Threatened to be taken to court for debt

[ay0ub24]

Hi all,

this is the first time posting on this so apologies if I make a mistake.

Basically I've received a letter by Nolan who are working with Cabot financial which I'll try to attach on this post. They are saying that court action is highly likely against a debt for £1951.96.

I'm really worried that I've been getting really depressed because of this as I've already got really bad anxiety already.

Basically what happened was back in 2013 I basically took out a loan from lloyds tsb ( now tsb) for 1956 pounds. But I had a credit card with them and an overdraft. which in total adds up to around £4000 worth of debt to tsb, to which cabot have "bought" now basically my account was randomly closed by tsb got a letter saying they are closing my account due to random money being brought into my account and I accidentally took it thinking I got paid as I was due to get paid at the same time.
Basically they have closed all my accounts down giving me a warning telling me they are closing my accounts down however I don't ever recall getting a default noticed about my accounts. I just know my accounts were closed down.

So I'm extremely worried on what's about to happen now as cabot use to phone me about 25 times a day I had to get o2 to block their number as it was beyond stressful getting all those phone calls ect.

I was wondering if yous can guide me on the right way to get out this mess. I still have until 2019 april to get them statue barred as in scotland it's 5 years since I live in scotland.

I'll attach the letters I have recieved on my mobile in a second.

Thanks

[nemesis45]

Re: Threatened to be taken to court for debt

Hi all,

this is the first time posting on this so apologies if I make a mistake.

Basically I've received a letter by Nolan who are working with Cabot financial which I'll try to attach on this post. They are saying that court action is highly likely against a debt for £1951.96.

I'm really worried that I've been getting really depressed because of this as I've already got really bad anxiety already.

Basically what happened was back in 2013 I basically took out a loan from lloyds tsb ( now tsb) for 1956 pounds. But I had a credit card with them and an overdraft. which in total adds up to around £4000 worth of debt to tsb, to which cabot have "bought" now basically my account was randomly closed by tsb got a letter saying they are closing my account due to random money being brought into my account and I accidentally took it thinking I got paid as I was due to get paid at the same time.
Basically they have closed all my accounts down giving me a warning telling me they are closing my accounts down however I don't ever recall getting a default noticed about my accounts. I just know my accounts were closed down.

So I'm extremely worried on what's about to happen now as cabot use to phone me about 25 times a day I had to get o2 to block their number as it was beyond stressful getting all those phone calls ect.

I was wondering if yous can guide me on the right way to get out this mess. I still have until 2019 april to get them statue barred as in scotland it's 5 years since I live in scotland.

I'll attach the letters I have recieved on my mobile in a second.

Thanks

Good morning welcome to LB,

I assume with Nolans involvement you are in Scotland?

nem

[Diana M]

Re: Threatened to be taken to court for debt

I assume with Nolans involvement you are in Scotland?

nem

Yes they are

I still have until 2019 april to get them statue barred as in scotland it's 5 years since I live in scotland.

Di

[Diana M]

Re: Threatened to be taken to court for debt

back in 2013 I basically took out a loan from lloyds tsb ( now tsb) for 1956 pounds. But I had a credit card with them and an overdraft. which in total adds up to around £4000 worth of debt to tsb, to which cabot have "bought"

From what you say this debt may include a combination of a loan and a credit card and possibly an overdraft too.

I think you should send a s 77-79 CCA Request to Cabot and also send a copy of it to Nolans solicitors. It's important to include the £1 statutory fee with the CCA Request to Cabot and send it Recorded Delivery too.

This forum has a template > http://legalbeagles.info/library/gui...etter-example/

Di

[ay0ub24]

Re: Threatened to be taken to court for debt

From what you say this debt may include a combination of a loan and a credit card and possibly an overdraft too.

I think you should send a s 77-79 CCA Request to Cabot and also send a copy of it to Nolans solicitors. It's important to include the £1 statutory fee with the CCA Request to Cabot and send it Recorded Delivery too.

