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Cabot threatening court

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  • Cabot threatening court

    Hello, can someone help please. Cabot are chasing me for an alleged credit card debt. They say the account was opened in July 2006 and defaulted in October 2015. I disputed this and wrote asking them for a copy of the original credit agreement ( I didn't send 1, should I have done?) Along with any statements etc and a notice of assignment. It went to their dispute department apparently and a lady wrote back saying that she had requested the info from the OC and would send it as soon as she received it. I then received another letter saying she was happy to inform me she had received my original credit agreement, statements and NoA and would forward them to me. I received copies of card statements from 2009 to 2015 but they could have been anyone's. They had my name and address printed on the first sheet. I received a copy of a notice of assignment saying Cabot Financial (UK) had acquired my debt from Lloyds but my name is not on the assignment. They said they had given permission to Cabot Credit Management to deal with me regarding this matter. I have since found out that Cabot Financial UK are not registered with the FCA but Cabot Credit Management are. I was also informed I last made a payment on the account in January of 2007 but did not send proof of this. Therefore they think this proves the debt is mine even though I did not receive a copy of a signed Credit agreement. I did receive a set of Lloyds terms & conditions for a credit card with my name and address printed at the top from them also. I ignored them as they hadn't sent a copy of the original credit agreement but are now threatening court action if I don't respond within 1 month. They ring me constantly, every day and I continue to not answer. Should I send a DSAR request and also should I point out that Cabot Financial (uk) who acquired my debt are not covered by the FCA. Also do I need to request the deed of assignment in my DSAR request? Is there anything else I can do to get rid of this set of clowns please. I had brain surgery 6 weeks ago and have 2 brain aneurysms and this company are making me ill. Thankyou for any advice you can offer
    Tags: None

  • #2
    Sorry that should say last made a payment on the account January 2017 NOT 2007

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    • #3
      send CCA request with a 1 now, send proof posting and keep copies of all on file

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      • #4
        pre 2007 CCAs must be a true copy in court. by the way.

        Comment


        • #5
          Thankyou so much for replying. I'll do that straight away. I had no idea about the pre 2007 needing to be true copies so that has taken a lot off my mind. My dad died March 2006 and I didn't function much afterwards. They say I took out this card in July 2006 but I know what a mess I was in at the time and cannot remember taking this out at all. Once again thankyou

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          SHORTCUTS

          Pre-Action Letters
          First Steps
          Check dates
          Income/Expenditure
          Acknowledge Claim
          CCA Request
          CPR 31.14 Request
          Subject Access Request Letter
          Example Defence
          Set Aside Application
          Witness Statements
          Directions Questionnaire
          Statute Barred Letter



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          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

          Defend Claim - within 28 days from Service (IF you acknowledged in time)

          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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