wrongly accused vs cabot

[sharron22]

2006 my daughter ordered shoes and handbag from viva la diva, at the time she lived with a friend and worked long nights in a nightclub so she slept all day and asked if she could have the goods delivered to my house for her to pick up, I work part time so I said yes and received the goods and handed them to her and never gave them any more thought please bear in mind this has been ongoing for 6 years now time went by and I started receiving letters for her from viva la diva I never opened any of the letters and passed them on this went on for some time letter after letter, so I started returning them as " unknown at this address" and continued doing sothen I started receiving letters in both mine and my daughters name which I returned to sender and ignored letters addressed to me, IT'S NOT MY DEBT finally it went quiet, then I started recieveing letters from cabot i rang them and told them I didn't get the items it's not my debt, cabot are sneaky underhanded people, the next thing I knew I had bailiffs at my door I kept in touch with them telling them what was going on and constantly got in touch with cabot, they just won't have it ,, they won't listen I repeatedly told them IT IS NOT MY DEBT they won't have it, so I rang debtline they told me to get forms to have the debt set aside so I did that now I'm totally stressed I already take anti depressant tablets. I dunno what to do or where to turn please please help me any advice welcome please

[sharron22]

wrongly accused vs cabot

I'm been accused of owing cabot financial £277, the debt belongs to my daughter not me. I was taken to northampton court, given a ccj and now fighting them about something that is NOT mine! I enquired at national debtline for advice they told me to apply to court to have the debt set aside , which I did cabot was sent a copy of my letter, I received a letter back from cabot telling me to prove letters were sent in both mine and my daughters name which I can't do because I returned to sender they are been very matter of fact with me, I'm stressed can't sleep and constant Headache cos I dunno where to start or what to do any help PLEASE

[PAWS]

Re: wrongly accused vs cabot

Hi Sharron
I am afraid I cannot link this to your other thread
please help I need advive
I will just give this a bump :bump2:and see if anyone can help. Now I know this is easier said than done but try and take a deep breath. You will get through this.

[FlamingParrot]

Re: wrongly accused vs cabot

This is the other thread: http://www.legalbeagles.info/forums/...692#post552692

If an application for set aside was submitted, it would be up to the court to decide whether to set aside the judgment or not. Most set aside applications are dealt with at a hearing, has one been scheduled?

[sharron22]

Re: wrongly accused vs cabot

yes it has been set for july 13th at 3pm, and to be honest I'm scared, I have no solicitor, defence, letters, nothing. I don't even know what I'm meant to do if cabot will be there ? I feel sick when I think about it but as I said it's not mine I dunno how it ended in my name

[Amethyst]

Have you discussed this with your daughter at all ?

This hearing will just be to see if the judgment can be set aside - what reasons did you put for requesting the judgment set aside and defend the claim ? If you can post copies of what you have done on here that would be really helpful , you should be able to send in a witness statement if anything needs beefing up.

Viva la Diva is a JD Williams company - have you requested a copy of the credit agreement from either them or Cabot ? I doubt there will be one, and if there is it will likely be in your daughters name at your address as they would just use the delivery details for the credit agreement. In 2006 they weren't exactly up on their paperwork.


( threads merged too and moved to court claim forum )

[sharron22]

Re: wrongly accused vs cabot

I have discussed this with her and she is happy to do whatever needs to be done write a letter, come along to the hearing. i told them that the debt was not mine, I told them exactly what happened that she had just had the parcel delivered to me so she could collect later ,that she ordered the items in feb 2009 and sent an item back. also paid 1 payment of £20 paid with a debit card , I asked both viva la diva and cabot to supply documents, diva la vida supplied a draft of admin charges( which had duplicate charges on them) but said" they did not have any details of the account yet they sent that draft of charges. there is a default on my credit report on noodle for £277 but has risen to £378 I'm sorry if I'm not making much sense. I honestly don't know what I'm doing. but cabot are adamant this is my debt. they won't listen to reason, I have had no contact whatsoever with them Until the bailiffs knocked at my door and sent me into a state of panic.

