Cabot Financial and old egg loan-CCJ Being sought

[sara77]

Hello Everyone
I really need some advice, I recently received a claim, listing me as the defendant from Cabot. I have 14 days to respond and am already a few days in. They bought a debt of mine from egg,which was a loan-it was then sold off and they bought it from a third party. I was actually paying the third party up until April last year and then due to my finances I stopped. I did speak to the correspondence company that Cabot are using and was advised to fill out the Court Forms within 14 days. My major problem is if I accept the CCJ, I will become unemployable. I am just about to get a job as a part-time Account Assistant, so they will check my credit and I am doing a part-time degree in Law (just started,so have just done my first term!), So a CCJ will really stop me in my tracks. I do not have the money to pay them off. What should I do? From my research I think I have to options, accept and write a cover letter and hope they do not go for a CCJ. Which appears unlikely.
Or next option is to defend myself, ask for the CCA, send £1 and also ask for a SAR,send £10. Buy myself a little bit of time-But because I paid towards the debt in April last year-lose and then have extra costs against me.
The final option which I do not understand but have read about is the 'Tomlin Order'-not sure if it would apply to my case or how to go about it, so it could apply to my case.
The original loan was taken out 2003-I think.
Any thoughts or ideas would be greatly appreciated, panicking as expected, so don't want to ignore.
Thank you for taking the time to read my post in advance.
Sara77

[Amethyst]

Re: Cabot Financial and old egg loan-CCJ Being sought

Hi Sara

Welcome to LB xx

First step is to acknowledge the claim, which gives you a bit more time - then check they have the documentation and the right to bring the claim against you - so here's the first steps to take - http://www.legalbeagles.info/forums/...it-Court-Claim so get those under way first then we can have a better look at things.

Sharon
xxx

[Amethyst]

Re: Cabot Financial and old egg loan-CCJ Being sought

Okay so once you have made them produce the documents, if they do, there are options to negotiate settlement pretty much all the way to the court steps, so it is definitely worth defending if you need to avoid a CCJ, unless you can pay the whole debt off in a full and final settlement. That's where a Tomlin order could come in if you were able to negotiate it with Restons ( is it Restons?) - this would basically keep the case on hold in court as security for Cabot, but not go through to give you a CCJ, unless you broke your agreement - that could be for a full and final settlement or monthly instalments.

Approx how much is the debt ?

Is it an Egg Loan or Credit card ?

Do you recall if there was PPI on the account, and have you reclaimed it if so ?

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Hi Sharon
Thank you so much for your response, a question-with returning the acknowledgement- this will sound pretty stupid but but am I accepting the debt? Sorry to sound so needy, is online better or registered posting the response?
I appreciate you taking the time to have responded over the Holiday period.
Sara77

[Amethyst]

Re: Cabot Financial and old egg loan-CCJ Being sought

Online, and no you're not accepting the debt, you are 'intending to defend in full' - if you look at the link I gave you there should be a bit of help with signing up on Moneyclaimonline and getting it acknowledged.

Putting 'intend to defend in full' isn't binding so you could change it to admit later, if you wanted to. But with a 2003 Egg debt you probably won't want to xx

Putting in the acknowledgment will extend the time you have to 33 days from the date of issue as printed on the claim form, so time to get CCA and CPR letters sent and replies to come.

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

There was ppi on the Egg Loan and I did claim it back( the Loan was a consolidation of a previous loan and a Credit Card with them). The amount is £6k, which includes their court cost and fees.The correspondence is with Drydens Ltd.

[Amethyst]

Re: Cabot Financial and old egg loan-CCJ Being sought

And be as needy as you like We've all been in the same boat at one time or another and are here to help. Ask any questions you need - we are a little quiet at the mo with the holidays but usually somebody about. Have a read through other CABOT and EGG threads in the court claim forum and you'll give yourself a good idea how things will progress xx I'm just moving your thread down there too http://www.legalbeagles.info/forums/...-a-Court-Claim

There was ppi on the Egg Loan and I did claim it back( the Loan was a consolidation of a previous loan and a Credit Card with them). The amount is £6k, which includes their court cost and fees.The correspondence is with Drydens Ltd.

Okay so PPI defence is out the window, that's fine though. Did you happen to get a copy of your original agreement with EGG when you were doing the PPI claim ?

£6k is fine, small claims track so no costs risks.

Definitely get a CCA request off asap.

You might also want to be looking at doing an income and expenditure sheet to work out what you might have available for negotiating instalments IF it came to it later.

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

I am a bit clueless about the 6year timeframe because I did make a payment to the first third party that the debt was sold off too, in April 2013. So I guess I am still liable?

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

Thank you for moving the thread, I have read a fair few of the threads and Cabot seem like they are going to be a nightmare to deal with.

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

I don't think I still have the paperwork from the PPI, which I got back around 2/3 years ago. sorry I am terrible with paperwork.

[Amethyst]

Re: Cabot Financial and old egg loan-CCJ Being sought

'fraid so, statute barred is out.

Cabot aren't a total nightmare, they are a bit rubbish at complying with timescales, as are Drydens.... you'll most likely get a '40 days to respond' letter back on your CCA request. But see how many of the threads ended up with a CCJ against the defendant, not many

Just keep us informed with any letters/documents you get from them and keep an eye on deadlines, and don't be afraid to ask and questions, and we'll help you get yourself the best outcome possible - whether thats a negotiated installment settlement or a discontinuance/withdrawal of the claim xxx

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

When I spoke to Drydens they advised me to write a cover letter about the CCJ, should I just ignore that and just defend it it online?
Sorry, for taking up so much of your time.

[Amethyst]

Re: Cabot Financial and old egg loan-CCJ Being sought

Yes, Drydens are the opposition. Only thing you should send to Drydens is the CPR 31.14 request....

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)

You are just acknowledging the claim at the moment - you should get to a screen like this



ONLY tick the Defend all of this claim

[sara77]

Re: Cabot Financial and old egg loan-CCJ Being sought

I will do the acknowledgement online tomorrow and just double check everything one last time. I will take a screenshot of the Courts online form as well. I will also send by registered post tomorrow the request for the CPR to DRYDENS and also a letter to them for the CCA with postal order for £1-made out in their name. I think that should cover everything at this stage, should I also send a request for the SAR with £10 postal order in their name?
I simply cannot express sufficiently enough in words my thanks for all of your continued help.

[Amethyst]

Re: Cabot Financial and old egg loan-CCJ Being sought

That sounds ideal. I wouldn't worry about the SAR. Usually the SAR would be for getting details of last payments ( but you already know that) or for details of PPI etc - which you have already reclaimed, so I think you can save yourself that £10. It would have gone to barclaycard (EGG) anyway rather than CABOT or DRYDENS.