cabot vs me...again!

[muk74r]

Hi All

well this is getting stupid now, I didn't even remember the previous attempt to have a CCJ against me and now Cabot are trying again with Restons.

claimants: Cabot
Defendant: me

particulars of claim

the claimant claims payment of the overdue balance due form the defendant(s) under a contract between the defendant(s) and Vanquis dated on or about Apr 29 2007 and assigned to the claimant on May 18 2015. default balance 446.61

written out the usual CCA/CPR request will post out Monday afternoon recorded and £1 PO to Cabot (maybe that should be payment lol)

the last time I have I heard about this 'alleged' debt was dated 12 august 2015. now ignored it and should've sent them a CCA request before they went for the CCJ, stupid I know but I had a sneaky feeling this was a very very late attempt before SB'd, hence me leaving it.

It appears that more than 8yrs ago I took out a credit card and totalled up a silly amount and hadn't paid or acknowledged anything since.

Now [MENTION=55034]nemesis45[/MENTION] [MENTION=49370]Kati[/MENTION] [MENTION=6]Amethyst[/MENTION] I have requested my credit report to get accurate answers for this and anything else.

I have other personal reasons why I didn't/haven't been able to address these issues but I wont be discussing them on open forum and will only speak to above names upon request

but basically that's where I'm at and I will update as and when this moves on.

thanks guys

[Kati]

Re: cabot vs me...again!

Hi [MENTION=69302]muk74r[/MENTION] ... [MENTION=55034]nemesis45[/MENTION]'s unfortunately away on his holidays this week, but I'm sure you'll get lots of help on this :nod:

Have you acknowledged the claim (you should be able to do this online on MCOL)?
Have you any idea when you last acknowledged/paid anything towards this debt?

K xx

[muk74r]

Re: cabot vs me...again!

Hi [MENTION=49370]Kati[/MENTION] thanks for the reply

Not worry I'm sure others will be able to assist too, I wouldn't have an idea if I'm honest when I first defaulted and paid anything. Ill be more wiser once I get the credit file.

Also, yes all acknowledged etc on the mcol and defending in full etc

Thanks

[muk74r]

Re: cabot vs me...again!

Hi guys

I received this morning the usual from Cabot requiring 12 days for my CCA request, I'm going to plan ahead this time and draft up the defence document, as per another thread.

No word from their solicitors but being Restons and reading these guys are bell ends, I thought it would be good to ask for advice and see what's the best way to proceed with defence if the one floating round here is something they'll dismiss.

Still awaiting my credit file, I done it the cheap way, send a £2 PO to Equifax, so will be able to inform you with accurate default dates etc.

Hope to hear from some one soon, it's been a week since I acknowledged on MCOL, defending in full.

[muk74r]

Re: cabot vs me...again!

good afternoon!

right so where are we....yes that's it Restons have replied to me saying that my signature wasn't on the letter therefore cannot provide me with details etc etc.
also my credit file came through and it shows information that I never knew existed! so maybe was a good time to get it lol....it also shows that I defaulted on 02/2011 which is a little far fetched unless they defaulted me...but saying that I wouldn't and most definitely couldn't have had any response or communications with them or even the original lender at all.
I have uploaded all the letters and the particular entry on my credit file which I will post up for all to see.

so with Restons, am I right in re-writing the letter but this time include a non tamper strip image and sign over that so they cannot try 'lifting' the signature off?

all help would be appreciated.

I intended to defend in full on MCOL on Friday 4th, maybe should've waited till the 10th day but hey ho, so am I right in thinking I have till Friday 18th to send in my defence if I don't get a valid response back from Restons?

[muk74r]

Re: cabot vs me...again!

hi guys

I just found the best thing ever in the entire world and that was the 'anti tamper' signature strip!
guys you are unbelievable! I was chuckling like mad signing it....best thing ever!

[FlamingParrot]

Re: cabot vs me...again!

well this is getting stupid now, I didn't even remember the previous attempt to have a CCJ against me and now Cabot are trying again with Restons.

Was a claim previously issued for this same account?

the claimant claims payment of the overdue balance due form the defendant(s) under a contract between the defendant(s) and Vanquis dated on or about Apr 29 2007 and assigned to the claimant on May 18 2015. default balance 446.61

Just notice this thread as I was off the site last weekend. Unfortunately this is just a a couple of weeks on the wrong side of April 6th 2007 for the purposes of s.127(3) of the CCA. :mmph:

written out the usual CCA/CPR request will post out Monday afternoon recorded and £1 PO to Cabot (maybe that should be payment lol)

the last time I have I heard about this 'alleged' debt was dated 12 august 2015. now ignored it and should've sent them a CCA request before they went for the CCJ, stupid I know but I had a sneaky feeling this was a very very late attempt before SB'd, hence me leaving it.

What was?

It appears that more than 8yrs ago I took out a credit card and totalled up a silly amount and hadn't paid or acknowledged anything since.

For the purposes of SBd, the clock starts to run from your last payment or written acknowledgment, not from when you took out the card. Any idea when your last payment was?

