Court claim from Cabot finance

[flicky1314]

Re: Court claim from Cabot finance

Thanks flaming but not sure what ur trying to say. Sorry I'm a bit thick.

[FlamingParrot]

Re: Court claim from Cabot finance

Thanks flaming but not sure what ur trying to say. Sorry I'm a bit thick.

No worries.

Basically the CPR request letter is intended to ask the claimant to supply you with copies of all documents mentioned on the particulars of claim and nothing else. Strictly speaking, they only mention the contract, however, there is also a mention of 'assignment' and 'default', meaning you could request a copy of the notice of assignment and the default notice. Having said that, if the debt is statute barred, it wouldn't make much difference. The standard CPR request letter is here: http://www.legalbeagles.info/forums/...ic-information

[flicky1314]

Re: Court claim from Cabot finance

Ahhhhh ok thank you for explaining. I've not sent the cpr only the cca request so should I just leave it at that and see what happens

[flicky1314]

Re: Court claim from Cabot finance

Cabot have received my letter today. It's been signed for well I say signed was a squiggle lol

[FlamingParrot]

Re: Court claim from Cabot finance

Ahhhhh ok thank you for explaining. I've not sent the cpr only the cca request so should I just leave it at that and see what happens

Up to you, if it's statute barred, the documents you'd be requesting wouldn't prove or disprove that fact.

Have a Happy New Year

[flicky1314]

Re: Court claim from Cabot finance

So what happens with the court then can I still get a ccj. I don't understand all this. What am I defending if it does or doesn't prove anything I'm sorry for all the questions masred:

[nemesis45]

Re: Court claim from Cabot finance

Cabot have received my letter today. It's been signed for well I say signed was a squiggle lol

How have you checked if the alleged debt is statute barred?
Cabot it seems have portfolio of very old debts that they are attempting to collect by using the court system as a " frightener" .

Have you made a check of credit reference files to see if the debt is there, knowing the actual default date on the file would be useful.

I would expect Cabot to come back with a statement that it needs 40 days to comply with a CCA request if it does reject it out right.

[flicky1314]

Re: Court claim from Cabot finance

I don't know if it's stb only know that I haven't acknowledged it or paid anything to it in over 6 years. What happens if they come back with needing 40 days to comply ?? That will take it over my defence date

[FlamingParrot]

Re: Court claim from Cabot finance

So what happens with the court then can I still get a ccj. I don't understand all this. What am I defending if it does or doesn't prove anything I'm sorry for all the questions masred:

I don't know if it's stb only know that I haven't acknowledged it or paid anything to it in over 6 years.

According to the Limitation Act 1980, it should be SBd if you haven't paid or acknowledged in writing in at least 6 years. :thumb:

If you submit a SBd defence, the onus is on the claimant to PROVE it isn't.

SBd is an absolute defence. :whoo:

[FlamingParrot]

Re: Court claim from Cabot finance

So what happens with the court then can I still get a ccj. I don't understand all this. What am I defending if it does or doesn't prove anything I'm sorry for all the questions masred:

What happens if they come back with needing 40 days to comply ?? That will take it over my defence date

First of all, that is a generic template letter they've come up with, which they send to everyone submitting a CCA request, regardless of whether they've been taken to court or not. :rant: :rant:

40 days are allowed to respond to a SAR, so it looks like some trained monkey at Crapbot HQ got their timescales mixed up and instead of 14 days they wrote 40 on their reply template.

To clarify, the reason you'd send those letters requesting documents would be to establish whether there are other points that could be used to dispute the debt, for example, lack of a properly executed agreement could preclude enforcement even if the debt wasn't SBd. The documents requested wouldn't tell you when you last made a payment. As I said above, if you submit a SBd defence, it's up to them to show it isn't.

The law doesn't allow 40 days to respond to a CCA request, so lack of response within 14 working days can also be used in your defence. :thumb:

[flicky1314]

Re: Court claim from Cabot finance

Ahhhhh ok thanks for explaining it hun. I understand now. So basically it's their word against mine unless they can prove otherwise ?

[flicky1314]

Re: Court claim from Cabot finance

Is the 14 days from today when they received my letter ?

[nemesis45]

Re: Court claim from Cabot finance

Is the 14 days from today when they received my letter ?

12 + 2 Working days From The Date on your request for the CCA.

As to Cabots ridiculous claim to have 40 days for a CCA request there are some letters around stating this is "Industry Guidance" I've not been able to find this so far.
One presumes if it does exist it's from the CSA.

[flicky1314]

Re: Court claim from Cabot finance

Thanks nemesis what's csa?

[nemesis45]

Re: Court claim from Cabot finance

The Credit Services Association, the self promoting club for those in " credit related businesses " including debt collection agencies and debt purchasers it issue " a guidance document" on the conduct of the debt industry'
The members award themselves various accolades every year.