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Cabot/Restons legal threat, what defense.

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  • #1

    Cabot/Restons legal threat, what defense.

    Hi there,

    I've just joined this site. I've read lots of threads, some great advice.

    I'm at lost how best to proceed. I have a credit card balance of £5500 which defaulted in 2011. I have been paying original creditor each month until they sold the debt to Cabot. On the lead up to christmas finances got very tight (self employed) and I cancelled my standing order to original creditor. I assume they did not forward payments to Cabot. The debt has had no payments made in 6 months.

    Cabot have passed it onto Restons who are demanding payment or they will file a claim against me.

    My question. Can i actually defend this claim? What would my defense be? I've been paying the debt for years and I'm only 9 months away from the credit agencies not reporting it on my file, a CCJ at this point would be the worst thing ever. I have sent a CCA off to Cabot, as of yet, no response. That would be my only defense that they do not have the original agreements.

    I've thought about offering a settlement at say 30%? I need to do what i can to avoid the CCJ.

    What are you thoughts?

    Thank you in advance.
    Tags: None
  • #2
    Re: Cabot/Restons legal threat, what defense.

    Originally posted by CF800 View Post
    Hi there,

    I've just joined this site. I've read lots of threads, some great advice.

    I'm at lost how best to proceed. I have a credit card balance of £5500 which defaulted in 2011. I have been paying original creditor each month until they sold the debt to Cabot.
    When, exactly? Did you receive a Notice of Assignment?
     On the lead up to christmas finances got very tight (self employed) and I cancelled my standing order to original creditor.
    Why did you continue paying the original creditor?
     I assume they did not forward payments to Cabot. The debt has had no payments made in 6 months.

    Cabot have passed it onto Restons who are demanding payment or they will file a claim against me.

    My question. Can i actually defend this claim? What would my defense be? I've been paying the debt for years and I'm only 9 months away from the credit agencies not reporting it on my file, a CCJ at this point would be the worst thing ever. I have sent a CCA off to Cabot, as of yet, no response. That would be my only defense that they do not have the original agreements.

    I've thought about offering a settlement at say 30%? I need to do what i can to avoid the CCJ.

    What are you thoughts?
    If Cabot have not fully complied with your CCA request within 14 days (12 + 2 for post), they cannot proceed with court action.
    Did you include the £1 payment, & did you get proof of posting?

    Thank you in advance.
    Hi CF800 & welcome to LB.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment

    • #3
      Re: Cabot/Restons legal threat, what defense.

      Hi,

      Notice came through in August i believe. I cancelled my payments to OC about 2 months after and never setup a payment plan with Cabot.
      • 1 thank

      Comment

      • #4
        Re: Cabot/Restons legal threat, what defense.

        Originally posted by CF800 View Post
        Hi,
        Notice came through in August i believe. I cancelled my payments to OC about 2 months after and never setup a payment plan with Cabot.
        That begs the question "What happened to those payments?"
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb

        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.

        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment

        • #5
          Re: Cabot/Restons legal threat, what defense.

          Originally posted by charitynjw View Post
          That begs the question "What happened to those payments?"
          Do you mean why didn't I start Cabot instead? Financial issues and I never thought I would be passed to solicitors so soon. What is the course of action here then? Accept that I'm going to get a CCJ no matter what I do?

          Comment

          • #6
            Re: Cabot/Restons legal threat, what defense.

            Originally posted by CF800 View Post
            Do you mean why didn't I start Cabot instead?
            You stated that you have made payments after having received an NoA. Were these credited to your account?
            Financial issues and I never thought I would be passed to solicitors so soon.
            What is the course of action here then?
            The ball is in their court; if they haven't sent you a compliant response to your CCA request, your initial defense will probably be based on that fact
            Accept that I'm going to get a CCJ no matter what I do?
            Long way to go yet!
            ####
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb

            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.

            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment

            • #7
              Re: Cabot/Restons legal threat, what defense.

              Ok, thank you. So for the time being I sit back and wait to hear from Cabot or see if claim papers land on my doorstep.

              Comment

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