Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

[jonny1979]

Received a claim? Yes
Issue Date: 5-6-2015
Amount approx: £3775
Claimant: Cabot Financial
Solicitor: Weightmans
Original Credit: Peoples Bank

Particulars of Claim:
1. Defendant entered into a credit agreement described by the original creditor as PEOPLES BANK-CREDIT CARD

2. The claimant, a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account.

3. The defendant is indebted to the claimant in the respect of account in the sum of 3775.74.

4. The claimant claims the said sum of 3775.74, plus costs

Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:
Originally had a credit card with Peoples Bank way back in 2000/2001 and got into trouble with it after losing employment at that time and undergoing immense stress.

Cabot took on the debt probably bought for a lot less then what was owed originally. Had lots of torrid chase phone calls and harassment with their rude call centre staff and even put in a complaint with them after one call I had where I was spoken to like a naughty schoolboy!!

Had a repayment plan put in place for a while but this ended years ago and despite agreeing an amount to pay they would call up and ask for more money. I have no record to my knowledge of having paid any monies to Cabot in regards to the debt in the last six years and I believe they have not or given a formal demand for payment prior to issuing the claim?

An further guidance would be greatly appreciated.

Thanks

[FlamingParrot]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Welcome aboard

You have already taken the first step which is to acknowledge the claim. You will find the next steps on this thread: http://www.legalbeagles.info/forums/...it-Court-Claim

It's always useful to follow the process and try to obtain some documents even if you think the debt may be SBd.

Cabot may well reply to the CCA request saying it will take them 40 days to obtain the documents, that's what they've been telling everyone, however, it's still useful to have it on record that you sent the request.

You have a maximum of 33 days from the date printed on the claim to submit a defence. Any questions just shout. :typing:

[jonny1979]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Welcome aboard

You have already taken the first step which is to acknowledge the claim. You will find the next steps on this thread: http://www.legalbeagles.info/forums/...it-Court-Claim

It's always useful to follow the process and try to obtain some documents even if you think the debt may be SBd.

Cabot may well reply to the CCA request saying it will take them 40 days to obtain the documents, that's what they've been telling everyone, however, it's still useful to have it on record that you sent the request.

You have a maximum of 33 days from the date printed on the claim to submit a defence. Any questions just shout. :typing:

Thanks for the reply and the warm welcome!

I have drafted up the letters for the CCA request and the CPR 31.14 letter to Weightmans will send off tomorrow when I get to the post office. I also had a look at my Noddle credit report and there is no entry on there for Cabot or Peoples Bank ??? Would this mean I have a chance of getting claiming this as Statute Barred?

[FlamingParrot]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Thanks for the reply and the warm welcome!

I have drafted up the letters for the CCA request and the CPR 31.14 letter to Weightmans will send off tomorrow when I get to the post office.

Send both recorded delivery so you can track them.

I also had a look at my Noddle credit report and there is no entry on there for Cabot or Peoples Bank ??? Would this mean I have a chance of getting claiming this as Statute Barred?

If the account was defaulted over six years ago it wouldn't show on any credit report, however, a lot of people make payments after defaulting, sometimes for years, they make token payments or pay through a DMP, etc. In that case the debt wouldn't be SBd even after it's dropped off the report, however, if you never made payments after defaulting and never acknowledged it in writing (for example, by making a lump sum or monthly payment offer), then it should be SBd.

If you submit a SBd defence, the onus will be on the claimant to show it isn't. :thumb:

[jonny1979]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Send both recorded delivery so you can track them.


If the account was defaulted over six years ago it wouldn't show on any credit report, however, a lot of people make payments after defaulting, sometimes for years, they make token payments or pay through a DMP, etc. In that case the debt wouldn't be SBd even after it's dropped off the report, however, if you never made payments after defaulting and never acknowledged it in writing (for example, by making a lump sum or monthly payment offer), then it should be SBd.

If you submit a SBd defence, the onus will be on the claimant to show it isn't. :thumb:

Ok so I did some digging with old bank statements going back to 2009/10 when I opened our joint account and looks like the last payment was made to FIRE (same as Cabot?) back in Jan 2010!! Looks like I have lost this one?? i have already sent over the letters to the companies in question so what will happen now??

[FlamingParrot]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Ok so I did some digging with old bank statements going back to 2009/10 when I opened our joint account and looks like the last payment was made to FIRE (same as Cabot?) back in Jan 2010!! Looks like I have lost this one?? i have already sent over the letters to the companies in question so what will happen now??

The letters you sent were requests for documents that still have to be supplied even if the debt is not SBd. There's no need to chase the CCA request, Cabot will probably write back saying it will take 40 days as they usually do. :mmph: You need to chase the CPR request though and be ready to submit a generic defence based around lack of documents if your deadline approaches and they've not supplied them.

[jonny1979]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

The letters you sent were requests for documents that still have to be supplied even if the debt is not SBd. There's no need to chase the CCA request, Cabot will probably write back saying it will take 40 days as they usually do. :mmph: You need to chase the CPR request though and be ready to submit a generic defence based around lack of documents if your deadline approaches and they've not supplied them.

Okay thanks for the reply will wait now until the replies come in and will update/post when the defence due date draws near. May need some help with that if that's okay!