This forum has a template > http://legalbeagles.info/library/gui...etter-example/

Di

Hi there,

However i do know they are only properly chasing the loan and they sent out letters before. I'm pretty sure the one they are pushing for is the loan

[Diana M]

Re: Threatened to be taken to court for debt

i do know they are only properly chasing the loan and they sent out letters before. I'm pretty sure the one they are pushing for is the loan

Then send a s 77-79 CCA Request to cover all bases and protect your legal positon.

I note from Nolan's letter that the debt owner is Cabot Financial (UK) Ltd who are unlicensed.

There are more ways to defeat a claim than an enforceable (which has yet to be decided) credit agreement. The creditor has to comply with all their statutory obligations not just one of them.

Di

[ay0ub24]

Re: Threatened to be taken to court for debt

Then send a s 77-79 CCA Request to cover all bases and protect your legal positon.

I note from Nolan's letter that the debt owner is Cabot Financial (UK) Ltd who are unlicensed.

There are more ways to defeat a claim than an enforceable (which has yet to be decided) credit agreement. The creditor has to comply with all their statutory obligations not just one of them.

Di

Should I send a CCA request for all my debt regards tsb or just this loan one that they are chasing and deal with the other debt later?

[Diana M]

Re: Threatened to be taken to court for debt

Should I send a CCA request for all my debt regards tsb or just this loan one that they are chasing and deal with the other debt later?

I'm not sure I've fully understood your question. I think you mean should you send three CCA Requests for the three different TSB financial products (loan, credit card and overdraft).

My suggestion was for you to send a s 77-79 CCA Request to Cabot for the debt which they are chasing (with a copy to Nolan solicitors in the hope they won't issue proceedings once they are made aware of the situation).

You seem convinced it is only the loan which they're chasing but in the event it's not make sure you refer to s 77 - 79 in your request.

Are you aware if the other two TSB accounts were also assigned to Cabot?

Di

[ay0ub24]

Re: Threatened to be taken to court for debt

I'm not sure I've fully understood your question. I think you mean should you send three CCA Requests for the three different TSB financial products (loan, credit card and overdraft).

My suggestion was for you to send a s 77-79 CCA Request to Cabot for the debt which they are chasing (with a copy to Nolan solicitors in the hope they won't issue proceedings once they are made aware of the situation).

You seem convinced it is only the loan which they're chasing but in the event it's not make sure you refer to s 77 - 79 in your request.

Are you aware if the other two TSB accounts were also assigned to Cabot?

Di

Hi there,

I've sent my CCA request yesterday. However today I've just received my intention to summon request and quite worried now. I've sent one to Cabot with the 1 pound postal order and I've sent a letter to nolans that the account is in dispute and they were both sent yesterday

[Diana M]

Re: Threatened to be taken to court for debt

I've sent one to Cabot with the 1 pound postal order and I've sent a letter to nolans that the account is in dispute

Did you include a copy of your CCA Request with your letter to Nolans solicitors or did you simply tell them that the account is in dispute?

It seems your letter may have crossed in the post with theirs.

Di

[ay0ub24]

Re: Threatened to be taken to court for debt

Did you include a copy of your CCA Request with your letter to Nolans solicitors or did you simply tell them that the account is in dispute?

It seems your letter may have crossed in the post with theirs.

Di

Yea, I've sent the CCA request to them aswell. However I've not received a reply to any of them just yet. As far as I know if they take me to court would that be unlawful as my request has been sent?

[ay0ub24]

Re: Threatened to be taken to court for debt

Did you include a copy of your CCA Request with your letter to Nolans solicitors or did you simply tell them that the account is in dispute?

It seems your letter may have crossed in the post with theirs.

Di

Hi Diana,

I've just received a reply for them even though 12 days has been requesting for 40 days to get the information.

I have attached a letter showing what they have said. What do I do now?

[MIKE770]

Re: Threatened to be taken to court for debt

Their problem not yours do no chasing, they know 40 days relate to other request not CCA1974s

[ay0ub24]

Re: Threatened to be taken to court for debt

Their problem not yours do no chasing, they know 40 days relate to other request not CCA1974s

So I don't need to do anything now since they have missed the deadline?

Ayoub

[MIKE770]

Re: Threatened to be taken to court for debt

see what they send next