Cabot Financial/HSBC

[Amethyst]

Re: Cabot Financial/HSBC

You *should* be okay sending within the email, but ring the court and check.

[RattyOne]

Re: Cabot Financial/HSBC

When you say ring the Court do you mean Northampton or the MCOL number? Sorry for all the questions but I really don't want to get this wrong!

[Amethyst]

Re: Cabot Financial/HSBC

Either will be okay xx

[FlamingParrot]

Re: Cabot Financial/HSBC

I only have my tablet and phone (netbook broken) and have absolutely no idea how to do a PDF file on here or if it's even possible. My knowledge of PDF is shaky at best. At the moment I have the defence saved as an email....that's how much of a computer idiot I am.
Any tips? I thought this would be simple. Clearly not!

You don't need to attach a PDF of the thread, just copy the paragraphs of your defence and statement of truth and paste into your email which should be headed with claim number - Cabot -v- your name - DEFENCE :typing:

[RattyOne]

Re: Cabot Financial/HSBC

My word that was an ordeal! The MCOL helpline appears to be some kind of endurance test lol

Defence filed as the body of an email, the lady I spoke to sent me and email confirming it could be done that way which is a handy belt n braces approach should there be any comeback.

I bcc'ed 2 other email addresses (one mine, one hubbys) again as a kind of backup to prove it sent.

Now to relax (until the next instalment.....)

Thanks again, I would have been completely floundering without your help xx

[Amethyst]

Re: Cabot Financial/HSBC

lol, I did say if you could bear ringing them... they are a bit of a nightmare at time. Well done, all sorted for a little bit now, you should get a letter telling you a copy has gone to the claimant and then you should get a directions questionnaire in around months time xxx

[judgemental24]

Re: Cabot Financial/HSBC

It is a bit late now but can Section 86D CCA 1974 not be used??

Is it still not the case a creditor cannot enforce an agreement if he has not issued either notice of Default Sums or Annual statement, Even if it has been passed to a DCA??

86D - that sets out the consequences for a creditor or owner if he fails to give a notice as required by sections 86B or 86C.

86(D)(3)The creditor or owner shall not be entitled to enforce the agreement during the period of non-compliance.

86(E)(5)

(5)If the creditor or owner fails to give the debtor or hirer the notice under this section within the period mentioned in subsection (2), he shall not be entitled to enforce the agreement until the notice is given to the debtor or hirer.

[RattyOne]

Re: Cabot Financial/HSBC

Very interesting judgemental 24 and would be interested to know if that is indeed the case for future reference.

In any case I think it's immaterial now as I believe we just scored a resounding victory if the letter in front of me is correct.....as they can't find the paperwork!!!

Letter from Cabot reads.....

Thank you for your request under the Consumer Credit Act 1974. Unfortunately it appears that HSBC are unlikely to be able to provide the requested documentation. Therefore I can confirm we have taken the decision to no longer peruse collection of this account unless this information is obtained in the future. They will continue to report to credit agencies etc etc.....

So, do they now deal with cancelling the court stuff? Do we have to do anything or is that it? I can't quite believe it was that simple and I cannot thank everyone here enough for all your wonderful help and advice. I wouldn't have had a clue what to do otherwise. You're all quite simply amazing!

[judgemental24]

Re: Cabot Financial/HSBC

You need to phone the court and check the action has been withdrawn so check in a few days or you might get a default judgement against you

Never trust a DCA

[nemesis45]

Re: Cabot Financial/HSBC

Very interesting judgemental 24 and would be interested to know if that is indeed the case for future reference.

In any case I think it's immaterial now as I believe we just scored a resounding victory if the letter in front of me is correct.....as they can't find the paperwork!!!

Letter from Cabot reads.....

Thank you for your request under the Consumer Credit Act 1974. Unfortunately it appears that HSBC are unlikely to be able to provide the requested documentation. Therefore I can confirm we have taken the decision to no longer peruse collection of this account unless this information is obtained in the future. They will continue to report to credit agencies etc etc.....

So, do they now deal with cancelling the court stuff? Do we have to do anything or is that it? I can't quite believe it was that simple and I cannot thank everyone here enough for all your wonderful help and advice. I wouldn't have had a clue what to do otherwise. You're all quite simply amazing!

Sounds good, just ring the court for confirmation.

Please be aware this means only that the debt cannot be enforced via the court, it does though still exist and can be chased by other debt collection methods, e.g. Cabot ha been know to take the " moral" approach that you really know you should pay us so we are offering a discount pay £ xxx and have a clear conscience!! There is a standard and the 2nd word is" OFF".

nem

[FlamingParrot]

Re: Cabot Financial/HSBC

Very interesting judgemental 24 and would be interested to know if that is indeed the case for future reference.

In any case I think it's immaterial now as I believe we just scored a resounding victory if the letter in front of me is correct.....as they can't find the paperwork!!!

Letter from Cabot reads.....

Thank you for your request under the Consumer Credit Act 1974. Unfortunately it appears that HSBC are unlikely to be able to provide the requested documentation. Therefore I can confirm we have taken the decision to no longer peruse collection of this account unless this information is obtained in the future. They will continue to report to credit agencies etc etc.....

That's brilliant news, and by no means the only time Cabot have had to discontinue due to not being able to get hold of the documents! :cheer2: :cheer2: :cheer2:

Time for our little anthem yet again: :whoo: :high5: :whoo: