Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

[FlamingParrot]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

Hmm. Just seems like they really don't like having to play by the rules and well could we just disregard this one - sure thing! :tinysmile_aha_t:

Letter from Crapbot this morning: Dear Sir, we have been unable to comply with your request (CCA) within the specified time frame. We will put your case on hold until such a time as we can. Please call our friendly customer services team to arrange repayment today! You still have to pay us back etc. They didn't return the £1 postal order though. Charming!

You know Crapbot have been discontinuing claims because they can't get their dirty hands on the agreements? ray: ray: ray:

Update:

Generic letter from Court today confirming my defense will be served etc.

Still not heard anything from Sainsbury's re: SAR, nothing from Crapbot or Mortimer Clarke.

They have explained it quite well what happens next with regards to your defence. Mortimer Clarke can only rely on Crapbot to get the documents who in turn has to rely on Sainbury's who, having sold the account ages ago, will be in no rush to dig them up.

They should still reply to your SAR in 40 days, when did you send it?

[johnnykreese]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

I sent the SAR well over 2 months ago now. Have not heard a peep. All I got from them was the £50 cheque and repeatedly sinister letters urging me to bank it before its cancelled.

Presumably that is just some lame attempt to form a contract on the old loan in lieu of enforceable documentation?

I tossed it in the file along with everything else anyway - needless to say I did not bank it!

I got a further letter from Mortimer Clarke saying they are still consulting their client (as you said above).

Is it likely the Judge will force them to put up or shut up as requested in the defense? Or will I have to spend money to get it thrown out at a later date?

I am guessing (dangerous I know lol) that since my defense is also based on it being statute barred that they will be compelled to produce the paperwork to disprove that - and if they can't - as seems to be the case - it will get bombed out as a matter of course?

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

I sent the SAR well over 2 months ago now. Have not heard a peep. All I got from them was the £50 cheque and repeatedly sinister letters urging me to bank it before its cancelled.

I got a further letter from Mortimer Clarke saying they are still consulting their client (as you said above).

Is it likely the Judge will force them to put up or shut up as requested in the defense? Or will I have to spend money to get it thrown out at a later date?

You need to chase up the SAR and report the non compliance to the ICO.

[FlamingParrot]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

I sent the SAR well over 2 months ago now. Have not heard a peep.

You need to complain about their non-compliance within 40 days. To start with you have to write to them as below. If you get no joy you can then take it to the ICO.

Dear Sirs

Non response to a subject access request

I am writing further to my letter of [xx/xx/xxxx] in which I made a subject access request, because I have not received any response from your organisation.

As the statutory time limit for responding to my subject access request (40 days) has now expired, I would be grateful if you could provide a response as soon as possible.

If I do not receive a response from your organisation within 14 days, I will submit a ‘request for assessment’ to the Information Commissioner’s Office (ICO). You can find advice on the ICO’s website on how to deal with a subject access request ico.org.uk/sar and information on their powers and the action they can take ico.org.uk/action or call them on 0303 123 1113.

Yours faithfully

All I got from them was the £50 cheque and repeatedly sinister letters urging me to bank it before its cancelled.

Presumably that is just some lame attempt to form a contract on the old loan in lieu of enforceable documentation?

I tossed it in the file along with everything else anyway - needless to say I did not bank it!

I don't see how. :noidea:

[FlamingParrot]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

I got a further letter from Mortimer Clarke saying they are still consulting their client (as you said above).

Are they not saying they wish to proceed with the claim?

Is it likely the Judge will force them to put up or shut up as requested in the defense? Or will I have to spend money to get it thrown out at a later date?

If they decide to proceed, the court will order them to produce the documents at least 14 days prior to the hearing date.

I am guessing (dangerous I know lol) that since my defense is also based on it being statute barred that they will be compelled to produce the paperwork to disprove that - and if they can't - as seems to be the case - it will get bombed out as a matter of course?

Yes, the burden of proof is on the claimant to show there's been a payment or written acknowledgment made in the past six years. :thumb:

[johnnykreese]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

Hi Guys. Quite some months have passed since (August 2015) I filed my defence and after I received a letter from Mortimer Clarke saying they were consulting with their client. I have not had any contact from the court so I presume they did not proceed.

I never got a reply to my SAR or chaser to Sainsbury's bank. I guess Cabot didn't either since nothing more has transpired since.

I have basically just got a letter saying that they are going to consult their client and nothing since.

Can I get a line drawn under this do you think? I checked my credit file and it now says 'Settled' under my original Sainsbury's bank loan and there is nothing under my financial account information with Cabot's name on it.

Does this mean its done with? Or do I need to write more letters?

[charitynjw]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

Hi johnnykreese

IMHO

I'll reply with an real-life example.

A friend of mine had a claim against him which, for similar reasons as yours, was 'stayed'.
That was 4 years ago.
He just left it on the back burner, too busy to deal with it.
He has recently been notified of an assignment to another company - I'm sure they will be looking hard to try & resurrect it.
He should have applied to have it struck out years ago (he's doing so now!)
Hey ho.......we live & learn......................

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

Hi Guys. Quite some months have passed since (August 2015) I filed my defence and after I received a letter from Mortimer Clarke saying they were consulting with their client. I have not had any contact from the court so I presume they did not proceed.

I never got a reply to my SAR or chaser to Sainsbury's bank. I guess Cabot didn't either since nothing more has transpired since.

I have basically just got a letter saying that they are going to consult their client and nothing since.

Can I get a line drawn under this do you think? I checked my credit file and it now says 'Settled' under my original Sainsbury's bank loan and there is nothing under my financial account information with Cabot's name on it.

Does this mean its done with? Or do I need to write more letters?

