Cabot Financial - Court Claim

[Kafka]

Re: Cabot Financial - Court Claim

What exactly is stated in the Particulars of Claim?

[Kafka]

Re: Cabot Financial - Court Claim

I would guess that in this case there have been lots of bogus charges added onto the account over time either by the OC or by Cabot. Ideally you would have sent a Subject Access Request to On:Line when the court action was threatened and that would have required them to supply all personal data that they hold on you. You can still do this, but as they have 40 days to respond it will probably come too late for your defence, unless you can extend this time by challenging their non compliance with disclosure.

You would have to dig for details for this as I think they were taken over by GMAC. Obviously the SAR must go to the firm now responsible.

[littlemeg]

Re: Cabot Financial - Court Claim

What exactly is stated in the Particulars of Claim?

The particulars box reads:

The claim is for the balance of instalments due and unpaid under an agreement regulated by the Consumer Credit Act 1974 dated 05/04/2004 and under which On Line Finance agreed to sell the defendant goods for a price payable by instalments ("the Agreement").

The Agreement was assigned to the claimant on 30/09/2008.

PARTICULARS
1. Amount due and unpaid 8885
The claimant has complied with sections III and IV of Practice Direction - Pre-Action Conduct
THE CLAIMANT THEREFORE CLAIMS:
1. Amount due and unpaid 8885

[littlemeg]

Re: Cabot Financial - Court Claim

Also, should I be looking for a SAR for On Line Finance/GMAC, or whoever they are now? Is there a template for this? What is this likely to achieve in terms of my defence in court?

[Kafka]

Re: Cabot Financial - Court Claim

The SAR is a statutory right under the Data Protection Act and they have to supply all the personal data they hold on you. This will reveal what they hold about the agreement, the statements, charges added, actions taken, the default process and the assignment process. The DCA almost never holds the documentation and has to send for it to the OC, so with the SAR you know exactly what does exist. Sight of the documents will also show you if there were flaws in the processes and what charges were added on. All of this can potentially help with your defence.

The problem - as I have said - is that this may not arrive before you have to file the defence. Having said that, if you send the CCA and CPR requests and they don't deliver by the deadlines, you can seek an extension of the defence deadline by 28 days, which should enable the SAR to arrive. So it may not help, but its only £10 and I've never known a SAR that wasn't very useful.

[littlemeg]

Re: Cabot Financial - Court Claim

Ok so have another question/update.

I'm preparing to send the CCA to Cabot, the CPR to the solicitor, and a SAR to GMAC. These will be ready to go today.

In the mean time I checked my bank statements to see if I could find the payments for this.

The last payment I could find was 1st September 2008, to the CCCS, who then paid Cabot.

Even though I have a letter from Cabot dated December 2008, it has no exact payment details on it and I cannot find details of that on my bank statement.

So, if the most recent payment was 1st Sept 2008, that would make it statute barred, right?

My next question is, if I paid CCCS on the 1st Sept 2008, who then paid Cabot, but for arguements sake CCCS for some reason didn't release the money to Cabot until 1st Oct 2008, when is considered my most recent acknowledgement of the debt? 1st Sept as that's when I did actually last acknowledge it and pay, or 1st Oct as that's when Cabot were paid by a third party?

I have no reason to believe that the money wasn't released to them straight away, but I'd like to know.

[Kafka]

Re: Cabot Financial - Court Claim

:bump2: