~** DISCONTINUED **Am I too late?

[Amethyst]

Re: Am I too late?

Any hearing would be after the case has been transferred to your local court. Obviously it's easier without a hearing but they really aren't as scary as you'd expect. Often they are just a guy in a suit at a desk at the front (Judge) a couple court clerks lurking about, the opposition at one desk and you at another, the Judge ask a few questions, you answer, or not, usually you'd have put everything you wanted to say in a witness statement given to the judge before hand, and that's it. Call people sir and madam, sit down and stand up when the clerks tell you to and that's about it. Once you've done it you'll wonder why you were so worried about it. xxx Anyway, it might not get that far it depends on the documents.

Lit in Person - litigant in person - ie acting for yourself without a solicitor representing you or any formal legal advice.

[Totrusting]

Re: Am I too late?

Thanks for making me feel at ease - Again...I will try and keep all of that in mind if it does get to court. Good to know, I won't have to go to Northampton also.

I have just submitted my defence through the money claim site so I guess it's a waiting game now.

Thanks for the explanation of lit in person xxx

[Totrusting]

Re: Am I too late?

Hi Amethyst...
Just wanted to wish you and the other LB's a lovely and hopefully stress free weekend xxx.

[Amethyst]

Re: Am I too late?

Same to you and yours xxx thank you xxx

[Totrusting]

Re: Am I too late?

Hi all

Just wanted to post a quick update since sending off my defence.

I received a letter from the CCBC acknowledgeing receipt of my defence and that they will inform me of what will happen next when they have heard from the claimant.

Then a couple of days later, I received a letter from Cabot in response to the CCA request I sent them. I assume it is a generic response but here is what it said:

Dear xxxxx

RE: AA Personal Finance Loan- xxxxxxxxxx - £xxxxxxx

Your request for information under the Consumer Credit Act 1974

Thank you for your request for information under the Consumer Credit Act 1974. Cabot Financial currently does not have the information on file. However, we have requested the relevant information under section 77 / 78 of the Consumer Credit Act 1974 from the original lender.

What happens next?

We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again.

Yours sincerely

Ineligible photocopied signature

Customer Care Team


I guess I just have to continue sitting tight but will keep you posted as and when I hear from the Court/Cabot/Restons :tinysmile_hmm_t2:

Take care and have a lovely weekend when it arrives.

[Totrusting]

Re: Am I too late?

*Acknowledging

[Totrusting]

Re: Am I too late?

Hello everyone, I hope you are all well.

It has been a while since my last post but I am back with an update and would really appreciate some guidance please on what usually happens next re Cabot admitting they do not have a credit agreement at this time but intend to keep me on their database until they get it.

I am also confused as to why they are now saying I should contact them with any queries when they had given my account over to Marlin before this whole nightmare with Restons and their court claim started?

Many thanks in advance.

Ps. I tried to upload their 2nd reply for you re the request for information under the Consumer Credit Act 1974 but was unable to.
Here is what it said:

28 August 2014

Dear xxxxxxxxxx

Your request for information under the Consumer Credit Act

Unfortunately Cabot has not been able to provide you with the requested information within the relevant time period.

What happens next?

We shall continue to request the information from the original lender to assist you with your request. In the meantime, we would like to inform you that your account shall remain on hold with the Customer Care Department until such time we can comply with your request.

Your account

Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgment or decree against you in court. However, you are still obliged to pay the outstanding balance as confirmed in this letter and therefore we would recommen you contact us as soon as possible to set up a repayment arrangement or continue with your existing payment plan.

Independent Advice and Financial Difficulties
(Gives details of not for profit organisations)

Contacting Cabot

If you have any queries about your account please call one of our customer advisors on.....

Yours sincerely

(ineligible photocopied signature)

[Kafka]

Re: Am I too late?

What happens next is that you put the kettle on, because they've admitted they can't proceed. This one is kicked into the long grass and you have proof from them that they won't proceed without the agreement, and they can't get that. If the OC can't produce the documentation now it's unlikely they will in future, though this has been known to happen.

[Totrusting]

Re: Am I too late?

Hello Kafka

I had given up on being able to crack a smile at this situation years ago. Yet you have just managed to make me do so with your reply

I know there is a possibility Cabot will continue to do everything they can to try and scare me but thank you for putting my my mind at rest for the time being.

And so, for the here and now, I intend to go and put the kettle on as you suggested!

[Kafka]

Re: Am I too late?

The ball is firmly in their court now and you have written proof of that. The only action you could take would be to apply to the Court to get the claim dismissed as they haven't complied, but that's more work that you can probably do without.
:tea:

[Totrusting]

Re: Am I too late?

No, you are right.
I will sit tight, I really don't think I could cope with dealing with the court.

Thanks again :-)

[Totrusting]

Re: Am I too late?

Hi LB's, I cannot believe I have not been back since September? I am sure I posted an update after that. If I didn't I apologise.

So, I have another update from the Cabot and Reston's nightmare versus me. In February, out of the blue, I received a letter from Reston's apologising for the length of time it had taken them to write and that they were still awaiting documentation from Cabot. They then confirmed my account was currently on hold until they receive their client's documentation.

On April 13th,I received another letter from them saying they were now closing my file and enclosed by way of service upon me a Notice of Discontinuance.

OMG...Is it really over???

Even if I am jumping the gun, I would not have even got to this stage if it was not for the LB family on here.

However, I really feel that I have to say a truly heartfelt, special thank you to: Amethyst, Celsetine, Flamingparrot and Kafka. Without your welcome, input, guidance, wisdom and care I don't think I could have got though the last 9 months.

Thank you...:grouphug:

[DirtySmurf]

Re: Am I too late?

Fantastic News!

[Amethyst]

Re: Am I too late?

On April 13th,I received another letter from them saying they were now closing my file and enclosed by way of service upon me a Notice of Discontinuance.

Congratulations.... took them bloody long enough. Bet you're glad that's all over with now Well done for sticking with it.

[PAWS]

Re: Am I too late?

graphics-fireworks-158568.gifI am so happy for you! Fantastic and well done for having the guts to fight it. You see, it really is never too late!
What a team eh? You certainly had the smart beagles in your corner and their help was outstanding. You had this hanging over you for so long and now you have set yet another example for all us who still trembling under the sword of Damocles! For that I thank you.