Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD -

[wardy111]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Hey Guys what should I do about this reply ? Thanks in advance

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[FlamingParrot]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Hey Guys what should I do about this reply ? Thanks in advance

You have received Cabot's generic template letter they use in response to ALL CCA requests, saying it will take them 40 days. As the law only gives them 12+2 working days, they will be in default if they don't comply within those timescales (not the 40 days which apply to a SAR not a CCA request). Non-compliance with a CCA request is a bar to enforcement for as long as the breach prevails and you can use that fact in your defence. :thumb: So, no reason to reply or chase the CCA request.

The only one you will need to chase up is the CPR request once the seven days are up. hone:

[nemesis45]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Hey Guys what should I do about this reply ? Thanks in advance

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Standard reply for CCA request used by a number of DCA's now.

It matters not what they say no CCA within 12 + 2 Working Days then the debt is
unenforceable until they can provide it.

nem

[wardy111]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Hey Guys

I have received a letter from Weighmans that reads:


We write I respect of the following above mentioned proceedings.

We have received your Defence and can confirm that our client does not accept such accordingly, we have written to the court to request the matter proceed as defended matter


what happens now and what should I do ?

I have also received court papers

NOTICE of PROPOSED ALLOCATION to Small Claims Track and mediation offer ?

[nemesis45]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Hey Guys

I have received a letter from Weighmans that reads:


We write I respect of the following above mentioned proceedings.

We have received your Defence and can confirm that our client does not accept such accordingly, we have written to the court to request the matter proceed as defended matter


what happens now and what should I do ?

I have also received court papers

NOTICE of PROPOSED ALLOCATION to Small Claims Track and mediation offer ?

You must complete the form and return a copy to the court and one to the claimants solicitors.
You don't dispute jurisdiction, there is only one witness i.e. you as litigant in person.
Tick yes for mediation ( it is expected that the parties to a claim to attempt resolution without
recourse to a hearing.

[FlamingParrot]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

I have received a letter from Weighmans that reads:

We write I respect of the following above mentioned proceedings.

We have received your Defence and can confirm that our client does not accept such accordingly, we have written to the court to request the matter proceed as defended matter

what happens now and what should I do ?

It just means they wish to proceed.

I have also received court papers

NOTICE of PROPOSED ALLOCATION to Small Claims Track and mediation offer ?

That's just routine, the next step in the process, you need to complete and return the questionnaire as indicated. Make sure you provide details of your local court as that where you'd have to attend a hearing, as well as any dates you won't be available. You won't need any experts or key witnesses, nor an interpreter. Under D3 only one witness (yourself). Any further questions just shout. :director:

If they've not provided documents by the time mediation is scheduled it's not likely to go ahead but for now say yes to mediation. Once a hearing is scheduled the court will order them to provide the documents at least 14 days before the hearing date and that's where they could stumble. Who knows, they may even have to discontinue. ray: ray: ray: I see this is Cabot, the same guys who have been sending out letters in response to CCA requests saying they haven't been able to obtain anything and the account is currently unenforceable, even when they've issued a claim. Do post up if you receive any missives from them. :typing:

[wardy111]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

It just means they wish to proceed.

That's just routine, the next step in the process, you need to complete and return the questionnaire as indicated. Make sure you provide details of your local court as that where you'd have to attend a hearing, as well as any dates you won't be available. You won't need any experts or key witnesses, nor an interpreter. Under D3 only one witness (yourself). Any further questions just shout. :director:

If they've not provided documents by the time mediation is scheduled it's not likely to go ahead but for now say yes to mediation. Once a hearing is scheduled the court will order them to provide the documents at least 14 days before the hearing date and that's where they could stumble. Who knows, they may even have to discontinue. ray: ray: ray: I see this is Cabot, the same guys who have been sending out letters in response to CCA requests saying they haven't been able to obtain anything and the account is currently unenforceable, even when they've issued a claim. Do post up if you receive any missives from them. :typing:

Thanks again for your support Guys Much Appreciated

[wardy111]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Thanks again for your support Guys Much Appreciated

Morning Guys,

I have a call from the mediation team and they asked if I had everything that I needed to proceed and I told them that Cabot or Bank of Scotland had failed to provide me with the agreement, they said at that point they would be unable to mediate on this matter.

I have now received a letter saying that it has been transferred to the county court for allocation.

