan, starting with "we have reviewed the file
DOCUMENTS
please find attached
Signed CCA
Statement of acount by orginal creditor and statement provided by our client.
The very fact the CCA is illegible and that “Prescribed Terms” are missing (even if illegible the document does not have a section with interest apr, frequency of payments and fees structure) are making the settlemtent of debt “irredeemably unenforceable”. (at least this is what I think the legislation meant for most CCA terms issued before 2007 was faulty, prior to the legislation enforced for the cca must contain prescribed terms).
Of course the deed of assigment is still missing. I would like to write to them point them out to "debt Harassment" as well the other things mentioned prior, so that to prevent further letters from them. However if you think this is unnecessary and wait till they lift the stay I would consider your advice in regard.
Thanks again

[sloane82]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

You probably had ppi, on the account, so claim for that back put up the documents, on here, so we can have a look cheers.

[nemesis45]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

Hi Nem,
Thank you for your kind words of encouragment, yes the CCj is still stayed is only Cabot solicitors that have contacted me in the last few months twice demanding payment after a year of the case being stayed. I ignored those letter, like I did to their final one a year ago where they had the nerve to suggest I still make payments until they fetch the documents. Now on their last letter they do not mention anything about their CCj attempt last year, just a chase a payment plan, starting with "we have reviewed the file
DOCUMENTS
please find attached
Signed CCA
Statement of acount by orginal creditor and statement provided by our client.
The very fact the CCA is illegible and that “Prescribed Terms” are missing (even if illegible the document does not have a section with interest apr, frequency of payments and fees structure) are making the settlemtent of debt “irredeemably unenforceable”. (at least this is what I think the legislation meant for most CCA terms issued before 2007 was faulty, prior to the legislation enforced for the cca must contain prescribed terms).
Of course the deed of assigment is still missing. I would like to write to them point them out to "debt Harassment" as well the other things mentioned prior, so that to prevent further letters from them. However if you think this is unnecessary and wait till they lift the stay I would consider your advice in regard.
Thanks again

Hello Basil,

The Deed Of Assignment is the contract between the Original Creditor and the Debt Purchaser and is Commercially Sensitive and is Considered Confidential, even if was disclosed it would be of little or no benefit as would be extremely heavily redacted. All you need to have is the Notice of Assignment.

Can you pot a copy of the alleged agreement for us to see please it will help if I am to draft a letter for you.

nem

[basil68]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

Hi
Thanks Nem for taking the time you are very patient. I attach the allegewd CCA as requested.
Thanks

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[basil68]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

Sloane82, no no ppi

[sloane82]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

I would get this checked, as i took out, a credit card in 2007, and i had PPI, on my account.

[nemesis45]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

[QUOTE=basil68;684640]Hi
Thanks Nem for taking the time you are very patient. I attach the allegewd CCA as requested.
Thanks
Good morning Basil,

I think ( my opinion) that you should leave this alone for now do nothing unless Carboot contact you again, the missing terms and conditions render the agreement unenforceable and you don't want to prompt them into looking for the missing parts.

nem

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[sloane82]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

Get an subject access request for £10, have a look through all, of the charges and write a letter to the creditor. Asking if PPI was on the account also contact the Financial Ombudsman Service and check what, got you, into debt, and claim all the charges, interest and PPI back.

[basil68]

Re: Court Claim - Cabot Financial / Sainsburys - 5-5-2015

Hi Nem
ok, I ll wait. Thanks.