[FlamingParrot]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Okay thanks for the reply will wait now until the replies come in and will update/post when the defence due date draws near. May need some help with that if that's okay!

Yes, please do post up any updates. :typing:

[jonny1979]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Quick update both letters were received by Cabot and Weightmans have kept the proof of postage and checked the tracking codes both signed for. As of today Cabot have sent the standard letter? With 40 days etc. Still no response from Weightmans with the CPA request is that something I should be concerned about or is that a good sign? If I need to chase up is it best to do this in writing or call them??

Thanks
J

[nemesis45]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

[QUOTE=jonny1979;555353]Quick update both letters were received by Cabot and Weightmans have kept the proof of postage and checked the tracking codes both signed for. As of today Cabot have sent the standard letter? With 40 days etc. Still no response from Weightmans with the CPA request is that something I should be concerned about or is that a good sign? If I need to chase up is it best to do this in writing or call them??

Thanks
J[/QUOTE
Cabot's 40 day letter is nonsense if they do not supply the agreement within 12 + 2 working days it renders the debt unenforceable until the agreement is provided.
Weightmans may not even respond to the CPR request. You can chase it of course.

[jon1965]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Please remember that just because it is unenforceable until they produce the agreement once they have produced it providing it is compliant it becomes enforceable. It had been known for them to actually produce the agreement on the day of the hearing . Cabot are actually following the guidelines set down for them by telling you it could take up to 40 days, remember that it can actually take a long time for a case to get to court even after the claim has been issued.

[Amethyst]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Could you point me to the guidelines set down for Cabot with regards 40 days please Jon.

The issue with the standard 40 days letter from Cabot is that they can and do jump in and claim a default judgment if the Defendant waits for the response from Cabot.

Cabot have bought the court proceedings and therefore have set the timescales themselves. If they do not produce the documents before the defence is due in, and refuse an extension request of 28 days, the defendant is quite at liberty to defend on the basis of non compliance with the CCA ( after 12+2) days and request that Cabot pay for any amendment required to the defence should they produce the documents after that date.

The Defendant could also(instead of defending) apply to strike out the claim on lack of evidence generally, and often on lack of particulars, or apply to ask the court to order compliance with the CPR 31.14 request.

[jon1965]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

The FCA say that when a cca request can n8t be fulfilled in the correct time the creditor should give an expected timescale. However, I also think it says that they should not make a claim without having the necessary documents. When I get to my pc I will dig it out and post it for you. Have a look at conc 13. Of course the letter should say that until they are provided no further enforcement action will be taken but without seeing the letter it is impossible to say if that is included.

[FlamingParrot]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

Quick update both letters were received by Cabot and Weightmans have kept the proof of postage and checked the tracking codes both signed for. As of today Cabot have sent the standard letter? With 40 days etc. Still no response from Weightmans with the CPA request is that something I should be concerned about or is that a good sign? If I need to chase up is it best to do this in writing or call them??

Cabot's generic template letter is sent to everyone who sends a CCA request regardless whether they are in court or not, that's the problem. No need to chase them for that one as non-compliance can be used in your defence and the law doesn't allow 40 days for a CCA request, that's the period allowed for a SAR.

You do need to chase the CPR request, you can do so by letter, phone or email. Phone and/or email may be quicker if you haven't got much time left to file your defence. You can tell them that they should have been in possession of the documents before issuing a claim and you need to inspect them to do your defence, so would they kindly agree to a 28 day extension as allowed by CPR 15.5. If they do agree, they should put it in writing (letter or email) and it's your responsibility to forward that to the court. :typing:

- - - Updated - - -

The Defendant could also(instead of defending) apply to strike out the claim on lack of evidence generally, and often on lack of particulars, or apply to ask the court to order compliance with the CPR 31.14 request.

We used to do a lot more unless orders before, I used to suggest them more than generic defences, unless the claims were very low value, but then we got some awkward judges, didn't we? Plus the £155 N244 fee unless they qualify for fee remission.

There was, however, a success story this morning with an unless order, quoted below so it may still be worth going down that route:

Another update
Just spoke to the court to ask if BC has sent the paperwork to them as ordered in the unless order because he has not sent it to me and the dead line is up today......and guess what?.....he discontinued on the 18/06/15 but he dident feel the need to let me know that.
So the plan is now to wait till the DJ rubber stamps it as there is a back log....surprise surprise... and then start poking him with a stick to get my N244 cost back and my time defending this unsubstantiated claim.
Thanks for everyone's help so far, watch this space.
Ian

[Amethyst]

Re: Court Claim - Cabot Financial / Peoples Bank - 5-6-2015

These are the letters


They can't really say no enforcement action will be taken, as that would be very misleading as they are already midst of court action.... I know some of the letters do say that though - and we've had pickles where people have thought that meant the court case wouldn't proceed and ended up with a default judgment as they didn't enter a defence . Cabot tend to hand things over to their sols and leave them to it and forget their is a court claim in progress - that's why we say that the 40 days is nonsense - because in the situation that most people on here who receive the 40 days letter are probably 20 days into a court claim they 40 days should be ignored and they should follow the court deadlines and/or ask Cabots sols to agree an extension of (max) 28 days to give Cabot time to come up with the documents.