You need to phone the court office on Monday to check on the status of the claim I suspect it's stayed because Cabot couldn't get the agreement.
Find out what's happened and come back we can then go through the next moves.

nem

[johnnykreese]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

Sorry for the necro. I had 2 other substantial debts tick over 6 years and roll off my credit file this month.

I obviously did not keep the creditors up to date as to my whereabouts.

6 years is a long time ..

Is there a way I can find out if I other summons have been sent to old addresses? A national point of contact for pending or ongoing court actions against yourself etc?

I will be phoning the court on Monday to query the situation with them re: the one detailed in this thread.

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

Sorry for the necro. I had 2 other substantial debts tick over 6 years and roll off my credit file this month.

I obviously did not keep the creditors up to date as to my whereabouts.

6 years is a long time ..

Is there a way I can find out if I other summons have been sent to old addresses? A national point of contact for pending or ongoing court actions against yourself etc?

I will be phoning the court on Monday to query the situation with them re: the one detailed in this thread.

Hi,

The Registry Trust ( Trust online) Records all judgments in England & Wales you have to check each possible address, there's a small charge for each address.

nem

[johnnykreese]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

Thank you. Unfortunately I can't remember the old addresses, it was a long time ago and I have moved around a lot since then sadly.

I finally got a reply from the court today:

Good Afternoon,
I can confirm that after your defence was filed the case was stayed on 05th October 2015 as the court did not receive an intention to proceed from the claimant. If the claimant wishes to proceed at this stage then they will be requires to file an application with the relevant fee requesting permission from a district judge.

You may wish to contact the claimant directly to check the position.

Is this the end or do I still need to take further action to make sure this does not come back to haunt me?

[johnnykreese]

Re: Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

Thank you. Unfortunately I can't remember the old addresses, it was a long time ago and I have moved around a lot since then sadly.

I finally got a reply from the court today:



Is this the end or do I still need to take further action to make sure this does not come back to haunt me?

Gosh how time flies.

Its now Nov 2018 and I have a 996 experian credit score, a bank account, credit card both in good standing, a secure public sector job for 3 years and a mortgage deposit saved. I have a son on the way in 5 months and we want to buy a house together.

I have been requesting my credit file(s) and making sure there is nothing on there from the bad times. Its all fallen off now.

However, I'm worried this case being 'stayed' might come up during a mortgage application?

I'd really like it done with. Its been stayed for 3+ years now. No further correspondence from Cabot other than a very crappy looking CCA that looked like it had been photocopied 500 times. The fact they didn't proceed suggests it wasn't going to be enough for a judge?

Can anyone kindly advise me what to do to get this case un-stayed and closed off or get my day in court from Cabot?

[pt2537]

Gosh how time flies.

Its now Nov 2018 and I have a 996 experian credit score, a bank account, credit card both in good standing, a secure public sector job for 3 years and a mortgage deposit saved. I have a son on the way in 5 months and we want to buy a house together.

I have been requesting my credit file(s) and making sure there is nothing on there from the bad times. Its all fallen off now.

However, I'm worried this case being 'stayed' might come up during a mortgage application?

I'd really like it done with. Its been stayed for 3+ years now. No further correspondence from Cabot other than a very crappy looking CCA that looked like it had been photocopied 500 times. The fact they didn't proceed suggests it wasn't going to be enough for a judge?

Can anyone kindly advise me what to do to get this case un-stayed and closed off or get my day in court from Cabot?

The problem is perhaps worst than you have though, if the mortgage is approved and you buy a property then Cabot could apply to lift the stay and if they win the case they could apply for a charge over your home.

Did cabot have solicitors representing them? I must confess i havent read the thread, im limited on time sadly.

[Amethyst]

Best and easiest way ( annoyingly ) is to settle it at a decent discount if you possibly can - and they withdraw the claim - Then you know that's the end of it before you buy the house - Currently you'd have to declare the outstanding debt although it won't show on the credit file or judgment register. You could probably settle for sub 30%.

Otherwise it's a case of making an application to lift the stay and strike out claim - which can be risky if they come up with documents and decide to fight you on it.

[johnnykreese]

The problem is perhaps worst than you have though, if the mortgage is approved and you buy a property then Cabot could apply to lift the stay and if they win the case they could apply for a charge over your home.

Did cabot have solicitors representing them? I must confess i havent read the thread, im limited on time sadly.

Thanks for responding. Yes Cabot where represented by Mortimer Clarke. It was with the solicitor that all the correspondence took place. I have never corresponded with Cabot directly about this. The claim was 5.5k which was originally 3.5k + their extortionate interest.
I'm not too worried about it affecting my home once I have a mortgage - I could pay them off from savings anytime if required to do so.
I'm just really worried about it affecting my application for a mortgage. Does that kind of stuff show up/get checked by lenders assuming its off my credit file?

Best and easiest way ( annoyingly ) is to settle it at a decent discount if you possibly can - and they withdraw the claim - Then you know that's the end of it before you buy the house - Currently you'd have to declare the outstanding debt although it won't show on the credit file or judgment register. You could probably settle for sub 30%.

Otherwise it's a case of making an application to lift the stay and strike out claim - which can be risky if they come up with documents and decide to fight you on it.

The problem is if I acknowledged the debt, why would they accept a sub 30% settlement and not push for the whole amount? If they could have done so, would they have not already produced CCA, notice of default etc and CCJ me already? Why let it sit in stayed for 3 years? Is that just how they operate if its a smaller debt aka bigger fish to fry etc?

If I acknowledge this debt, whats to then stop them buying up another old debt and trying it on again? Even if its statute barred they can still drag me through the entire process unjustly again.. Especially if they think I'm a cash pinjata ..

Really appreciate the advice from you guys btw!! I'd put all this way behind me (almost a decade ago now) and raking it all up again hurts. Heh.