my friend cabot financial

[helltitan]

Re: my friend cabot financial

Good Morning nemesis and flamingparrot , once again thank you both for your reply . i will add notice of assignment to the CPR , will post final document . before i send , interesting comment regarding cabot financial uk ltd not having a consumer credit license
many thanks andrew

[nemesis45]

Re: my friend cabot financial

Yes, you can add the notice of assignment which is a document you should have received telling you that your Halifax account had been sold to Cabot. Whenever a debt is sold to a new owner, you should receive a notice of assignment informing you of the fact. :thumb:

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It was for the CPR request that I said is should be included as it was on the PoC that the account was assigned.

As Helltitan spoke of adding to the letters ( plural) I wanted to sure it was not requested with the CCA. Just making sure it didn't go wrong.

[FlamingParrot]

Re: my friend cabot financial

Good Evening all , had a fantastic letter today could do with some advice, not even sure this letter is genuine , as have logged in to moneyclaim today entered all info and come back with error in claim no and password . many thanks helltitan

Looking at your claim, it would appear it was issued under the wrong company name: Cabot Financial (UK) Limited, who no longer have a consumer credit license. http://www.legalbeagles.info/forums/...537#post581522

Oooopsie! :grin:

[FlamingParrot]

Re: my friend cabot financial

Good Morning Flamingparrot,
Thank you for your replay , what is notice of assignment , i can add to letters not sent yet have saved drafts so can edit, would notice of assignment be the document that was issued to the debt collection company,
so would i insert notice of assignment under contract between the defendant and the halifax . ie 1 contract between etc. 2. notice of assignment.
many thanks andrew aka helltitan

Yes, you can add the notice of assignment which is a document you should have received telling you that your Halifax account had been sold to Cabot. Whenever a debt is sold to a new owner, you should receive a notice of assignment informing you of the fact. :thumb:

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Good morning Andrew
A notice of assignment is the letter sent by the Creditor and/or the debt purchaser telling the debtor
that the creditor has sold its interest in a debt to a debt purchaser.
It should be requested under CPR 31.14 if an NOA is mentioned in the Particulars of Claim.

The NOA Cannot be requested with a CCA request.
nem

It was for the CPR request that I said is should be included as it was on the PoC that the account was assigned.

[nemesis45]

Re: my friend cabot financial

Good morning Andrew
A notice of assignment is the letter sent by the Creditor and/or the debt purchaser telling the debtor
that the creditor has sold its interest in a debt to a debt purchaser.
It should be requested under CPR 31.14 if an NOA is mentioned in the Particulars of Claim.

The NOA Cannot be requested with a CCA request.
nem

[helltitan]

Re: my friend cabot financial

Good Morning Flamingparrot,
Thank you for your replay , what is notice of assignment , i can add to letters not sent yet have saved drafts so can edit, would notice of assignment be the document that was issued to the debt collection company,
so would i insert notice of assignment under contract between the defendant and the halifax . ie 1 contract between etc. 2. notice of assignment.
many thanks andrew aka helltitan

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also thanks nemesis

[FlamingParrot]

Re: my friend cabot financial

Afternoon all, thank for ur replays and assistance have drafted 2 letters to cabot and restons if u could just check these for me before i send that would be wonderful many thanks helltitan

I would have added the notice of assignment to the CPR request letter because I've just looked at the particulars of claim and they do mention the account was ASSIGNED to the Claimant.

Also am still unable to respond to moneyclaim still telling me password claim number invalid will send off acknowledgment of service via form n9 in the response pack , i have also rang the court no one answers rather odd for a court really.
still many thanks
helltitan

Sadly there are often problems with MCOL and the 'court' in question is not an actual court as such, it's just the centralised processing centre for electronic money claims. If may well be they are all busy trying to sort out technical difficulties and have no time to answer the phone.

