Cabot Financial - RE Aqua New Day Court Claim

[mrmonkey]

Do you think this is acceptable?

[mrmonkey]

The reason of this way is it seems to see what correct paperwork they hold, as reading into things if aqua served no default notice and it is only marked as default after 10 days of cabot recieving it then how can Aqua pass it on to a debt collection agency and how can it be took to court, i see about the s140A Consumer Credit Act, whoch i coul add to my defense anyway but with her only making a couple of calls and then probably ignoring them i think it would be harder, if they dont have the correct paper work i am thinking this would be easier.This is what i found out and was wondering if this applies ie the fact no default notice was serverd. A default notice has the following text at the top in large or bold letters:

• 'Important you should read this carefully'
• 'Default notice served under section 87(1) Consumer Credit Act 1974'

The default notice will also give you the following information:

• How much you need to pay to bring your account back up to date
• The deadline to make this payment – you must get at least 14 days to do this

An information sheet from the Financial Conduct Authority will be enclosed with the default notice recommending you get free debt help, from us or another charity.
A default notice will suggest you contact a solicitor or Trading Standards for help. You don’t need to do this. The wording of default notices was set in a 1983 law, before free debt help from charities like us was widely available.








What happens after an account defaults?

Your creditor will ask you to pay the full amount of the debt instead of paying the instalments you first agreed. You can offer to pay in instalments at a rate you can afford, but your creditor may not agree to this.
Your creditor can also take further action after the account has defaulted, including:

• Passing the debt to a collection agency
• Taking court action
• Applying to a court to take back a vehicle or other goods, if the debt was hire purchase

If the debt is regulated by the Consumer Credit Act, your creditor can't take any of these actions unless the account has defaulted.
Your creditor will also register the default with one or more of the credit reference agencies.

[mrmonkey]

Would you think this is correct Amethyst , would like to send today.

[Amethyst]

I'll have a look a little later xx

[mrmonkey]

Thank you very Much.

[mrmonkey]

Hi Amethyst sorry if i appear to be mithering, i appreciate you help a lot of people, but i recieved a notification of a response from you last night around 6pm but there doesn't seem to be anything here.

[Amethyst]

Apologies, not sure what happened there - I'll have a read back xx

[Amethyst]

Right.

On the credit file issue - if you look at it again then the date Cabot started reporting it to the CRA's will be different to the actual date of default.

Credit Karma for example on one of my old settled defaulted accounts shows;


You can see reporting started Oct 2016 but the default date was June 2015.

So check those bits out, the original date of default should be earlier than the date you start seeing the markers from reporting from Cabot.

[Amethyst]

So to the Part 18 request needs to be questions rather than requests for copies of documents. So something like this maybe ….



Address
Address
Address

Date 2019

Address
Address
Address

Dear Sirs,

Ref: Claim xxxxxx - Cabot Financial v MrMonkey


IN THE NORTHAMPTON COUNTY COURT BUSINESS CENTRE
Claim No. xxxxx
BETWEEN:

Cabot Financial
Claimant

and


MrMonkey
Defendant
Further information pursuant to the request of the defendant under CPR part 18

You are requested to provide the following clarification or information under CPR Part 18 and the Part 18 Practice Direction by (date):

On what date was the notice of assignment issued ?

On what date was the account terminated ?

What were the minimum payments due ?

What minimum payments were unpaid ?

Was a Default Notice issued by New Day Ltd ?

If so, on what date was the default notice issued ?

What was the remedy date on the Default Notice ?

What was the remedy amount on the Default Notice ?

( and any other questions)


TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU AND IN ANY EVENT BY 4pm ON DATE.

A Statement of truth is to be completed by the Responding Party when responding to this request.


Sincerely,

Mr Monkey

[mrmonkey]

Apologies, not sure what happened there - I'll have a read back xx

sry wrong reply .

[mrmonkey]

Right.

On the credit file issue - if you look at it again then the date Cabot started reporting it to the CRA's will be different to the actual date of default.

Credit Karma for example on one of my old settled defaulted accounts shows;


You can see reporting started Oct 2016 but the default date was June 2015.

So check those bits out, the original date of default should be earlier than the date you start seeing the markers from reporting from Cabot.

Hi thanks for your replys as you can see from my earlier post it defaulted the 11/2018, I have done a little digging through some letters, the actual debt was signed over/transfered to cabot the 5 days earlier then the default date.

thank you also for the letter template i appreciate your responses.

[mrmonkey]

Amethyst On Letter you have put

"You are requested to provide the following clarification or information under CPR Part 18 and the Part 18 Practice Direction by (date):"
&
"TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU AND IN ANY EVENT BY 4pm ON DATE."

Do i enter a date? or is that just saying the date is 14 days from when they get it, ie served on them?

thanks.

[Amethyst]

Put the date you put in the first sentence - which should be 7 or 14 days plus a couple days to allow for service from
the date of the letter.

[mrmonkey]

ok so recieved evberything requested in the part 18 today i mean everything, not sure whether to still try and file defence and hope an agreement can be set up via mediation as to not get a ccj or is there something else i can do, would uit be worth trying to set up an agreement with the solicitor i don't know what to do now.

[Amethyst]

Do you have a copy of the default notice ?

What notices of assignment have they sent ?

What are their answers to the questions?

On what date was the notice of assignment issued ?

On what date was the account terminated ?

What were the minimum payments due ?

What minimum payments were unpaid ?

Was a Default Notice issued by New Day Ltd ?

If so, on what date was the default notice issued ?

What was the remedy date on the Default Notice ?

What was the remedy amount on the Default Notice ?

Original agreement and terms copy ?

the actual debt was signed over/transfered to cabot the 5 days earlier then the default date

Is that still the case?

You can negotiate at Mediation for monthly payments or negotiate settlement prior to Mediation if you think your defence has fallen away.