I have not done anything like this before can anybody tell me what I need to do or what to expect and what I shouldn't do ?

thanks very much and have a happy sunday :incourt:

[FlamingParrot]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Morning Wardy

Mediation can only go ahead when you've got the paperwork to enable you to compromise which is the whole point of the process. If mediation can't go ahead the matter will proceed to court, however, they will still have to provide you with the paperwork at least 14 days before the hearing date once it's scheduled. If they are unable to obtain the documents, they may well have to discontinue. ray: ray: ray:

Remember that they are at the mercy of the original creditor to supply the paperwork so all they can do is hope that they can meet the deadline. That 'Guilty' smiley isn't really appropriate here. :nono: :lol:

[wardy111]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Morning Wardy

Mediation can only go ahead when you've got the paperwork to enable you to compromise which is the whole point of the process. If mediation can't go ahead the matter will proceed to court, however, they will still have to provide you with the paperwork at least 14 days before the hearing date once it's scheduled. If they are unable to obtain the documents, they may well have to discontinue. ray: ray: ray:

Remember that they are at the mercy of the original creditor to supply the paperwork so all they can do is hope that they can meet the deadline. That 'Guilty' smiley isn't really appropriate here. :nono: :lol:

thanks again Flaming Parrot

[wardy111]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Hello I have received the following court notice and also offer letter from Weightmans

whats your take on this ?

Thanks again for you input and time

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Received a claim? Yes
Issue Date: 2-7-2015
Amount approx: £4227.00
Claimant: CABOT FINANCIAL UK LIMITED
Solicitor: WEIGHTMANS LLP
Original Credit: BANK OF SCOTLAND (MARBLES) CREDIT CARD

Particulars of Claim:
1 The Defendant entered into a credit agreement described by the original creditor as BANK OF SCOTLAND (MARBLES) CREDIT CARDAND HAVING ACCOUNT NUMBER 000000000000000 (the Account")

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 in indebted to the claimant in respect of the account in the sum of £3962.00

4 The Claimant claims the said sum of £3962,plus costs

Stat Barred? No

Have sent:

Other Info:
I had debts with most credit cards at some point and managed to agree settlements with them many years ago, the ones i was unable to negotiate with i paid a token amount but the following may help

opening date 18-06-2002
default date 25-09-2009
Default balance £5.733

I would appreciate any help that you can provide as I cant afford to pay this amount and the pressure that it causes me is unbelievable

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[IMG][img=http://s4.postimg.org/musxpp5hl/Court_Page_2.jpg][/IMG] also court summons

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sorry also court summons was sent

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[Amethyst]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Have you received a copy of the agreement from Cabot ?

The hearing fee is due by the 14th December ( payable by the claimant) so of course their offer ends before then. That is often the point at which they discontinue if they don't have the documents.

On the hearing letter (second page usually) there should be more info about submitting a witness statement and documents to the court 14 days before the hearing. I can't see a date for the WS on that first page.

What is your main objective ? avoiding the CCJ ? Is £160 a month affordable ? If you can't have a CCJ and £160 is affordable then that could be done under a tomlin/consent order and gives you a reduced settlement without a CCJ. If they do come up with the documents after the 8th then you might still be able to negotiate a tomlin/consent order though it is likely to be higher. It is a gamble/game of chess really, if they don't have the documents they do make an offer in the hope you will accept - but they can still come up with the documents, pretty much all the way up to the date of the hearing.

What year was the card taken out?

[nemesis45]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Wardy you have left your name on these attachments edit them out please.

My guess is Cabot are not so sure of success as they make out in that letter!
My feeling is that they are not really giving much away with these " offers".

nem

[wardy111]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Hi Amethyst

thanks for your reply, the debt goes back to 2005 -2006 affording the £160 is not possible and i obviously don't want a CCJ

[Amethyst]

Re: Court Claim - CABOT FINANCIAL UK LIMITED / BANK OF SCOTLAND (MARBLES) CREDIT CARD

Okay as it is pre 2007 it is more unlikely that they will find the agreement, however there's no guarantees.

So Options;

Go back to Restons and negotiate the amount down on the basis there is no credit agreement and the debt would be unenforceable in court - without prejudice of course. This is the best time to negotiate for a lower settlement as they are in the dark as much as you with regards whether the agreement exists. You might be able to knock them down another £1000 to get the £160 over 20 months reduced to say £91 over 24 months... or something along those lines. Or if that is seriously out of reach consider their alternative offer under a tomlin/consent order and negotiate the monthly payments based on your own income and expenditure.

Reply and tell them you are turning down their offer as they have not yet evidenced the debt and their client is currently in default of a formal CCA request - then wait it out until they either produce the documents ( at which point try and negotiate a tomlin order) or the possibility of them discontinuing before they lose the hearing fee ( which could be up to 7 days before the hearing as they can pay it then get a full refund if they discotninue 7 days before the hearing) by that point though they will have had to submit their witness statements and documents they intend to rely on ( 14 days before) so if they still have no documents by that point ( so 4th Jan ) they may discontinue rather than spend out on the WS.

Sadly there isn't a right or wrong answer, it is a tactical move by Weightmans, sometimes it preceeds discontinuance and sometimes it preceeds coming up with the documents.