Cabot vs Jenyo

[jenyo]

Hi all.

To start with I am posting this very late as I have been in a dire situation at home with poorly Children and Partner leaving me extremely exhausted.

How things have progressed:

- 22nd August 2017 - Received letter from Cabot informing me they was passing it into to their solicitors and would hear from them in the next few days.
- 20th September 2017 - Received Court claim from Restons Solicitors dated 15th September 2017.

Particulars of claim:

The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Aqua Mastercard dated on or about Sep 29 2014 and assigned to the Claimant on Apr 19 2017.

- From this point I looked around and found out about sending for CCA to Cabot and CPR 31.14 to Restons with the little left time I had so as follows.

- 25th September 2017 - Acknowledged service on MCOL.
- 25th September 2017 - Sent CCA to Cabot With £1 postal order and recorded delivery.
- 25th September 2017 - Sent CPR 31.14 to Restons requesting contract and assignment mentioned in claim.(Due to head being in wrong place forgot to Add the copy of CCA to Cabot) Recorded delivery.
- 26th September 2017 - Sent follow up to Restons with the Copy of CCA to Cabot enclosed. Recorded delivery
- 26th September 2017 - Checked tracking on letters - Cabot signed for at 7.42am - Restons first still in system.

Due to being exhausted with everything happening at home i just couldn't do much until now. I know i have wasted a lot of time in help by not posting sooner but I really couldn't handle anything .

- 03/10/2017 - Checked for status of Restons letters on tracking. First still in system so not delivered as yet. Second letter forwarding the copy of the CCA to them received on the 27th Sept 2017.

As of now i have had nothing from Cabot or Restons. I am going to Send another copy of the CPR 31.14 to Restons, before end of post today with them not getting the first one properly. I know this does not leave much time as the 28 days are up on the 13th October 2017

Thanks for any help you can provide at this late time in the process.

Jenyo

[nemesis45]

Re: Cabot vs Jenyo

Hi all.

To start with I am posting this very late as I have been in a dire situation at home with poorly Children and Partner leaving me extremely exhausted.

How things have progressed:

- 22nd August 2017 - Received letter from Cabot informing me they was passing it into to their solicitors and would hear from them in the next few days.
- 20th September 2017 - Received Court claim from Restons Solicitors dated 15th September 2017.

Particulars of claim:

The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Aqua Mastercard dated on or about Sep 29 2014 and assigned to the Claimant on Apr 19 2017.

- From this point I looked around and found out about sending for CCA to Cabot and CPR 31.14 to Restons with the little left time I had so as follows.

- 25th September 2017 - Acknowledged service on MCOL.
- 25th September 2017 - Sent CCA to Cabot With £1 postal order and recorded delivery.
- 25th September 2017 - Sent CPR 31.14 to Restons requesting contract and assignment mentioned in claim.(Due to head being in wrong place forgot to Add the copy of CCA to Cabot) Recorded delivery.
- 26th September 2017 - Sent follow up to Restons with the Copy of CCA to Cabot enclosed. Recorded delivery
- 26th September 2017 - Checked tracking on letters - Cabot signed for at 7.42am - Restons first still in system.

Due to being exhausted with everything happening at home i just couldn't do much until now. I know i have wasted a lot of time in help by not posting sooner but I really couldn't handle anything .

- 03/10/2017 - Checked for status of Restons letters on tracking. First still in system so not delivered as yet. Second letter forwarding the copy of the CCA to them received on the 27th Sept 2017.

As of now i have had nothing from Cabot or Restons. I am going to Send another copy of the CPR 31.14 to Restons, before end of post today with them not getting the first one properly. I know this does not leave much time as the 28 days are up on the 13th October 2017

Thanks for any help you can provide at this late time in the process.

Jenyo

Hello Jenyo, welcome to LB.

So far you are right on track!!

Cabot has 12 + 2 Working days to comply with the CCA request, I would expect some form of acknowledgment, most likely that the matter is on hold while they get the agreement from the original creditor.

Restons usual ploy is a missive regarding CPR 31.14 not being applicable to small claims and telling you to refer to your own records . (come back and tell us what you get in reply.


Please now give us the history of the debt.

The amount.

When did payments cease.

