Cabot Financial threatening me with court claim

[luisg66]

hi,just looking for some help,today I received a claim form regarding a debt from September 2008 which was apparently assigned to Restons/Cabot in june 2012,i have disputed this debt online with MCOL as I have no knowledge of this debt,its for a ladies catalogue viva la diva if that helps,and as a single man I have absolutely no need to have ever purchased from such a catalogue,can someone please guide me as to my next step as to what I should do in disputing this claim,thanks

[ostell]

Re: Cabot Financial threatening me with court claim

If you look through other threads in the forum you will see how send a CCA and CPR request to enable you to see what it is all about. If the last payment of the debt was 2008 then the debt is statute barred.

[luisg66]

Re: Cabot Financial threatening me with court claim

thank you

[FlamingParrot]

Re: Cabot Financial threatening me with court claim

If you look through other threads in the forum you will see how send a CCA and CPR request to enable you to see what it is all about. If the last payment of the debt was 2008 then the debt is statute barred.

As noted below:
So, first steps (within 14 days of receiving the 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 - this will extend the time you have to respond to the claim to 28 days from when you received it

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)

[FlamingParrot]

Re: Cabot Financial threatening me with court claim

hi,just looking for some help,today I received a claim form regarding a debt from September 2008 which was apparently assigned to Restons/Cabot in june 2012,i have disputed this debt online with MCOL as I have no knowledge of this debt,its for a ladies catalogue viva la diva if that helps,and as a single man I have absolutely no need to have ever purchased from such a catalogue,can someone please guide me as to my next step as to what I should do in disputing this claim,thanks

I have posted above the steps to take upon receipt of a claim. Would be useful if you could post up the particulars of claim. :typing:

[luisg66]

Re: Cabot Financial threatening me with court claim

hi Flaming Parrot and thank you for the reply,i received a claim form from the county court business centre yesterday ,in the particulars of the claim it says Restons/Cabot ie the claimant claims payment for an overdue balance due from the defendant or the defendants and vivaladiva.com dated on or about September 2008 and assigned to the claimant on june 26 2012 value £253.10,hope this helps ps I have typed up the cca and cpr requests ready to send can you clarify who I send them to is it the claimant Cabot Financial or the address listed below Restons Solicitors as it says restons is the address for sending documents and payments to,thanks in advance

[FlamingParrot]

Re: Cabot Financial threatening me with court claim

hi Flaming Parrot and thank you for the reply,i received a claim form from the county court business centre yesterday ,in the particulars of the claim it says Restons/Cabot ie the claimant claims payment for an overdue balance due from the defendant or the defendants and vivaladiva.com dated on or about September 2008 and assigned to the claimant on june 26 2012 value £253.10,hope this helps ps I have typed up the cca and cpr requests ready to send can you clarify who I send them to is it the claimant Cabot Financial or the address listed below Restons Solicitors as it says restons is the address for sending documents and payments to,thanks in advance

• The CCA request is sent with a £1 PO to the claimant Cabot Financial
• The CPR request is sent without any fee to Restons

Both should be sent recorded delivery. The reason for sending the CCA request to Cabot is because only a creditor has a duty to respond to a CCA request. The solicitors *could* pass it on to them if they feel like being nice, however, they often return them arguing they are not the creditor, sending it directly to the creditor saves time, postage and arguments. :thumb:

Other than the CCA request, any other correspondence should be sent to Restons at the address stated on the claim. :typing:

Remember you have a maximum of 33 days from date on claim to submit a defence even if you don't get a response from Cabot or Restons. There's no need to chase the CCA request but Restons should respond within 7 days, if they don't you need to chase them. :cell:

Do keep us posted. :ranger:

[luisg66]

Re: Cabot Financial threatening me with court claim

hi,i received my CPR request letter back from restons stating that as I have not signed it they are unsure who they are dealing and will notdeal with it whilst it is unsigned,im unsure about signing it as ive heard many stories about signatures being copied and used fraudulenty by these firms,any advice as to what I should do regards signing etc,thanks

[luisg66]

Re: Cabot Financial threatening me with court claim

just to update this thread,today I received the following letter from Restons
We note you have recently filed a defence to the court proceedings issued against you,whereby you state you have no knowledge of this company or the debt,by this company we can only assume you mean the claimant Cabot Financial UK.
By way of explanation Cabot Financial UK Ltd is a debt purchaser.The outstanding referrered to in the POC relates to vivaladiva.com a mail order account.Our clients records indicate that a credit agreementbetween you and vivaladiva .com was dated on or about 29/09/2008.
In line with the terms and conditions of that credit agreement the original creditor had a contractual right of assignment. In other words vivaladiva.com was entitled to transfer their rights and benefits under the agreement to a 3rd party and that right was excercised on Tuesday june 26 2012,around that time you should of received a letter from the original creditor advising you that the account had been assigned to a 3rd party and you should also have received a Notice of Assignment from Cabot Financial UK Ltd.
Recent case law has confirmed that we Cabot as the debt purchaser can pursue recovery of the liability.
Now that we have provided you with the details of what the outstanding balance relates to we would invite you to withdraw your defence,in order to do this please complete the enclosed form N9A and return it to this office.If we do not receive this form from you within the next 14 days we are instructed to make an application to strike out the defence and to seek an order that you pay our costs associated with that application.

Can someone please advise me what I do in response to this letter as I say I have no knowledge of this debt etc but I do not know how to proceed against these people,thanks in advance

[luisg66]

Re: Cabot Financial threatening me with court claim

can anyone please help me as to how I reply to Restons/Cabot about this letter ,im struggling with how to reply even though I still have absolutely no knowledge of this debt/claim,

[Kati]

Re: Cabot Financial threatening me with court claim

Did you have a debt with vivaladiva .com ?

[luisg66]

Re: Cabot Financial threatening me with court claim

to my knowledge I have never had any debt with vivaladiva,I am at my wits end with this matter now,one day Restons send me a letter saying because I haven't signed my CPR request they wont deal with me,then the very next day they sent this long winded letter stating things about accounts and them taking over accounts/debts and wanting me to pay ,im truly lost and stressed,thanks for your reply Kati

[Don Quixote]

Re: Cabot Financial threatening me with court claim

vivaladiva is related to simplybe.com.

Does that ring any bells?

Restons’ letter is also nasty and misleading – but that can be dealt with.

Have you received any notice of assignment or annual statements in regard to this, or any correspondence at all? Please provide any detail you can.

[luisg66]

Re: Cabot Financial threatening me with court claim

hi,ive never received any letters,notices,or statements ever relating to this,they are saying its from 2008 and from then until now I have never to my knowledge held such an account with simply be vivaladiva or anyone else,,no one has ever contacted me ever about this alleged debt until this Restons/Cabot contact,thanks Don for replying any advice would be appreciated

[Don Quixote]

Re: Cabot Financial threatening me with court claim

Can you give us the history of the contact you have had? What letters have they sent prior to issuing the claim? Also, have you moved since 2008, ie. is there a possibility of ID fraud?