Debt collector not providing proof of claim

[warwick65]

Re: Debt collector not providing proof of claim

Just a few points from the above, any limitations will stop as soon as the claim is issued but I am not sure how that stands should your set aside be granted, I think it just goes back to as if a claim has been issued but don’t know if that would be the original date or the date of the setaside


What you need to show right now is that the claim form was issued to the wrong address and you did not have the chance to defend it and also that you have a chance to do so if a set aside is granted.

Your CPR requests would be sent immediately the set aside is won

I would also read by post above

[Diana M]

Re: Debt collector not providing proof of claim

is there anyone who could reply to my previous post please as I need to send off a CCA request and CPR18 0r 31? to their Solicitors?

Not sure which way to jump right now and time is ticking.

If there is currently a CCJ then the Judgment Creditor does not have to comply with a s 77-79 CCA Request nor respond to a CPR 31.14 Request or any Part 18 Questions.

When is the Hearing date and how much is the CCJ?

Although the claim was served at an address where you weren't living you must be prepared for them to argue it was served at your "last known address". The fact that the claim form was returned to the court may not automatically affect what is known as "deemed service".

Is your Application to set aside the claim (so you can enter a Defence) or have you asked the court to strike out the claim once/if the set aside has been successful? There's a difference.

Di

[POLLY777]

Re: Debt collector not providing proof of claim

a lawyer has contacted me as they feel I have a big case so I cannot say anymore on this

sorry x

[Diana M]

Re: Debt collector not providing proof of claim

a lawyer has contacted me as they feel I have a big case so I cannot say anymore on this

sorry x

Which lawyer?

We’re not allowed to contact members of the public direct offering help because that is viewed as ‘touting’ under SRA rules.

I hope you get a successful outcome.

Di

[warwick65]

Re: Debt collector not providing proof of claim

Polly

I have no affiliations to any lawyer but I have had experience of people who describe themselves as lawyers.

One example was a guy called Darren Martin from near Derby who sold himself to Cab as a solicitor and on his website had a picture of him being 'called to the bar' which to a lay person may suggest he was a barrister.

It turns out he had a BA in law from Derby and was not a qualified solicitor or barrister. He didn't even have a right of audience in Any court.

In essence I am saying be careful and make sure they are registered and regulated.

I am sure neither of the firms represented on here would be contacting you by pm as it is against the rules. If it's on another forum I would check with the forum owners.

[ADDLED]

Re: Debt collector not providing proof of claim

a lawyer has contacted me as they feel I have a big case so I cannot say anymore on this

sorry x

Be aware that there may also be a BIG fee... LB help is free and I can personally attest that their assistance is first class; I've successfully defended a large credit card claim based on their advice.

[POLLY777]

Re: Debt collector not providing proof of claim

hello there all and thank you so much for helping and your concern...

I didn't mean to say someone on here - I meant someone a friend put me in touch with as I am extremely stressed about all this and it is making me so ill - I have had a awful lot on my plate over last 2 years - losing 2 members of my family to cancer and now my mum has it ....so I just cant take all this with this cabot company.

I have really tried hard to do research on hear and tried hard to help myself but it seems these companies can act outside the law and get away with it so I am tempted to let this solicitor take it on - he wants £850.00.

I'm not sure which way to jump now - I think I need to think hard over the weekend don't I....

thank you all so much xx

[ADDLED]

Re: Debt collector not providing proof of claim

Hi Polly, I feel for your situation and can only imagine the stress you're under.

Reading back on the posts it seems a little disjointed, most likely because you are so worried, but there do seem to be a few questions that were asked that you havent answered; i.e. the amount of the claim. If you could provide answers it would help them to assist you better.

The LB forum members are a really decent lot, many of them are lawyers and they give their time for free and they could really help you. It's a seemingly daunting task but if you can look at it from a practical rather than emotional perspective, maintain your focus and follow instructions and calmly act on their advice then they can help you.

£850 is quite a chunk of change to part with. Perhaps seek advice from the forum over the weekend and make a decision on Monday.

Best wishes
ADD

[warwick65]

Re: Debt collector not providing proof of claim

Hi Polly

I am sorry to hear of your rather rubbish two years and your Mum's diagnosis. It might not be much help but survival rates are remarkably improved on even a few years ago. I know more people who have survived than who have not - my own mother had a scare with malignant melanoma last year but is fine now

I know it is just another thing to check and add to the stress but what does the money cover and could there be any more to pay- maybe a success fee.

I do understand how it can seem too stressful to deal with yourself - I am in the same boat.

Is this just to deal with the set aside or does it also deal with defending the claim as well. It really is something you need to find out.

Maybe at the same time you could approach other specialist firms such as Di's firm or Pt2527 to see what they would charge

[Diana M]

Re: Debt collector not providing proof of claim

I am extremely stressed about all this and it is making me so ill - . . . I'm not sure which way to jump now - I think I need to think hard over the weekend don't I.... thank you all so much xx

I think you should jump at the chance to get legal advice from a law firm who specialises in consumer credit debt issues.

You have had enough to deal with recently without the distraction and unpleasantness of court proceedings.

I too think your case has potential.

I can’t comment on the amount you’ve been quoted so far without knowing the amount of the CCJ and what work the firm includes in their quote.

Di

[POLLY777]

Re: Debt collector not providing proof of claim

Good morning,

I have been let down by the solicitor at the last minute and he is now saying I need a direct access barrister - must think I'm made of money...

in the meantime - can someone just tell me if cabot are allowed to add interest and charges to the original amount which was defaulted in 2010 - they have added £1000.00 since then!? Am due in court in 10 days...

the default amount was 2800 in 2010 and that was what was on my credit file - and they are demanding 3900 now.

thank you for any help on this.
x

[Diana M]

Re: Debt collector not providing proof of claim

In what way did your solicitor let you down?

Perhaps it was because the firm is not a specialist in Consumer Credit issues because that’s what you need.

Di

[warwick65]

Re: Debt collector not providing proof of claim

Hi
I imagine they are claiming statutory interest at 8% per year and also costs- yes that will push the amount up

I am not sure why they are saying you need to find a barrister - maybe they can't find one. Did you pay the lawyer £800?

[Diana M]

Re: Debt collector not providing proof of claim

can someone just tell me if cabot are allowed to add interest and charges to the original amount which was defaulted in 2010 - they have added £1000.00 since then!? Am due in court in 10 days...

the default amount was 2800 in 2010 and that was what was on my credit file - and they are demanding 3900 now.
x

Have you been receiving the statutory (section 86) Notice of Sums in Arrears every year since the account was defaulted?

Di

[warwick65]

Re: Debt collector not providing proof of claim

Hi Polly

Why not give Diana M a shout, her firm is a reputable consumer credit specialist firm and who knows what Di or Jo may be able to do for you

OF course there are other legal firms available