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

[johnnykreese]

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

Don't chase CCA request, chase up CPR remind them the claim is not yet allocated to a track so 31. 14 still applies.

nem

Ok thanks.

Should I be calling and emailing them as well to show I am participating? Or is written correspondence sufficient?

Also do I need to tell the court about any of this? Or do I just keep a record of all correspondence/non compliance and use that when I have to file my defence?

[nemesis45]

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

Ok thanks.

Should I be calling and emailing them as well to show I am participating? Or is written correspondence sufficient?

Also do I need to tell the court about any of this? Or do I just keep a record of all correspondence/non compliance and use that when I have to file my defence?

Hi Johnny.

It's best to keep everything in writing if possible, use e-mail as a confirmation if necessary.
With e-mails you in my opinion can't rely on when they are read and/or get to the right person.

Failure to comply with the CCA request within the 12 + 2 working days time scale renders the debt
unenforceable until the agreement is provided.

The court will send out the necessary forms in the process which you will need to complete and return to the court
these will have instructions on what to do, e.g. send a "copy to all parties" so one for the defendant, 1 for the court
and of course 1 for you.

nem

[johnnykreese]

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

As ever thank you guys!

The way I see it: I am waiting on the CPR or SAR to see if the debt is statute barred or not?

I am hoping they get that to me well before the date my defense is due. *sigh

If it is not statute barred, I was honestly thinking of just making them a 15% offer F&F. Can I still do that once a claim has been filed - presumably I have to pay the court fee(s) as well - in order to avoid a CCJ?

I reckon £1k is less than I would end up paying out if I had to pay a barrister to defend me (as I have no idea what I am doing)in a hearing which I could still lose.

I'm also conscious of the fact almost 6 years has passed, I just got a good job with prospects, my gf is pregnant and a CCJ or DRO would effectively destroy my life to the point I'm honestly not sure what I would do. Its all well and good laughing it off when you're a kid with nothing to lose but 6 years isn't it? I could lose my family and almost certainly my career were I to become insolvent. No chance of a mortgage, no credit etc. My life would pretty much be over. Its high stakes.

[FlamingParrot]

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

As ever thank you guys!

The way I see it: I am waiting on the CPR or SAR to see if the debt is statute barred or not?
I am hoping they get that to me well before the date my defense is due. *sigh

The documents you requested under CPR 31.14 probably wouldn't tell you the answer to that one, even if they managed to get you a copy of the DN, a lot of people make payments after receiving one. The SAR should hopefully be more enlightening by providing you with statements showing when the last payment was made. ray:

They should send it to you within 40 days so you may only just get it, however, do bear in mind the burden of proof is on the CLAIMANT to show that a debt is not SBd, not on you to show it is.

If it is not statute barred, I was honestly thinking of just making them a 15% offer F&F. Can I still do that once a claim has been filed - presumably I have to pay the court fee(s) as well - in order to avoid a CCJ?
I reckon £1k is less than I would end up paying out if I had to pay a barrister to defend me (as I have no idea what I am doing)in a hearing which I could still lose.

You can make an offer at any time, however, it's a bit too soon to be thinking about that. If it's SBd then there's no point in offering even 15%!

I'm also conscious of the fact almost 6 years has passed, I just got a good job with prospects, my gf is pregnant and a CCJ or DRO would effectively destroy my life to the point I'm honestly not sure what I would do. Its all well and good laughing it off when you're a kid with nothing to lose but 6 years isn't it? I could lose my family and almost certainly my career were I to become insolvent. .

To clarify, a CCJ is not a form of insolvency, and it's got nothing to do with a DRO. A DRO is a cheaper alternative to bankruptcy for those with low incomes and few assets, but it's something people voluntarily enter into to get most, if not all, their debts written off; you cannot be forced to enter into a DRO by a creditor.

As a last resort, if all else failed, a CCJ could be avoided with a Tomlin order which stays proceedings as long as you keep to the terms of the order (your agreed instalments).
For now all you can do is wait for your documents, mainly the SAR, before going any further. :ranger:

No chance of a mortgage, no credit etc. My life would pretty much be over. Its high stakes

Whilst I can see your concern, you'll find a lot of people live fruitful, happy lives and bring up a number of little ones whilst living in rented accommodation, the joys of home ownership can be highly overrated. There are some very good examples of the above right here on LB!

