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Cabot Financial

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  • Cabot Financial

    Hi, I've stumbled across this website tonight because I am in court (Scotland) tomorrow for a hearing against Cabot Financial. They are chasing me for a debt of 2 separate credit cards from NewDay. I have requested all the info from their solicitors, I only recieved a notice of assignment and 1 Cabot letter welcoming me as a customer. No default, no deed of assignment. I am not that confident about what to say in court, my main defence is that I did not enter in to any agreements with Cabot, I am not familiar with courts though and don't know what to say or avoid saying. For example I would love to point out that the company are basically scammers who prey on vunerable people, I would love to mention that it's widely known that they only pay about 10% of the debt to buy it and then chase you for the full amount, am I allowed to say this??

    Are there any circumstances that I could actually win?

    Also - if I lose then what is likely to happen next?

    I'm looking for tips on what to say and how to act.

    I have not a clue what I'm walking in to tomorrow, I don't think these debt companies scare me any more though, I have the letter from the court with the hearing date, my defence and the correspondence from Cabot's solicitor, is there anything else I need?
    I'm really praying that someone reads this and can offer a little help or support, I'm worried about messing it up*


    Thanks for listening*
    *
    Tags: None

  • #2
    I have to go in a few hours, any advice is appreciated

    Comment


    • #3
      Did you ask for a copy of the agreement under the consumer credit act s78 and did they provide it ?

      Newday can assign debt to Cabot ( or other debt purchasers) - sadly although a bit annoying it isn't really relevant how much they pay for the account and accusing them of being scammers won't help you in court. You can say you haven't *received notice of assignment or evidence of such from the original creditor ( Newday) ... possibly that you aren't sure what the debt is ( Newday do a Number of different branded credit cards and credit store accounts )

      Dont know any of the background but raise the lack of the agreement and terms, no breakdown of the amount owed and how it's been calculated - if you don't recall signing an agreement or applying for credit say that, that you haven't received a default notice and weren't given opportunity before the claim to work out of the claimed amount was legitimate ..


      Have you entered any argument / defence to court ? If so what ? *or is this the return date so you're just trying to show you have a valid dispute over the claim and should be allowed to obtain the information to consider your position regards defending the claim.

      also how much is the claim for ?
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        I can definitely assist you with this if you can let me know first of all what happened today? Is it a simple procedure case?

        Comment

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        SHORTCUTS


        First Steps
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        Income/Expenditure
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        Subject Access Request Letter
        Example Defence
        Set Aside Application
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        Acknowledge Claim - within 14 days from Service

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        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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