I wouldn't call just over £400 a silly amount, you should see mine! :lol:

Now @nemesis45 @Kati @Amethyst I have requested my credit report to get accurate answers for this and anything else.

I have other personal reasons why I didn't/haven't been able to address these issues but I wont be discussing them on open forum and will only speak to above names upon request

I'm none of the above but then no-one needs to know your personal reasons for not addressing the issues earlier, the important thing is to deal with this claim as opposed to finding out why you didn't deal with the debt before. If you defaulted over six years ago, the default shouldn't be on your credit report and in any case, the default date reported on there has little to do with the time when the clock starts to run.

I received this morning the usual from Cabot requiring 12 days for my CCA request, I'm going to plan ahead this time and draft up the defence document, as per another thread.

The usual from Cabot is to say it will take them 40 days... :mmph:

No word from their solicitors but being Restons and reading these guys are bell ends, I thought it would be good to ask for advice and see what's the best way to proceed with defence if the one floating round here is something they'll dismiss.

The generic defence you must be referring to is suitable when they don't send you any documents which is the norm, in fact Cabot have been discontinuing claims because they can't come up with the goods. ray: ray: ray:

Still awaiting my credit file, I done it the cheap way, send a £2 PO to Equifax, so will be able to inform you with accurate default dates etc.

Hope to hear from some one soon, it's been a week since I acknowledged on MCOL, defending in full.

As above, the default date on your credit file isn't really a positive indication of whether a debt is SBd or not and if the default is more than six years old it won't even be there. On the other hand, many people make token/reduced/DMP payments after defaulting or make written repayment offers so the debt is not SBd even after the default drops off. :ohwell:

[FlamingParrot]

Re: cabot vs me...again!

good afternoon!

right so where are we....yes that's it Restons have replied to me saying that my signature wasn't on the letter therefore cannot provide me with details etc etc.
also my credit file came through and it shows information that I never knew existed! so maybe was a good time to get it lol....it also shows that I defaulted on 02/2011 which is a little far fetched unless they defaulted me...but saying that I wouldn't and most definitely couldn't have had any response or communications with them or even the original lender at all.
I have uploaded all the letters and the particular entry on my credit file which I will post up for all to see.

Afternoon again
As I said on my previous post, the default date recorded on your credit file is no indication of whether a debt is SBd or not and cannot be used in court. If you state that a debt is SBd the burden of proof is on the claimant to establish it isn't. :thumb:

It's not uncommon for debt purchasers to 'update' the default dates on the CRA files which is not correct, the original date should remain for it to drop off after six years. If the date above is incorrect, this is something you could challenge but it's completely separate from the claim and would be purely for the purposes of restoring your credit record to a healthy state without having to wait 18 months. :grin:

Have you any idea when you actually stopped paying this card?

so with Restons, am I right in re-writing the letter but this time include a non tamper strip image and sign over that so they cannot try 'lifting' the signature off?

I just found the best thing ever in the entire world and that was the 'anti tamper' signature strip!
guys you are unbelievable! I was chuckling like mad signing it....best thing ever!

I'm glad we made you happy with that one. :lol: However, bear in mind signature lifting is more of an urban myth than a reality, something that some low end DCA or PDL may have done on the odd occasion but not something a law firm would do. Restons wouldn't risk their SRA authorisation by doing something silly like that and a signature is not even required for a CCA request response to be valid as established in Carey. :ohwell:

I intended to defend in full on MCOL on Friday 4th, maybe should've waited till the 10th day but hey ho, so am I right in thinking I have till Friday 18th to send in my defence if I don't get a valid response back from Restons?

You have a total of 33 days from the date printed on the claim to file a defence, unless Restons agree to an extension under CPR 15.5. :typing:

[muk74r]

Re: cabot vs me...again!

hi [MENTION=37786]FlamingParrot[/MENTION] I was just replying to you lol, thank you for your posts

yes the default date on my credit file did somewhat throw me a little because it was around 3/4yrs prior to that which I actually did stop paying. I don't have a clue when I actually did but I can be definitely sure that it was no later than mid 2008. So therefore I guess I should leave that one for the courts to decide if it truly is or isn't.
My credit file is filled with 3/4 DCA's listed as the debt owing to, which I presume is pretty normal.
Nothing else is recorded on my file with regards to the original lenders whatsoever, just a few accounts that I have and a mobile phone contract that I have which are all current and up to date.
if you check the attachments [MENTION=37786]FlamingParrot[/MENTION] you will see my actualy file and all the dates on it. I don't know if you can make something of it.

so I will prepare the defence document regardless so I don't leave anything to last minute

Also I have redrafted the CPR 31.14 letter with the anti tamper and signed it(mainly because I feel its an absolute gold of a find!!) and I will post that off again. With a bit of luck Restons will cooperate and provide me with all relevant information

Mow I'm not one to back down to my responsibilities nor am I hiding away from these debts with hope that they will vanish, but I wish they could provide me with the actually information I asked for, because I wouldn't mind putting these all to bed and restoring my credit file properly.
but this of course rests on the honesty of the DCA's and anyone representing them.

[muk74r]

Re: cabot vs me...again!

