**DISCONTINUED** Cabot VS ME

[joedempsey]

Re: **DISCONTINUED** Cabot VS ME

think this one needs a bump...anyone?

[nemesis45]

Re: **DISCONTINUED** Cabot VS ME

Hi guys!

Well after a couple of months of being glad this affair was over, all is not what it seems though!

I received a letter this morning from Cabot....please find enclosed all of the relevant information following your request for information under section 77-78 of the CCA 1974

We consider that the agreement is now enforceable and therefore we are able to obtain a CCJ against you, however we would prefer that you work with us and so forth.

Now, they have obtained the original CCA signed and dated by me(copy) on 14/04/09 it doesn't have any documents in relation to the last made contact/payments I made on the account etc....so can this or cannot be made statute barred?

They didn't go on to say or provide any actually statements of my actual account nor did they send me any notice of assignments. Just they're version of statement of account just confirming the regular; there is an outstanding balance, the amount I owe (£1,101.14) and I am not able to draw further from this account

Any thoughts or suggestions
Many thanks

Hi that's always a chance with any claim where lack of enforceable paper work is a the reason for discontinuance.., always a chance it may show up.

Do you know when the last payment/acknowledgement was made, however from the inception date of the agreement 14/04/2009 unless no payments were made from day one SB is not a prospect.

So credit file check may help through some light on what has gone on default date etc.

I am surprised Cabot has not gone straight for a new claim.

Can you please post up a copy of the agreement after removing personal identifiers.

nem

[muk74r]

Re: **DISCONTINUED** Cabot VS ME

Hi Nem, thanks for a quick response!

I'm surprised too, maybe they want to try negotiate a deal, who knows lol! Pests!

I would maybe have to wait a while before I go into the whole credit reference files etc to find out what exact details are on from when defaulted. I maybe have defaulted later on the same year as I was out of a job for a long while but like I said waiting for credit file will only elongate this.

I'm away from home at the moment but as soon as I can, I will post up relevant docs excl identifiers. (Do I need to do this from a desktop)

I don't mind maybe coming to some of agreement with these guys as I'm in a better financial position, not good enough to settle the entire amount but this is only just the after thought when I'm truly beaten!

Any thoughts

[nemesis45]

Re: **DISCONTINUED** Cabot VS ME

Hi Nem, thanks for a quick response!

I'm surprised too, maybe they want to try negotiate a deal, who knows lol! Pests!

I would maybe have to wait a while before I go into the whole credit reference files etc to find out what exact details are on from when defaulted. I maybe have defaulted later on the same year as I was out of a job for a long while but like I said waiting for credit file will only elongate this.

I'm away from home at the moment but as soon as I can, I will post up relevant docs excl identifiers. (Do I need to do this from a desktop)

I don't mind maybe coming to some of agreement with these guys as I'm in a better financial position, not good enough to settle the entire amount but this is only just the after thought when I'm truly beaten!

Any thoughts

It would help to see a copy of the agreement!
Paying the alleged debt of will still leave the default entry on credit files for the balance of the 6 years from the default date.

Beware of Cabot issuing another claim and getting summary judgement because you miss replying.

I would check credit files now.

nem

[muk74r]

Re: **DISCONTINUED** Cabot VS ME

Hi folks sorry about the delay

I have just tried uploading the CCA and covering letter from Cabot and its saved in pdf format, hope someone can view this some how, if not I will have to PM someone these over to upload, if that is allowed of course.

[Kati]

Re: **DISCONTINUED** Cabot VS ME

Hi folks sorry about the delay

I have just tried uploading the CCA and covering letter from Cabot and its saved in pdf format, hope someone can view this some how, if not I will have to PM someone these over to upload, if that is allowed of course.

It loaded fine (although I've removed your name and ref numbers from a couple of the pages) - if you have problems uploading anything feel free to email them to me with a link to your thread and I'll happily post them for you (kati@legalbeagles.info)

[muk74r]

Re: **DISCONTINUED** Cabot VS ME

Thank you kati, so that's pretty much it with all the files everyone, hope somebody can assist me any further.
If not then I will have to bow to Cabot

[nemesis45]

Re: **DISCONTINUED** Cabot VS ME

Hi folks sorry about the delay

I have just tried uploading the CCA and covering letter from Cabot and its saved in pdf format, hope someone can view this some how, if not I will have to PM someone these over to upload, if that is allowed of course.

Sorry can't open it [MENTION=49370]Kati[/MENTION] message " cannot reach this page"??

nem

[Kati]

Re: **DISCONTINUED** Cabot VS ME

Sorry can't open it @Kati message " cannot reach this page"??

nem

Here ya go [MENTION=55034]nemesis45[/MENTION] :tinysmile_twink_t2:

[nemesis45]

Re: **DISCONTINUED** Cabot VS ME

Thank you @ Kati!!:tinysmile_twink_t2:

[nemesis45]

Re: **DISCONTINUED** Cabot VS ME

Ok looking at the agreement it looks as if Cabot have for once " come up with the goods"
It fine ( I have a late 2008 agreement on file can't see any difference.
Is there anything in the background to this debt to use in defence?
nem

[mystery1]

Re: **DISCONTINUED** Cabot VS ME

Have they issued a 2nd claim ?

M1

[nemesis45]

Re: **DISCONTINUED** Cabot VS ME

Have they issued a 2nd claim ?

M1

Not yet MI just the letter stating that they can now get a CCJ.

nem

[mystery1]

Re: **DISCONTINUED** Cabot VS ME

Not yet MI just the letter stating that they can now get a CCJ.

nem

A defence was originally entered wasn't it ?

They have huge issues if so.

M1

[nemesis45]

Re: **DISCONTINUED** Cabot VS ME

A defence was originally entered wasn't it ?

They have huge issues if so.

M1

Yes issued then discontinued now what looks to me a compliant agreement has been produced, so the claim can be " revived".

nem