What is the default date ( just for guidance the default date on your credit files.

[jenyo]

Re: Cabot vs Jenyo

Thanks for your reply nemesis45, I will give as much Info as I can.

The Debt is for a Aqua Credit card.

Amount owed is: £1016.45 but £1166.45 with court and solicitors fees

Last payment was on 22nd July 2016 (Checked bank Statements).

Default I have no Idea of default date. Checked on ClearScore but the Account is down as Cabot and not Aqua. It does not state a Default date and also states payments where made up until Feb 2017 which is not correct.

I have no Idea if Aqua had sent a default as my Partner has been struggling with a severe gambling addiction for a long while, So anything that looked like a debt letter got shredded by him straight after it fell through the letter Box. Thankfully this has started to be sorted now with Self exclusions in place for many years.

jenyo

[Guest]

Re: Cabot vs Jenyo

Thanks for your reply nemesis45, I will give as much Info as I can.

The Debt is for a Aqua Credit card.

Amount owed is: £1016.45 but £1166.45 with court and solicitors fees

Last payment was on 22nd July 2016 (Checked bank Statements).

Default I have no Idea of default date. Checked on ClearScore but the Account is down as Cabot and not Aqua. It does not state a Default date and also states payments where made up until Feb 2017 which is not correct.

I have no Idea if Aqua had sent a default as my Partner has been struggling with a severe gambling addiction for a long while, So anything that looked like a debt letter got shredded by him straight after it fell through the letter Box. Thankfully this has started to be sorted now with Self exclusions in place for many years.

jenyo

What a lot of posters don't understand is that debt purchasers like Cabot only get minimal information from the OP. Hence they need to get further details as the case progresses, that is unless the get a summary judgement.

[Diana M]

Re: Cabot vs Jenyo

Why not send a Subject Access Request to the original creditor (Aqua) so you get the true history of the account.

Is the Claimant named as Cabot Financial (Europe) Ltd or Cabot Financial (UK) Ltd ?

Di

[jenyo]

Re: Cabot vs Jenyo

Yeah I think I will send a Subject Access Request when i figure how to do that part is there a template on the site?(found it .) Thanks Diana M

Claimant is: Cabot Financial (UK) Ltd

jenyo

[jenyo]

Re: Cabot vs Jenyo

Just had this reply from Restons.

I asked for the Contract and Assignment mentioned in the particulars of claim.

Also had another from them stating that there client is dealing with the CCA request and the matter is on hold in the interim and they will revert back to me in due course.

[nemesis45]

Re: Cabot vs Jenyo

Just had this reply from Restons.

I asked for the Contract and Assignment mentioned in the particulars of claim.

Also had another from them stating that there client is dealing with the CCA request and the matter is on hold in the interim and they will revert back to me in due course.

Hi
Standard Restons reply,

You can chase Restons if you wish for the agreement and notice of assignment, reminding them that CPR31.14 still applies to the claim as it has not yet been allocated to a track.

nem

[Diana M]

Re: Cabot vs Jenyo

Just had this reply from Restons.

I asked for the Contract and Assignment mentioned in the particulars of claim.

Also had another from them stating that there client is dealing with the CCA request and the matter is on hold in the interim and they will revert back to me in due course.

I wouldn't chase Restons solicitors for any documents because ideally you don't want them to be produced.

Even though Restons have told you the matter is "on hold" as far as they're concerned, you still need to keep to the court timetable which requires you to file your Defence within 33 days of the claim Issue Date.

If the documents haven't been produced by that date then you'll be including the Claimant's non compliance with your s 77-79 CCA Request in your Defence.

Di

[MIKE770]

Re: Cabot vs Jenyo

Subject Access Request Letter

[jenyo]

Re: Cabot vs Jenyo

Thank you for your replies.

Just sent the SAR off this morning to Aqua. Will keep you updated if I get anything else in the next couple of days. Then I will probably need help from there if that is OK with the Defence etc..

Just to clarify Claim on the 15/09/2017 so have until the 18/10/2017 for defence/Whatever else to be filed.

jenyo

[charitynjw]

Re: Cabot vs Jenyo

Just to clarify Claim on the 15/09/2017 so have until the 18/10/2017 for defence/Whatever else to be filed.

Yep!