TRAVELBOI - Cabot/MC - HP with British Credit Trust

[nemesis45]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

Hi
Cabot Were not included.
I haven't acknowledged a debt with them since they purchased it in 2013...I have received letters off them just stating please contact us about your account but as far as I was aware I didn't hold an account with them so I ignored Letters.
So is it worth me defending the debt which they have bought off British credit trust or should I just admit to it, and hope they accept entering Into the DMP?
I could defend it and hope they don't have the correct documentation but what are the chances of that? And if they do have the correct documentation can I change my plea and then admit to the debt at a later stage and would they then still accept instalment payment?
Thanks

Be fair to yourself do the CCA request then if it proves to be enforceable you can decide on making an offer.

nem

[travelboi]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

Ok thanks for your help
Once I send the CCA request how long have they to reply?
As I will need to defend around the 20th Feb.
Thanks

[Diana M]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

is it worth me defending the debt which they have bought off British credit trust or should I just admit to it, and hope they accept entering Into the DMP?
I could defend it and hope they don't have the correct documentation but what are the chances of that? And if they do have the correct documentation can I change my plea and then admit to the debt at a later stage and would they then still accept instalment payment?

I'm bound to say that it's always worth defending a claim but you don't have to make that decision yet. Wait to see how things pan out.

Someone on the forum will guide you through the initial steps with links to the letters they'll suggest you send.

Since the value of the claim is less than £10k this case is likely to be allocated to the Small Claims Track where neither party pays the other side's legal costs regardless of whether they win or lose (unless they've behaved unreasonably). The debt won't get any bigger unless they're adding daily interest.

You ought to be offered free telephone Mediation by the court if you want to settle. This is only available after you have filed a Defence and if the other side agree to mediate too (they usually do). If you reach an agreement at Mediation it is not a CCJ although it is legally binding. Unless you breach that settlement you need not fear bailiffs, a Charging Order or an Attachment of Earnings.

So why not do what needs to be done with request letters and see what comes back before deciding to throw in the towel.

You'll also get help from the forum on how to prepare your Defence.

Di

[nemesis45]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

Ok thanks for your help
Once I send the CCA request how long have they to reply?
As I will need to defend around the 20th Feb.
Thanks

Hi,

They have 12 + 2 working days to comply so send by signed for post to Cabot + £1 fee. Non compliance renders the debt unenforceable Until the agreements can be produced.

Also send MC the CPR 31.14 request which has a 7 days timescale,

nem

[Diana M]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

Once I send the CCA request how long have they to reply?
As I will need to defend around the 20th Feb.

What is the claim Issue Date (top right hand corner of the front page of the summons)?

You have 33 days from that date to your Defence deadline. The Defence is not filed until close to that date in case new information comes to light. People often worry when the Claimant hasn't complied with the s.77-79 CCA Request by the time they need to do their Defence, when actually it's a good thing if they haven't because that becomes your Defence (non compliance with CCA Request).

You've said that this may have been HP which may fall under s.79 so that needs to be clarified before you send that request letter. Or to be safe you can put s.77-79 on the letter because the Claimant (Cabot) may not know what the debt was originally. Don't give them any clues

Post/type up the Particulars of Claim so someone can guide you on what you need to put in your CPR 31.14 Request letter.

Di

[travelboi]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

And it was definitely HP agreement

[travelboi]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

Also, with the CPR I just request the agreement as that is all it says in the particulars of claim?
it doesn't mention anything about default or assignment
Thanks

[travelboi]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

Also who do I make the postal order payable to?
cabot?

[nemesis45]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

Also, with the CPR I just request the agreement as that is all it says in the particulars of claim?
it doesn't mention anything about default or assignment
Thanks

If there's no other document mentioned other than the agreement that's all you can request.

Please type in the POC word for word just to be sure there's nothing useful.

nem

[travelboi]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

"By an agreement between BRITISH CREDIT TRUST & the Defendant on ir around 24/01/2007 ('the agreement') BRITISH CREDIT TRUST agreed to loan the Defendant monies. The Defendant did not pay the installments as they fell due & the Agreement was terminated. The agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 3686.86

[travelboi]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

Also do I send both MC & Cabot the CPR request or just MC?

[nemesis45]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

"By an agreement between BRITISH CREDIT TRUST & the Defendant on ir around 24/01/2007 ('the agreement') BRITISH CREDIT TRUST agreed to loan the Defendant monies. The Defendant did not pay the installments as they fell due & the Agreement was terminated. The agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 3686.86

You can ask for the termination notice and the notice of assignment + the agreement the claimant has to show that the " events" took place.

- - - Updated - - -

Also do I send both MC & Cabot the CPR request or just MC?

CCA to claimant CPR to MC.

nem

[travelboi]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

Thanks so much

[nemesis45]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

Thanks so much

Keep us up to date please.
For reference you can find specimen defences in the green box as well.

nem

[travelboi]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

I will do thanks
do you know who I make postal order to?
is it Cabot financial UK ltd or do I leave it Blank