Cabot Financial (uk) Ltd vs Zingers

[Kati]

Re: Cabot Financial (uk) Ltd vs Zingers

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: Cabot Financial (uk) Ltd vs Zingers

Had a reply from Cabot today dated 19 July

Dear Zingers

RE: Hitachi Nova Retail Credit - XXXXXXXXX- £4585.42

Thank you for your request from information under sections 77-79 of the consumer credit act 1974

We Currently do not have this information on file. However, I have requested the relevant details, which will include a copy of the credit agreement, statement of account and original varied terms and conditions from the original lender. In the meantime, I would like to inform you that your account shall remain on hold with the customer care department until such time we can comply with your request.

Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in court. However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore I would recommend you contact us as soon as possible to set up a repayment arrangement or continue with your existing payment plan.

The letter then goes to tell me if I want to know more about my consumer rights to contact citzens advice etc, and debt advice contact details.

Do I need to do anything at the moment? I also notice the amount has increased significantly again

Thanks again for your time

Hi standard reply, you are not obliged to do anything they say at this time.
Just watch for any court papers and make sure you comply within set timescales.

nem

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

Hello

Just a quick update regarding this. I have had no further letters from anyone whatsoever and checking mcol today it still just shows last item being my defence on the 7th July. Is this normal?

thanks

[nemesis45]

Re: Cabot Financial (uk) Ltd vs Zingers

Hello

Just a quick update regarding this. I have had no further letters from anyone whatsoever and checking mcol today it still just shows last item being my defence on the 7th July. Is this normal?

thanks

Hi,

The claimant has/had 28 days from the date they received the defence from the court + 5 days for service so 33 days in total.

Keep checking with the court if you hear nothing from the court or the claimant.

nem

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

Hi

Until today I had not heard a thing at all then suddenly a letter from Wright Hassall dated 17th November arrives today (18th November) including a badly photocopied agreement and a typed up statement

Dear Zingers

Cabot Financial (UK) V Zingers
Claim Number:

We continue to act for the claimant in the above matter

Please fine enclosed a copy of the agreement for your Hitachi Nova Retail Credit account no: xxxxxxxx, and annual statement covering the period 5 Nov 2009 - 26th July 2016

In light of the above documents, and in absence of any documentation to support your allegation that the account was cancelled prior to the commencement of these proceedings, your defence is without merit, further , your section 77 consumer credit act 1974 request for information has now been fulfilled, and the claimant therefore be entitled to pursue this claim and if judgment is awarded by the court our client may commence enforcement action against you if necessary to recover the sums owed to it.

Please contact us by 21 November 2016 to discuss repayment of the sum claimed. If we doe not hear from you by this date, we will apply to the court to life (spelling mistake?) the stay current imposed in this matter and request the court allocate the mater for final hearing. Please note this will incur further costs for with you may be liable.

We look forward to hearing from you in due course

Your sincerely

Tim Hawker
Head of Debt Recovery Operations
Wright Hassall LLP
Direct Tel No and an email address

Not sure what to do now been such a long time and checking mcol it still shows as last entry was my defence on the 7th July

Help please

[nemesis45]

Re: Cabot Financial (uk) Ltd vs Zingers

Hi

Until today I had not heard a thing at all then suddenly a letter from Wright Hassall dated 17th November arrives today (18th November) including a badly photocopied agreement and a typed up statement

Dear Zingers

Cabot Financial (UK) V Zingers
Claim Number:

We continue to act for the claimant in the above matter

Please fine enclosed a copy of the agreement for your Hitachi Nova Retail Credit account no: xxxxxxxx, and annual statement covering the period 5 Nov 2009 - 26th July 2016

In light of the above documents, and in absence of any documentation to support your allegation that the account was cancelled prior to the commencement of these proceedings, your defence is without merit, further , your section 77 consumer credit act 1974 request for information has now been fulfilled, and the claimant therefore be entitled to pursue this claim and if judgment is awarded by the court our client may commence enforcement action against you if necessary to recover the sums owed to it.

Please contact us by 21 November 2016 to discuss repayment of the sum claimed. If we doe not hear from you by this date, we will apply to the court to life (spelling mistake?) the stay current imposed in this matter and request the court allocate the mater for final hearing. Please note this will incur further costs for with you may be liable.

We look forward to hearing from you in due course

Your sincerely

Tim Hawker
Head of Debt Recovery Operations
Wright Hassall LLP
Direct Tel No and an email address

Not sure what to do now been such a long time and checking mcol it still shows as last entry was my defence on the 7th July

Help please

Hi,

Please post a copy of the agreement after removing names and addresses.

nem

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

Hi

Done the best I can (dont own a scanner so phone had to do) bottom of the agreement is missing but that is a direct debit section

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

Hello

What are my next steps to be taken? Appreciate any advice

thanks

[Amethyst]

Re: Cabot Financial (uk) Ltd vs Zingers

That seems to be quite a concise credit agreement - all the main terms appear to be on there HOWEVER it refers (under the default charges section) to paragraphs of terms and conditions clauses 2c, 7 & 8b - and presumably they are separate or were on the reverse - have they sent you a copy of those along with this page ?

Also any copy default notice or assignment notice?


( picture quality is good btw no worries there at all !)

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

Hi

No only the photo copy of the front, on the reverse (just noticed it) is a customer satisfaction note showing that I signed the windows off as completed and satisfactory on the 12/10/09 looks like my signature but I never signed anything of the sort. As previously mentioned the window company harassed my wife about signing them off whenever I was at work.

The rest of the letter is an annual statement dated 26th July 2016 which until this letter I never even received

[Amethyst]

Re: Cabot Financial (uk) Ltd vs Zingers

hmmm okay - they wouldn't have got your wife to sign your signature would they?

I think I would be inclined to respond and tell them the agreement isn't complete and as such non-compliant ( don't point out why ) , a reminder that you are awaiting the documents requested under CPR 31.14, and remind them that regardless your defence stands and you intend to defend the claim in full.

I think actually as well as doing that I'd be inclined to send a subject access request to the Double Glazing Company and to Hitachi - might bring something up relating to you original complaint which would assist if they followed through on their threat to apply to lift the stay - and might even give you better ammo to apply to strike their claim out.

[Zingers]

Re: Cabot Financial (uk) Ltd vs Zingers

Thank you for the advice of how to respond. However the response is required by tomorrow (unfair response time considering I didn't see it until late Friday night) how other than ringing them can I do this? Surely I need to send a letter?