[sharron22]

Re: wrongly accused vs cabot

just a quick question,? are " terms and conditions" same as a credit agreement ?

[nemesis45]

Re: wrongly accused vs cabot

just a quick question,? are " terms and conditions" same as a credit agreement ?

The Terms and Conditions are the "working parts " of an agreement., and together with the financial data and
the signature panel make up the agreement.

If you are referring to a reconstituted agreement which is made up of all
the terms and conditions and amendments relevant to the original agreement
A recon agreement does not have to have signatures.

nem

[sharron22]

Re: wrongly accused vs cabot

why i ask is today i rang Diva la vida to ask why the duplicate admin charges, she said" it is in the terms and conditions they can charge this, which I don't have but have requested, she also said the charges have been reduced but because the debt "allegedly said to be mine" was taken out 2009 those charges will not be changed I'm thinking that they still own the debt and have cabot working for them, I have no idea but beating my head off a wall, thank you for your reply appreciated

[sharron22]

Re: wrongly accused vs cabot

Account type
Mail Order

Account number



Account start date
15/04/2009

Opening balance
£ 261

Repayment frequency
Monthly

Date of default
19/02/2010

Default balance
£ 261

Status hist


would you have a look at that please, it has recently been updated and the default balance has changed to £374 are they allowed to do this

[sharron22]

Re: wrongly accused vs cabot

account start date 15/4/2009
payment by card 8/5/2009 = £20
balance on account 20/6/2009 = £70.99
Default on credit file 19/2/2010
Default balance £ 261, has risen to £374
Q, does that make the debt statue banned.?

1, I had to reply as bailiffs arrived at my home which scared the life out of me in panic , I also made calls to cabot. repeatedly they asked my name and date of birth, on 2 occasions I didn't pass their security questions,1 was on my date of birth ( which they still have wrong)2, and on my middle initial T., restons have already said in no uncertain terms they are going to oppose my application to set the judgment aside ,,, what do I do because all this is so confusing

[FlamingParrot]

Re: wrongly accused vs cabot

account start date 15/4/2009
payment by card 8/5/2009 = £20
balance on account 20/6/2009 = £70.99
Default on credit file 19/2/2010
Default balance £ 261, has risen to £374
Q, does that make the debt statue banned.?

I would say no, if the last payment was in May 2009 then the cause of action wouldn't have arisen until at least a month later, i.e June 2009, the claim would have been issued before June 2015 so not SBd at the time the claim was issued which is when the clock stops.

1, I had to reply as bailiffs arrived at my home which scared the life out of me in panic , I also made calls to cabot. repeatedly they asked my name and date of birth, on 2 occasions I didn't pass their security questions,1 was on my date of birth ( which they still have wrong)2, and on my middle initial T., restons have already said in no uncertain terms they are going to oppose my application to set the judgment aside ,,, what do I do because all this is so confusing

Can you tell us more about the bailiffs? Were they there for this debt or for any other reason? Did you let them in? What happened next?

Did you ever receive an enforcement notice, i.e. notice that the bailiffs would visit? They should give you at least 7 clear days before a visit.

[nemesis45]

Re: wrongly accused vs cabot

[QUOTE=sharron22;554345]account start date 15/4/2009
payment by card 8/5/2009 = £20
balance on account 20/6/2009 = £70.99
Default on credit file 19/2/2010
Default balance £ 261, has risen to £374
Q, does that make the debt statue banned.?

1, I had to reply as bailiffs arrived at my home which scared the life out of me in panic , I also made calls to cabot. repeatedly they asked my name and date of birth, on 2 occasions I didn't pass their security questions,1 was on my date of birth ( which they still have wrong)2, and on my middle initial T., restons have already said in no uncertain terms they are going to oppose my application to set the judgment aside ,,, what do I do because all this is so confusing[/QUOTE


nem
Did you by any chance ask when you spoke them is they had an agreement?

[sharron22]

Re: wrongly accused vs cabot

I sent a letter requesting the agreement, which I have not received yet, they just mentioned the terms and conditions