TRAVELBOI - Cabot/MC - HP with British Credit Trust

[nemesis45]

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

The claimants name as on the claim form.
nem

[travelboi]

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

Ok thabks
have sent recorded delivery the CCA request £1 postal order to Cabot as well as CPR to Mortimer Clarke
guess it's just a waiting game now

[nemesis45]

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

Ok thabks
have sent recorded delivery the CCA request £1 postal order to Cabot as well as CPR to Mortimer Clarke
guess it's just a waiting game now

Cabot may come back with their daft template response saying they need 40 days to get the agreement, this should be ignored as it does not stop the court processes the time scale for the CCA request is 12 + 2 Working Days after which the debt is unenforceable Until the agreement or a compliant reconstituted one is supplied.

nem

[travelboi]

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

Ok great thanks
so the process could stop with the courts until they provide the CCA?
then when they do it goes on....?

[MIKE770]

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

will not stop the courts, but at some point if persist then they will probably discontinue, due to not being able to complete their mission by failure to supply enforceable document

[nemesis45]

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

Ok great thanks
so the process could stop with the courts until they provide the CCA?
then when they do it goes on....?

The CCA 1974 says that a debt cannot be enforced without an agreement it does not stop the claimant from continuing to pursue the debt.

I a claimant does not respond to a defence within the permitted time scale the court will Stay (suspend) the claim. A stay is open ended ant the claimant can pay a fee at anytime to continue the claim.

[travelboi]

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

So in effect all I could be doing is prolonging the CCJ

[nemesis45]

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

The claimant has not provided proof that the debt is enforceable.
The requests for information CCA and CPR31.14 are needed if you intend to defend, you cannot realistically do so if you don't have the documents.

nem

[MIKE770]

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

read other threads and you will see this is all their way of doing business, no enforceable CCA etc no CCJ

They work on the principle frighten defendants and get them to trip up and pay up for something they do not owe us unless proved enforceable, 95% of defendants do not challenge them so they make millions in most cases fraudulently (legally of course).

your fears are showing you the way they hope you go.

[travelboi]

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

Ok so Cabot signed for the letter this am.
so they have 12 days to send the CCA

[MIKE770]

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

12+2

[Diana M]

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

so Cabot signed for the letter this am.
so they have 12 days to send the CCA

Let's hope they don't because then the debt becomes unenforceable in court unless or until they do

Di

[travelboi]

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

So if they don't produce then it remains unenforceable until they do - is there a time limit on that or could they produce them in say 12 months time and then continue the claim

[nemesis45]

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

So if they don't produce then it remains unenforceable until they do - is there a time limit on that or could they produce them in say 12 months time and then continue the claim

If a claimant cannot go forward because of lack of documents once your defence has been ( 28 days from the date the defence is received) the court will stay (suspend) the claim a stay is open ended and the claimant may pay a fee at any time to restart the claim.

nem

[travelboi]

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

Ok thanks

just out of interest - I emailed British credit trust forms statement of account which they have sent to me via email. I have gone through it and there is approximately £1000 worth of charges for 'letters' - £25 a time and some £75, and repossession charges of £238....they never repossessed the vehicle?! Can I do anything about that?