[MENTION=37786]FlamingParrot[/MENTION] do you think I should, along with the CPR request send them a letter about burden of proof on the debt being Stb?

[muk74r]

Re: cabot vs me...again!

I'm glad we made you happy with that one. :lol: However, bear in mind signature lifting is more of an urban myth than a reality, something that some low end DCA or PDL may have done on the odd occasion but not something a law firm would do. Restons wouldn't risk their SRA authorisation by doing something silly like that and a signature is not even required for a CCA request response to be valid as established in Carey. :ohwell:

its this kind of stuff which makes me mad, why reply to me telling me my signature is required when these guys are solicitor's who know damned well that it doesn't matter!! really makes me wanna not care even more so and just play games with them and make them sweat!

maybe I need to pay for this VIP membership and get some help into really sticking it up Restons!

[FlamingParrot]

Re: cabot vs me...again!

yes the default date on my credit file did somewhat throw me a little because it was around 3/4yrs prior to that which I actually did stop paying. I don't have a clue when I actually did but I can be definitely sure that it was no later than mid 2008. So therefore I guess I should leave that one for the courts to decide if it truly is or isn't.

The court won't get involved with the credit reporting side of things, that's something you may consider sorting out with Cabot separately from the claim, asking them to amend the default date which will effectively make the default drop off.

My credit file is filled with 3/4 DCA's listed as the debt owing to, which I presume is pretty normal.
Nothing else is recorded on my file with regards to the original lenders whatsoever, just a few accounts that I have and a mobile phone contract that I have which are all current and up to date.
if you check the attachments @FlamingParrot you will see my actualy file and all the dates on it. I don't know if you can make something of it.

Yes, it clearly shows the start date, default date and end date (presumably same as default date), however, the file only shows the data as it's been entered, it doesn't mean it's correct.

so I will prepare the defence document regardless so I don't leave anything to last minute

Also I have redrafted the CPR 31.14 letter with the anti tamper and signed it(mainly because I feel its an absolute gold of a find!!) and I will post that off again. With a bit of luck Restons will cooperate and provide me with all relevant information

Mow I'm not one to back down to my responsibilities nor am I hiding away from these debts with hope that they will vanish, but I wish they could provide me with the actually information I asked for, because I wouldn't mind putting these all to bed and restoring my credit file properly.
but this of course rests on the honesty of the DCA's and anyone representing them.

Actually, debts do vanish so to speak. The idea is that just because you found yourself in difficulties at some point in your life, it doesn't mean you should have a black mark forever. Even criminal offences are spent and disappear off the record to allow people to rebuild their lives. Defaults should vanish after six years, the problem here is that it appears to have been recorded incorrectly but that's something you should try to get amended.

@FlamingParrot do you think I should, along with the CPR request send them a letter about burden of proof on the debt being Stb?

That will be in your defence where it belongs.

[FlamingParrot]

Re: cabot vs me...again!

its this kind of stuff which makes me mad, why reply to me telling me my signature is required when these guys are solicitor's who know damned well that it doesn't matter!! really makes me wanna not care even more so and just play games with them and make them sweat!

I think you may have misunderstood what I said about the Carey case, I was referring to signature lifting and was saying that it's not essential for a creditor to send you a signed copy of your credit agreement in response to a CCA request, meaning there is no need for them to try and lift a signature in the first place. This is the case in question, it refers to responses to s.78 requests rather than whether you need to sign the request letter: http://legalbeagles.info/carey-v-hsb...#ixzz3lduC4GBE

(1) A creditor can satisfy its duty under s78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself;
(2) The s78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself;
(3) The creditor need not, in complying with s78, provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 as to form, as at the date the agreement was made;

maybe I need to pay for this VIP membership and get some help into really sticking it up Restons!

You don't want to hear how they are often referred to! :lol: :lol: :lol: :grin: :grin: :grin:

[muk74r]

Re: cabot vs me...again!

Ok so a stupid question then, can we ever find out what the original default date was even if Restons or Cabot can't? And if they can't then hopefully it will stb the damn thing I guess. My hope lies with the cpr request I guess

Thanks for your time FP I know it's a Sunday!

[FlamingParrot]

Re: cabot vs me...again!

Ok so a stupid question then, can we ever find out what the original default date was even if Restons or Cabot can't? And if they can't then hopefully it will stb the damn thing I guess. My hope lies with the cpr request I guess

Thanks for your time FP I know it's a Sunday!

Not a stupid question at all! On your CPR request you've asked for a copy of the default notice, however, most banks will say they don't keep copies of them. Some people have been successful ringing the original creditor and asking them for the default and/or last payment date. Failing that, you could send a SAR to Vanquis (not Cabot or Restons as they wouldn't have the historical data). It costs £10 and they have 40 days to respond, which means you wouldn't get it before your defence is due, unless Restons agree to a 28 day extension. However, once you submit your defence, it will be some time before it gets to court and the data would also be useful for the purpose of sorting out your credit files. :thumb:

Cabot and Restons will also have to ask Vanquis for documents and data as debts are sold without paperwork and very few details.