You can acknowledge service and file a defence by email or by post, using the forms provided. Just make sure you use recorded delivery and allow enough time for service if using the post. :thumb:

[nemesis45]

Re: my friend cabot financial

Also am still unable to respond to moneyclaim still telling me password claim number invalid will send off acknowledgment of service via form n9 in the response pack , i have also rang the court no one answers rather odd for a court really.
still many thanks

helltitan

Hi helltitan,

The letters are good to go!!
signed for post on the CCA request and check delivery date the `12 + 2 Working days starts then.
NCCBC is incredibly busy probably thousand waiting to get through.
Acknowledgment by post is fine use signed for post for safety.

nem

[helltitan]

Re: my friend cabot financial

Also am still unable to respond to moneyclaim still telling me password claim number invalid will send off acknowledgment of service via form n9 in the response pack , i have also rang the court no one answers rather odd for a court really.
still many thanks
helltitan

[helltitan]

Re: my friend cabot financial

Afternoon all, thank for ur replays and assistance have drafted 2 letters to cabot and restons if u could just check these for me before i send that would be wonderful many thanks helltitan

[FlamingParrot]

Re: my friend cabot financial

Good morning flamingparrot
Thank you for your reply i think that the last payment may have been around 2009/2010 so may not be statute barred. once again thank you all for your constructive replays and assistance. wiil post cca and cpr to the relevant parties this morning and see what comes back.
Many thanks
helltitan

Morning

If it was in 2009, it would depend on when in 2009, bearing in mind the clock stopped when the claim was issued. It may be worth digging a bit deeper to find out as there's quite a difference between defending on the basis of SBd and defending on the basis of no documents provided. The burden of proof is on the claimant to establish a debt is not SBd. :thumb:

[helltitan]

Re: my friend cabot financial

Good morning flamingparrot
Thank you for your reply i think that the last payment may have been around 2009/2010 so may not be statute barred. once again thank you all for your constructive replays and assistance. wiil post cca and cpr to the relevant parties this morning and see what comes back.
Many thanks
helltitan

[FlamingParrot]

Re: my friend cabot financial

Good Evening all , had a fantastic letter today could do with some advice, not even sure this letter is genuine , as have logged in to moneyclaim today entered all info and come back with error in claim no and password . many thanks helltitan

It looks real, MCOL often have problems, you can give their helpdesk a ring tomorrow. Failing that, you can acknowledge service by email. Email ccbcdefendants@hmcts.gsi.gov.uk. In the subject heading you write CLAIM xxxxxx CABOT -V-HELTITAN - ACKNOWLEDGMENT OF SERVICE. You can then complete the acknowledgment of service form N9 ticking the box that says you intend to defend all of the claim, scan and attach to the email. :typing:

also may add no barcode on claim form aswell as stamp not stating which court

Most money claims are issued electronically via the Northampton Bulk Centre.

Thanks Nibbler,
Guess ill need to deal with this , i have not relayed to the claim as of yet , from reading the post i need to request a cca from restons solicitors . it seems the general defence is lack of documentation from the solicitors, and the acknowledment of service
many thanks helltitan

You need to send the CCA request to CABOT and the CPR request to RESTONS. You can't defend arguing lack of documents yet, just acknowledge service, then you'll have a total of 33 days to file a defence.

hi Nemesis , thanks for the reply , the above claim is for a credit card , i have not contacted or replied to the court , recieved letter today

also where can i find info regarding if this claim is barred , i think that the correct term .
ty

You mean statute barred? That would be if there's been no payments or written acknowledgment in at least six years. You'll need to go back to your own records or contact the original creditor to find out when you last made a payment, any idea around what year that would have been?

Statute barred is an absolute defence. :grin:

[nemesis45]

Re: my friend cabot financial

hey nemesis,
That looks like a plan ill get that sorted tomorrow morning ill send recorded to both parties ,
Yes the information they have supplied is some what vague, i thank you all for your advice , and assistance with out people like your selfs most of us would be lost
many thanks
helltitan

Always happy to help helltitan!!

nem

[helltitan]

Re: my friend cabot financial

hey nemesis,
That looks like a plan ill get that sorted tomorrow morning ill send recorded to both parties ,
Yes the information they have supplied is some what vague, i thank you all for your advice , and assistance with out people like your selfs most of us would be lost
many thanks
helltitan