CABOT claim rec'd - renaltmagnummad

**Amethyst** · 28th February 2009, 11:42:AM

Re: advice on dealing with court papers

Hi there xxx

The questions I can't really answer until I know a bit more about the claim against you.

If you could type out the Particulars of Claim from the court papers that would be most useful and any background behind and leading up to the claim.

What type of debt and who is the claimant ?

Well done for getting the Acknowledgement of Service in, means you have 28 days from the date you received the papers now to work on defence/admission.

As much info as poss then we shall be able to advise.

Ame
xx

edit.

Ah ha -

hi have received court papers from cabot financial uk ltd, stating despite the requests for payment the defendant has failed to pay the sum of £3505.76 i have sent the acknowledgment back to the court what is next help please.

merged posts

Okay where is the original debt from and what was it for ?

Have you had a payment arrangement in place for this debt ?

A CCA request would be an idea, as would a SAR, however more info needed first. Also let me know what date the claim was issued.

**renaltmagnummad** · 28th February 2009, 12:04:PM

Re: CABOT claim rec'd - renaltmagnummad

firstly thanks for quick response folks. well here are the brief details.

this all stated in 2001 when i suffered a heart attack and lost my company of 15 years hard slog.

1. particulars of claim.
the claimant is part of the cabot financial
group and has purchased the debt(s)
scheduled below.despites requests for
payment the defendant has failed to pay
the sum of £3505.76 in relation to the
defendant,s
citi financial
citi classic card account numberxxxx,
and the claimant claims :the sum of £3670.76
together wiyh interest under section 69 of the county court act 1984 and costs

hope this hels for now.

**renaltmagnummad** · 28th February 2009, 12:34:PM

Re: CABOT claim rec'd - renaltmagnummad

hi again,
paper work a bit scarce but here we go

1. my last statement i have dated 02/12/2005
2.previous balance £2456.67
3.payments and credits 0.00
4.purhases and debits £25.00
5.interest charges £33.00

6. present balance £2514.67
7.minimum payment £541.94

credit limit £1960.00

4. late payment fee

i have been hassled by cabots and fire with some of the most disturbing letters some of which are similar to ones i have seen in threds the last letter i have was from fire in nov,
2008

again i hope this helps thanks ren.

**Sapphire** · 28th February 2009, 14:55:PM

Re: CABOT claim rec'd - renaltmagnummad

Hiya, I'm sorry you are having trouble with our old friends Cabot, they really are a horrid bunch but never mind we can hopefully put a stop to their antics.

Firstly you need to send them this letter and enclose a £1 postal order. Don''t sign the letter use the signature option in your fonts.

ACCOUNT NUMBER: xxxx
YOUR REF: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

For the sake of clarity, may I also draw your attention to the following:
Consumer Credit Act 1974 s.175
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original signed executed credit agreement
2. FULL Statement of account
3. Copy of the executed deed of assignment from (original creditor) and (DCA)
4. A fair processing notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
I look forward to hearing from you within the statutory time limit.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

It is best to send this request via recorded/special delivery as there are some important deadlines to observe and is good as supporting evidence.

You must allow 2 working days for delivery, but as you have sent it signed you know when they received it.
If they don't sign for it, then the above applies.
They are also allowed 1 working day for "processing", so the clock starts 3 working days after postage, signed for or not.

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with. While in default the DCA cannot take any further enforcement action, but this doesn't stop some of them making more threats.
If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

**renaltmagnummad** · 28th February 2009, 15:41:PM

Re: CABOT claim rec'd - renaltmagnummad

thanks for your reply would this serve as my defence ren.

**LuggerBugs** · 28th February 2009, 16:46:PM

Re: CABOT claim rec'd - renaltmagnummad

It may. Depending on what, if anything, turns up. In any event, I imagine that they will be anticipating you just burying your head in the sand and not even bothering to defend. That's Round one to you then.

On a hopeful note, Cabot don't often involve FIRE (which is Cabot in all but name) unless they have an account that may need a little metaphorical "leg breaking". In other words, they have an account that is potentially going to be unenforcable, and they know it. Perhaps this is very close to being statute barred? You mention having problems in 2001. If that was the last time you made any payment towards this, then it already IS statute barred. Please try to remember. This is potentially the thing that could stop these feckers dead. I see you have a statement from 2005, but were you making any payments at all at that point?

Do you know who is bringing the action on behalf of Cabot? Morgans Solicitors perhaps? Or did this come through from Northampton?

Was this credit card a personal account, or business?

**renaltmagnummad** · 28th February 2009, 17:07:PM

Re: CABOT claim rec'd - renaltmagnummad

hi luggerbugs,

have very little in the way of papers in this case, on the court papers it is northampton court signed by cabot financial (uk) limited claimants solicitors, also it was a personal account.this was issue date 12/02/2009 and up to now all i have done is to acknowledge service i think i need to act quickly but not sure what to do next need some help i think

ren.

**LuggerBugs** · 28th February 2009, 17:17:PM

Re: CABOT claim rec'd - renaltmagnummad

Well, as Sapphire says, you need to find out whether an enforcable agreement is going to turn up or not, hence the CCA request. However, you would be entitled to ask for this in any case, as it may well form the basis of your defence. But the sooner you know if Cabot will be able to produce one in court, the better. Without knowing what Cabot do or don't have, it's difficult to know whether this would be a viable defence.

So I ask again... do you know when you last made any payment at all, or acknowledged in writing that a debt was owed? Being the selfish person that I am, I really am hoping that Cabot is trying to enforce a statute barred debt through court action. Again.

**renaltmagnummad** · 28th February 2009, 18:34:PM

Re: CABOT claim rec'd - renaltmagnummad

hi luggerbugs

on thinking about it there would have been payment in 2005 probably and nothing in writing but i am fairly sure they wont be able to pull up any signed agreement figers crossed what would be my next pal cheers.

ren.

**Amethyst** · 28th February 2009, 18:38:PM

Re: CABOT claim rec'd - renaltmagnummad

If you get the CCA request off then you can put in a holding defence.

What date do you need to have that in by?

**LuggerBugs** · 28th February 2009, 19:09:PM

Re: CABOT claim rec'd - renaltmagnummad

I too have a feeling that an enforcable CCA won't be forthcoming. But it would have been nice if this was SB. Never mind, we'll go with what you get (or not) from Cabot.

I would LOVE to know what percentage of Cabot's attempts at litigation go undefended and therefore go through on default. Way too many in my opinion, whatever the figure.

**renaltmagnummad** · 28th February 2009, 19:14:PM

Re: CABOT claim rec'd - renaltmagnummad

i have to have my defence in by the 11/03/2009.

cheers ren.

**Amethyst** · 28th February 2009, 19:23:PM

Re: CABOT claim rec'd - renaltmagnummad

okay we have time then. Get the CCA off on monday.

Did you acknowlegde online or by post?

alongside that you need to do an income expenditure sheet in case they come back okay and you have to make an offer to pay.

not sure its in the CCA request but ask them for a breakdown of the debt so you can see how its grown by nearly £1k in the last couple years, see if theres anything there to defend.

**LuggerBugs** · 28th February 2009, 19:28:PM

Re: CABOT claim rec'd - renaltmagnummad

Remember, Cabot CANNOT add interest on over and above that of the original agreement.

Let's look at that for a moment. Cabot NEVER have a copy of the original agreement when assignment takes place, irrespective of whether or not that agreement is enforcable.

So the question remains... how on earth do they know what interest rate to apply when they start banging on their own version of that rate?

Yes, I wondered too.

CABOT claim rec'd - renaltmagnummad