[nemesis45]

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

As ever thank you guys!

The way I see it: I am waiting on the CPR or SAR to see if the debt is statute barred or not?

I am hoping they get that to me well before the date my defense is due. *sigh

If it is not statute barred, I was honestly thinking of just making them a 15% offer F&F. Can I still do that once a claim has been filed - presumably I have to pay the court fee(s) as well - in order to avoid a CCJ?

I reckon £1k is less than I would end up paying out if I had to pay a barrister to defend me (as I have no idea what I am doing)in a hearing which I could still lose.

I'm also conscious of the fact almost 6 years has passed, I just got a good job with prospects, my gf is pregnant and a CCJ or DRO would effectively destroy my life to the point I'm honestly not sure what I would do. Its all well and good laughing it off when you're a kid with nothing to lose but 6 years isn't it? I could lose my family and almost certainly my career were I to become insolvent. No chance of a mortgage, no credit etc. My life would pretty much be over. Its high stakes.

Hi, CPR 31.14 only provides the documents mention in the POC.
SAR could provide information on the date of the last payment/acknowledgment,
there isa simpler way to try to get this info give Sainsbury bank a quick call and ask
them if they can tell you, the date of the last payment/acknowledgment/ the default date.
It's worth a try!!

nem

[johnnykreese]

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

Hi guys update:

Nothing from Mortimer Clarke re: CPR
Nothing from Cabot re: CCA
It has now been 46 days since I sent my SAR to Sainsburys.

Do I need to chase the SAR? I am concerned about this. They definitely received it as I got the 'Here's £50 please bank it!' letter from them almost 4 days afterwards. And a follow up 'polite reminder to bank your £50 cheque!' yesterday.

I am sending a CPR 'polite reminder' as suggested to Mortimer Clarke tomorrow reminding them that since the claim is not yet allocated to a track so 31. 14 still applies etc.

- - - Updated - - -

Ahh never mind its 40 *working* days.

[nemesis45]

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

Hi guys update:

Nothing from Mortimer Clarke re: CPR
Nothing from Cabot re: CCA
It has now been 46 days since I sent my SAR to Sainsburys.

Do I need to chase the SAR? I am concerned about this. They definitely received it as I got the 'Here's £50 please bank it!' letter from them almost 4 days afterwards. And a follow up 'polite reminder to bank your £50 cheque!' yesterday.

I am sending a CPR 'polite reminder' as suggested to Mortimer Clarke tomorrow reminding them that since the claim is not yet allocated to a track so 31. 14 still applies etc.

Yes chase the SAR given them 7 days to respond or you will complain to the ICO re their failure to comply.

nem

[FlamingParrot]

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

Hi guys update:

Nothing from Mortimer Clarke re: CPR
Nothing from Cabot re: CCA
It has now been 46 days since I sent my SAR to Sainsburys.

Do I need to chase the SAR? I am concerned about this. They definitely received it as I got the 'Here's £50 please bank it!' letter from them almost 4 days afterwards. And a follow up 'polite reminder to bank your £50 cheque!' yesterday.

Yes, chase the SAR but not the CCA request.

I am sending a CPR 'polite reminder' as suggested to Mortimer Clarke tomorrow reminding them that since the claim is not yet allocated to a track so 31. 14 still applies etc.

You are already under an extension to file your defence, aren't you? In which case it's probably not necessary to remind them again, if they can't find the documents by the time the court orders them to produce them before the trial they may have to end up discontinuing the claim. ray: ray: ray: What a shame, uh? :lol:

See below:

they sent a letter today saying that they have not been able to complete my request unde the consumer credit act 1974 - they have said they are no longer going to persue the claim in the court and that the amount should no longer appear on my credit file .

- - - Updated - - -

Ahh never mind its 40 *working* days.

No, it isn't! They've made that up! You still need to file a defence at the end of your 33 + 28 days. :clock:

[nemesis45]

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

40 Calendar days, this is another Crapbot invention like their 40 days for a CCA request nonsense.

nem

[johnnykreese]

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

Ahh OK. Thanks again!

I'm worrying now because I can't plan a proper defense without pertinent details, especially the SAR info and the CCA. What with the possibility of it being SB window being 6 months or so in or out. I can see myself getting some BS cooked up CCA/T&C's the night before the trial and having no time to do anything else etc.

