Summary cause summons, cabb, providian

[rosemarie]

Hi, just looking for a bit of advice. I received a summary court summons by cabbot finance. The debt was originally with Providian credit card and I defaulted in 93. Cabot then bought the debt and I started a payment plan with them. The debt was originally around 2,500.00. I paid off around 600.00 over the years. I fell into more hard times and defaulted on payments, when I rang them again to restart they had added a lot of interest. I started paying again later missed more payments. the debt increased to 2780.93. I stopped paying them for a while as I was struggling and it seemed pointless as they were adding interest for missed payments. I started paying again in 2012. but they bumped my debt up from3042.00 to 3535.92 in 4 months in 2012. I stopped paying as it was pointless. They have increased my debt now to 3540.00. I am now being taken to court for a debt which has increased from £2500.00 to £3540.00 with their charges and interest. If I deduct the money I have paid it should be only £1900.00 or close. I will also have court fees and more added interest. I am admitting I owe the £1900.00 and will try to pay in instalments if the court agrees, but I cant accept the added charges by cabot of £1640.00 . I need to find out are they allowed to do this . Also on the court form they are saying they got the debt of £3540.00 in 2014 from Providian. This is not true it was 2003-2004. They have also passed it to Robinsons way for a couple of months then took it back. I have a very small amount of paperwork, unfortunately I destroyed most of it a year or so ago while cleaning out. Can someone advise please, should I accept it all or do I have a chance to fight the charges.

[Kati]

Re: Summary cause summons, cabb, providian

Hi [MENTION=67982]rosemarie[/MENTION] ... can you give us a bit more info please??

[rosemarie]

Re: Summary cause summons, cabb, providian

Hi @rosemarie ... can you give us a bit more info please??

Hi, just looking for a bit of advice. I received a summary court summons by cabbot finance. The debt was originally with Providian credit card and I defaulted in 93. Cabot then bought the debt and I started a payment plan with them. The debt was originally around 2,500.00. I paid off around 600.00 over the years. I fell into more hard times and defaulted on payments, when I rang them again to restart they had added a lot of interest. I started paying again later missed more payments. the debt increased to 2780.93. I stopped paying them for a while as I was struggling and it seemed pointless as they were adding interest for missed payments. I started paying again in 2012. but they bumped my debt up from3042.00 to 3535.92 in 4 months in 2012. I stopped paying as it was pointless. They have increased my debt now to 3540.00. I am now being taken to court for a debt which has increased from £2500.00 to £3540.00 with their charges and interest. If I deduct the money I have paid it should be only £1900.00 or close. I will also have court fees and more added interest. I am admitting I owe the £1900.00 and will try to pay in instalments if the court agrees, but I cant accept the added charges by cabot of £1640.00 . I need to find out are they allowed to do this . Also on the court form they are saying they got the debt of £3540.00 in 2014 from Providian. This is not true it was 2003-2004. They have also passed it to Robinsons way for a couple of months then took it back. I have a very small amount of paperwork, unfortunately I destroyed most of it a year or so ago while cleaning out. Can someone advise please, should I accept it all or do I have a chance to fight the charges

[Amethyst]

Re: Summary cause summons, cabb, providian

Have you already entered an admission or defence to the court ?

If not then hang fire, can you tell us when the court claim was issued ?

You can write and make sure they have the legal right to collect this debt from you - which means they must produce a copy or reconstruction at least of the original credit agreement and terms. So we should ask them for that before you do anything else with the court.

Also we need to know when Cabot first bought the debt. Had you made any payments between defaulting in 1993 and when Cabot bought it ? If that was 2003/2004 it is likely to have been statute barred when they bought it. Which basically means you might be able to defend the whole caboodle.

[Amethyst]

Re: Summary cause summons, cabb, providian

Are you in scotland ? ( in which case when is the return date ?)

[rosemarie]

Re: Summary cause summons, cabb, providian

Hi, thank you for your help, its much appreciated. I have not replied to the court yet, I have until 14 july to do this, and calling date 27th. The debt was passed to cabot around 2003. I don't know for certain the date. Providian told me they were going to sell it on as I had defaulted. Unfortunatley I have been paying them on and off until 2012, so I have kept the debt alive. I telephoned their solicitor optimal legal and told them I was not happy with the added interest, they have requested the documentation from cabot, so they say. They also wanted me to send them any documentation I have, but I have been reluctant to do this. I got annoyed and reported them to the ombudsman, for the added charges, they have now contacted cabot to send me a break down of them, hope I have not made things worse. To be honest I don't know what to do. Cabot have had the debt from 2003, they did pass it on to two other collection agencys but it always turned up back with them again. I don't know why they have said in the court papers that Providian passed it to them in 2014, when I have evidence they have had it for years. Thanks hope I am not rambling on.

- - - Updated - - -

Hi, yes scotland

[Amethyst]

Re: Summary cause summons, cabb, providian

Okay good we have a bit of time then The important period is between 1993 and 2003 - were you paying providian in between those dates?

You need to send this letter, with a £1 postal order, to Cabot - CCA REQUEST ( see here )

and no you haven't done anything wrong, you've been trying to sort it out. I wouldn't send Optima anything you might have on the debt though - their client (Cabot) should have all of that. You could tell Optima you have send a letter to Cabot asking for the original credit agreement though so they are in the loop.

[rosemarie]

Re: Summary cause summons, cabb, providian

Hi, yes I was paying providian starting in 2000 and defaulting in 2003. I still have the default letter saying they were going to sell the debt on. Cabot started after that. I will get that CCA REQUEST sent off to Cabot, and phone Optima when I have done it. At least I now have a start point.

[rosemarie]

Re: Summary cause summons, cabb, providian

Sorry I made a mess I don't know why I put the year 93, it was 2000 to 2003 I had the credit card, sorry I have been in a state about it all. I think this might make a difference in your advice.

[Amethyst]

Re: Summary cause summons, cabb, providian

I guessed that might be the case, so defaulted in 2003 and been paying Cabot ever since on and off to about 2012 ... plus acknwoledged since then ( complaining to Cabot eand FOS etc) so forget stat barring xx

Same advice on the CCA request though - they must have the agreement else they cannot enforce the debt through court so get that sent off Monday and we'll see what they come back with ( probably something about how you should have been given it in 2000 when you opened the account but they'll try and get it for you and will take 40 days or so - which is rubbish and they know it )

[rosemarie]

Re: Summary cause summons, cabb, providian

Thanks, I will get that sent off recorded delivery on Monday , wish I had found this site a week ago.

[rosemarie]

Re: Summary cause summons, cabb, providian

Hi again, it was as you thought, they will send CCA request in 40 days or so. I am due in court soon and admitting the original debt but fighting the added 1600 charges I am saying I did not have any credit agreement with them and Providian sent me a default notice in 2004. I am still waiting for all the paperwork from cabot of details of charges, interest, payments etc. They have said they would sist the court on the day I am due but if I defend the action I will get court costs added plus 8% didn't know what to do but was advised by a lady at the court that I needed to get my form back for the calling day as the sheriff would rule on the day for the total amount and cabot are not able to sist the case unless the sheriff agrees and they may not do so. I hope I am not making things worse. thank you for any advise.