wrongly accused vs cabot

[sharron22]

Re: wrongly accused vs cabot

no I recieved no notice, only letter passed through the letterbox when I got home from work, I rang them next morning the debt was on behalf of cabot. the bailiff was actually very respectful and understanding, I told him as I told cabot and diva la vida the debt is not mine

[nemesis45]

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

Did you send the £1 statutory fee with the request for the agreement.

nem

[sharron22]

Re: wrongly accused vs cabot

i sent a £1 postal order but by normal post I wish now I has sent recorded delivery

[Andreas]

Re: wrongly accused vs cabot

Same thing happens with me 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.

[sharron22]

Re: wrongly accused vs cabot

today I recieved a letter back from Restons along with my £1 fee requesting original agreement. ( i'm not sure how to upload pictures to the site to show you the letters )saying the court had already made judgment and was awarded against me so basically there are no reasons to send the agreement I asked for and I f I wanted the credit agreement I would have to get in touch with the original lender( which I already did and they said they didn't have said agreement but that conversation was on a phone call still awaiting their reply so my question is because the court did a default judgement and they won am I not allowed to fight this corner bear in mind they disclosed all my daughters account number and gave me information bcos the said debt ended in my name I read their terms and conditions online on their site last night and they say" they use a tracing and association check on ppl

[FlamingParrot]

Re: wrongly accused vs cabot

today I recieved a letter back from Restons along with my £1 fee requesting original agreement. ( i'm not sure how to upload pictures to the site to show you the letters )

This may be of help: http://www.legalbeagles.info/forums/...r-details-safe!)

saying the court had already made judgment and was awarded against me so basically there are no reasons to send the agreement

That is legally correct, the duty to respond to a CCA request ends when judgment has been obtained as the judgment supersedes any agreement.

I asked for and I f I wanted the credit agreement I would have to get in touch with the original lender( which I already did and they said they didn't have said agreement but that conversation was on a phone call still awaiting their reply so my question is because the court did a default judgement and they won am I not allowed to fight this corner bear in mind they disclosed all my daughters account number and gave me information bcos the said debt ended in my name I read their terms and conditions online on their site last night and they say" they use a tracing and association check on ppl

Have you tried sending the CCA request to them instead? I mean the official letter with the £1 fee as opposed to a phone call?

[sharron22]

Re: wrongly accused vs cabot

I'm doing that right now writing out the same letter to diva la vida asking for the credit agreement,so could I ask, because the case was taken to court and I wasen't there because the debt is not mine it is my daughters, going to court on the 13th july will be a waste of time for me to do I just have to settle with me been accused of the debt or do I still take the matter to court, I'm so confused by it all

[FlamingParrot]

Re: wrongly accused vs cabot

I'm doing that right now writing out the same letter to diva la vida asking for the credit agreement,so could I ask, because the case was taken to court and I wasen't there because the debt is not mine it is my daughters, going to court on the 13th july will be a waste of time for me to do I just have to settle with me been accused of the debt or do I still take the matter to court, I'm so confused by it all

Did you submit your N244 set aside application with the fee?

[sharron22]

Re: wrongly accused vs cabot

I did, and didn't pay the fee as I am a single parent and work part time so I filled in another form so I didn't have to pay the fee

[FlamingParrot]

Re: wrongly accused vs cabot

I did, and didn't pay the fee as I am a single parent and work part time so I filled in another form so I didn't have to pay the fee

So you qualified for fee remission, that's good news, :clap2: hardly seems fair to pay £155 especially when the judgment is just a little over that amount.

Have you heard from the court after submitting your application?

[sharron22]

Re: wrongly accused vs cabot

only a date for a hearing on 12th july for the set aside, but to be honest I have no idea what I have to do aprt from turn up, with restons saying they didn't need to send the agreement because I was taken to court and a default put on my credit record but I mean would any1 go to court to talk about someone else's debt. the court was in northhampton,they have made me feel like they won and I have no say in the matter

[nemesis45]

Re: wrongly accused vs cabot

only a date for a hearing on 12th july for the set aside, but to be honest I have no idea what I have to do aprt from turn up, with restons saying they didn't need to send the agreement because I was taken to court and a default put on my credit record but I mean would any1 go to court to talk about someone else's debt. the court was in northhampton,they have made me feel like they won and I have no say in the matter

Unfortunately the CCJ now overrides the original agreement, and there is no obligation to produce it now.

nem

[FlamingParrot]

Re: wrongly accused vs cabot

only a date for a hearing on 12th july for the set aside, but to be honest I have no idea what I have to do aprt from turn up, with restons saying they didn't need to send the agreement because I was taken to court and a default put on my credit record but I mean would any1 go to court to talk about someone else's debt.

The main point here is precisely that, it isn't your debt, not whether the agreement is enforceable or not. Is there any way you can show it's your daughter's debt and not yours? Any paperwork, emails, etc.?

the court was in northhampton,they have made me feel like they won and I have no say in the matter

Northampton is just the bulk centre for money claims, not the actual court, it should have been transferred to your local court for the hearing. The document where they've given you the date for the hearing should also state the venue for the hearing, what does it say?

[sharron22]

Re: wrongly accused vs cabot

she ordered them online, and used her debit card for the first £20 payment she only had them delivered to my address for reasons of her working nights in a night club, letters came to my house addressed to her and I passed them onto her, or returned to sender, this debt started 2009 so not all is clear and I don't know everything about the details it's only when I recieved the 1st court letter from the bulk centre and the bailiffi is what me get in touch with them

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the set aside hearing is been held at my local county court

[sharron22]

Re: wrongly accused vs cabot

what is really quite disgusting about all this is, firstly is the initial debt to pay was £70. there are £144 in admin charges £24 every month added yet I spoke to someone on diva la vida who said these charges has changed but not for me( her)I asked if it was because they were unfair, " she changed the subject . they disclosed my daughters debt to me.