I have a full time job I can't just not turn up for etc. Limited time. Limited resources..

[FlamingParrot]

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

Its kind of unrelated but I've also been paying off some other debts on my credit report in full. Not because I have to but because I actually can now my finances have improved.

Apologies for the stupid question but if you say don't have to pay them, then why do you? I can think of a few better things to do with a little extra money. :grin: (Shall I send you my bank details? :lol: :lol

If there was a better system of mediating part payment in return for marking claims settled in a way that protected the debtor from future liability, like maybe some sort of official arbitration process whereby you can bid down percentages of debt, reach an agreement and send a cheque to make it all go away, wouldn't it be in everyone's interest? I just don't get how these companies make a profit. I guess I am hopelessly naive.

It's possible to offer reduced amounts in full and final settlement but I'd rather not pay anything at all if they can't produce any documents. It's called tit for tat! :lol:

[johnnykreese]

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

Apologies for the stupid question but if you say don't have to pay them, then why do you? I can think of a few better things to do with a little extra money. :grin: (Shall I send you my bank details? :lol::lol:)

Oh sure, no, I think you are quite right. Its just in these cases I did use the credit. If I can and I know its a legit bill, I've paid it off. Not quite the same as these Cabot jokers who think they can turn a 3.5k debt in to a 5.5k debt based on bullying and brinksmanship using the courts of law as their weapons and legalise as their moral compass.
That's patently not right. I'll fight that on principle. Or just plain bloody mindedness. Even if I lose, I'll just go bankrupt and they can whistle. I'd sooner do that to myself than pay them a single penny. :tinysmile_grin_t:

It's possible to offer reduced amounts in full and final settlement but I'd rather not pay anything at all if they can't produce any documents. It's called tit for tat! :lol:

Yeah I'm not sure how that works. Since right now I am hoping its SB'd I can't enter in to any kind of negotiation? Just a shame since if I could just cut a cheque for 1.5k and make this go away I would. Tomorrow.
I don't need this kind of stress. I really, really don't. And thats a fraction of what I borrowed. More than fair. Sadly they never offered me that option. Was just saying how I can't believe that sort of arrangement isn't better for them and isn't something they try hard to do before randomly CCJ'ing people and trying to terrify them in to paying the full 5.5k. That's low and surely doesn't work out well for them in the percentages game?

[FlamingParrot]

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

Yeah I'm not sure how that works. Since right now I am hoping its SB'd I can't enter in to any kind of negotiation? Just a shame since if I could just cut a cheque for 1.5k and make this go away I would. Tomorrow.

If it's SBd why would you want to pay anything?

Nobody likes uncertainty but bear in mind that good things come to those who wait! :thumb: :thumb: :thumb:

I don't need this kind of stress. I really, really don't. And thats a fraction of what I borrowed. More than fair. Sadly they never offered me that option. Was just saying how I can't believe that sort of arrangement isn't better for them and isn't something they try hard to do before randomly CCJ'ing people and trying to terrify them in to paying the full 5.5k. That's low and surely doesn't work out well for them in the percentages game?

It is often possible to have F&F settlements accepted.

[johnnykreese]

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

Do I need to file my defense today? Sept 1st being Bank Holiday Monday?

I have received no response to my SAR, CCA or CPR (other than 'we are consulting our client'). I don't know if the debt is SB'd or not. I don't have any T's and C's so I don't know if they breached them by selling the loan debt. I don't have payment information, a default notice, notice of assignment etc.

[FlamingParrot]

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

Do I need to file my defense today? Sept 1st being Bank Holiday Monday?

I have received no response to my SAR, CCA or CPR (other than 'we are consulting our client'). I don't know if the debt is SB'd or not. I don't have any T's and C's so I don't know if they breached them by selling the loan debt. I don't have payment information, a default notice, notice of assignment etc.

They're unlikely to send you any documents before the 1st of September so you might as well file it... :typing:

If you want to combine SBd with not having received any documents you'll be looking at something along these lines, obviously suitably amended to suit: http://www.legalbeagles.info/forums/...958#post570958

Do post up your draft before submitting it. :thumb:

I don't think there's much mileage in the selling angle.