Cabot/ Claims form

[jules1967]

I have just received a claims form pack from Cabot stating court costs and solicitor fees about a debt outstanding of around £600 of which I have no paperwork and although I know I did have loans from them was not aware I still owed them money (I paid them through a debt agency - yuk) it says that I have to either, accept and pay, part accept, propose payment. However it is in my maiden name of over 5 years ago and I ma not sure how they have got my new address as it was listed at my parents address. Should I reply and ask for the legal papers that are signed about this debt and details of how they have it or just own up and suggest payments - I am still in debt overdraft to hilt, credit card, catalogue but I am managing to pay but my house is in joint names and my husband will not be amused to say the least if any trouble/debt collectors come to the door - would this happen?

I have 14 days to respond and was thinking about getting them to address correspondence to my parents address to get them off the scent f where I live now as I believe they are clutching at straws, was even thinking about sending back and saying not at this address? the debt is off initially about eight years ago and last payments where probably 4 years+ ago through debt agency.

Any help/advice would be apprecitated

[Amethyst]

Re: Cabot/ Claims form

Can you post the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim, and who the original creditor is/was... is it a loan / credit card / overdraft etc, also when the account was opened ?

What debt agency did you use?


Then
Basic first Steps to take on receipt of a Consumer Credit Court Claim

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

[jules1967]

Re: Cabot/ Claims form

Can you post the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim, and who the original creditor is/was... is it a loan / credit card / overdraft etc, also when the account was opened ?

What debt agency did you use?



Basic first Steps to take on receipt of a Consumer Credit Court Claim


1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

date of issue is: 10 July 2014
date of service: 16 July 2014

Welcome Finance - Amount claimed: £636.46
Court fee £60.00
Solicitors costs £70.00
Total £766.46

this was then paid through Churchwood Financial
it says by agreement between Welcome Finance and defendant on or around 18/04/2007 (the agreement) greed to the loan under t&c the agreement was assigned to the claimant on 25/06/2013.

it was a loan that had been taken out about 8/9 years ago - I got an initial loan then that was paid and increased twice I think ive got no paperwork and my memory is sketchy as had bad time at that period

[Amethyst]

Re: Cabot/ Claims form

date of issue is: 10 July 2014
date of service: 16 July 2014

Welcome Finance - Amount claimed: £636.46
Court fee £60.00
Solicitors costs £70.00
Total £766.46

this was then paid through Churchwood Financial
it says by agreement between Welcome Finance and defendant on or around 18/04/2007 (the agreement) greed to the loan under t&c the agreement was assigned to the claimant on 25/06/2013.

it was a loan that had been taken out about 8/9 years ago - I got an initial loan then that was paid and increased twice I think ive got no paperwork and my memory is sketchy as had bad time at that period

That's fine So send the CPR request asking for the agreement, terms and assignment to the claimant solicitors. You can't include the termination or default notice as they aren't mentioned in the POC.

Send the CCA direct to Cabot as they are the creditor.

So defence date will be around 16th August.

[jules1967]

Re: Cabot/ Claims form

What does defence date mean? is this when I have to reply by? What does POC mean? sorry not too good at this - just to clarify, I have to defo respond to them? Will I respond in maiden name as they have used this to contact me and was true at time of loan etc? Just a bit worried if my hubster gets wind of this? Thank you soo much for advice I feel bit better

[Amethyst]

Re: Cabot/ Claims form

Hiya, That's okay my fault xxx

Defence date is the date you have to respond to the court by, once you have put your acknowledgement of service in saying you intend to defend in full.

POC = Particulars of Claim - or the wording on the claim form.

Its likely there will be a few letters arriving for you from the court, the claimants and the creditor. So it would be easier if you had a chat with your hubby about the situation and tell him you are on here.

The letters you are sending off simply ensure the claimants have the right to claim the debt from you and the creditor had all their paperwork in order.

If they come back to you with any letters/documents then post them up on here.

Otherwise when it comes towards your defence date we can review things and sort out whether to make an application for disclosure of the documents or enter a defence to the claim. If they come up with all of the relevant documents and they are all compliant you will be able to negotiate directly at that point and come to an installment agreement, hopefully by a consent order, thus avoiding a CCJ.

[Kafka]

Re: Cabot/ Claims form

If it was me I would also send a Subject Access Request to Welcome (with £10 fee) to obtain copies of all the personal data they hold on you. They have 40 days to respond to that - so it may come too late - but it's worth a shot as the defence date may yet get extended beyond the 28 days if Cabot can't supply the data you will be requesting. They can only get that from Welcome anyway and will have to ask them for it.

The SAR will also show you statements, and typically Welcome add on various bogus 'fees' as well as charges, none of which actually form part of any legitimate debt. The SAR will help you to challenge the claim usually, and it will also supply data for a possible counter claim to reduce the amount owed if they win.

[jules1967]

Re: Cabot/ Claims form

Do I have to send anything to the court I have done the CPR and CCA. Do I need to do that online thing also will I send a postal order for the £1 as I am scared they get my bank details and try to take monies from it?

[jules1967]

Re: Cabot/ Claims form

I am not sure about any details of Welcome as the office they had is no longer there and I have no paperwork and my memory is not too good about the situation which makes me not so confident to address them?

[Kafka]

Re: Cabot/ Claims form

Do I have to send anything to the court I have done the CPR and CCA. Do I need to do that online thing also will I send a postal order for the £1 as I am scared they get my bank details and try to take monies from it?

All you do for the court at this time is to acknowledge service as said above, and that automatically extends the deadline for filing your defence from 14 to 28 days. You can acknowledge the service online, or fill in the relevant part of the form and post it.

Only a court can order an Attachment of Earnings and that must follow after a court judgement has been obtained. Cabot can't do that, but you can send them a postal order if you want.

[jules1967]

Re: Cabot/ Claims form

All you do for the court at this time is to acknowledge service as said above, and that automatically extends the deadline for filing your defence from 14 to 28 days. You can acknowledge the service online, or fill in the relevant part of the form and post it.

Only a court can order an Attachment of Earnings and that must follow after a court judgement has been obtained. Cabot can't do that, but you can send them a postal order if you want.

Thank you

[jules1967]

Re: Cabot/ Claims form

Thank you

I followed your advice and completed the online acknowledgement and sent off the two letters although I think I was meant to send £1 which I forgot to send with the letter but they have not said anything as yet.

I have received a letter from Cabot Financial dated 25th July 2014 re: Welcome Finance Loan - £766.46 and they have said:

thank you for the request for information under the Consumer Credit Act 1974. Cabot Financial currently does not have this information on file. However, we have requested the relevant information under section 77/78 of the Consumer Credit Act 1974 from the original lender.

We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again.

Do I now just sit tight and wait - what do you think will happen?

I am so thankful for your on-going support and advice it has given me the strength and determination to stand up to them. I admire people like you whole heartedly.

Thank you again Jules

[FlamingParrot]

Re: Cabot/ Claims form

I followed your advice and completed the online acknowledgement and sent off the two letters although I think I was meant to send £1 which I forgot to send with the letter but they have not said anything as yet.

I have received a letter from Cabot Financial dated 25th July 2014 re: Welcome Finance Loan - £766.46 and they have said:

thank you for the request for information under the Consumer Credit Act 1974. Cabot Financial currently does not have this information on file. However, we have requested the relevant information under section 77/78 of the Consumer Credit Act 1974 from the original lender.

We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again.

Do I now just sit tight and wait -

Yes and no. You don't need to chase the CCA request since non-compliance can be used in your defence. However, you do need to chase the CPR request and keep an eye on the timescales, if they don't respond in 7 days to that one, you should chase them and ask them to agree to an extension of up to 28 days as allowed by CPR 15.5. :thumb:

Cabot seem to be using a strange template to respond to CCA requests quoting 40 days, CCA requests should be responded to in 14 days, it's 40 days for a SAR. :noidea: It's not the first time I've seen that letter. :mmph:

[jules1967]

Re: Cabot/ Claims form

Thank you, I have drafted a letter ready if I don't get word about CPR tomorrow (which will be 9 days from me posting letter. - This does go to their solicitors?? I sent the CCA to Cabot and CPR request to their solicitors named on the claim form?? (sorry I think I am getting bit confused - I am blonde lol)


Thank you so much for the advice.:colbert:

[Kafka]

Re: Cabot/ Claims form

What is the final debt for your defence to be in?