Cabot Financial Vs TommyWal

[charitynjw]

Re: Cabot Financial Vs TommyWal

Your defence needs to be filed at court by 14th Jan.

[nemesis45]

Re: Cabot Financial Vs TommyWal

Hi all. Update. Received a letter dated 23/12/2016 from Mortimer Clarke.

"We acknowledge your request for documents pursuant to Section 78 of the Con sumer Credit Act 1974 and CPR 31.14.

For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can.

I'm the meantime, the matter has placed on hold and no further action will be taken."

So I wait and see what they say!

Hi Tommy,

The " on hold" From Mortimer Clarke means nothing in terms of the court process so take care.

nem

[TommyWal]

Re: Cabot Financial Vs TommyWal

Hi all. Update. Received a letter dated 23/12/2016 from Mortimer Clarke.

"We acknowledge your request for documents pursuant to Section 78 of the Con sumer Credit Act 1974 and CPR 31.14.

For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can.

I'm the meantime, the matter has placed on hold and no further action will be taken."

So I wait and see what they say!

[Diana M]

Re: Cabot Financial Vs TommyWal

tell me whether I should answer phone calls from Cabots solictors (mortimer clarke) or should I just I continue to communicate by post?

I am worried that they are going to harrass me and try to get me to pay money out.

They may be ringing you about the other debt they have of yours.

As has been said, everything in writing - they'll soon tire of ringing. Cabot use autodial so they won't know whether you're ignoring them or out Christmas shopping

Have you sent the SAR to Capital One?

Di

[TommyWal]

Re: Cabot Financial Vs TommyWal

Thanks nem. I will await their reply to my CPR and also the CCA from Cabot. Thank you guys!

[nemesis45]

Re: Cabot Financial Vs TommyWal

Hi, could anyone tell me whether I should answer phone calls from Cabots solictors (mortimer clarke) or should I just I continue to communicate by post?

I am worried that they are going to harrass me and try to get me to pay money out.

For your own safety keep everything I writing Mortimer Clarke is not there to help you it is owned by Cabot.

nem

[MIKE770]

Re: Cabot Financial Vs TommyWal

got myself BT call guard answer machine end of these silly calls as are blocked

[TommyWal]

Re: Cabot Financial Vs TommyWal

Thanks Mike770. That was my thought. They've been calling everyday. I will continue with advice given.

[MIKE770]

Re: Cabot Financial Vs TommyWal

in writing only

[TommyWal]

Re: Cabot Financial Vs TommyWal

Hi, could anyone tell me whether I should answer phone calls from Cabots solictors (mortimer clarke) or should I just I continue to communicate by post?

I am worried that they are going to harrass me and try to get me to pay money out.

[nemesis45]

Re: Cabot Financial Vs TommyWal

Hi Di.

The other Cabot account is owed a fraction of the one in question that I have had a Claim issued against me for. I doubt they will bring that one to court. I really have no idea how to proceed other than to follow the advice had so far. With regards to PPI I do not think that I have it at all.

Cabot cannot bring the other alleged debt to the notice of the court so don't worry about that.

Get the CCA and CPR requests sent asap using the forum templates as a guide.

Sort this debt first then we can deal with the lesser one.

nem

There's few free PPI checkers online nay be worth being sure.

[TommyWal]

Re: Cabot Financial Vs TommyWal

Hi Di.

The other Cabot account is owed a fraction of the one in question that I have had a Claim issued against me for. I doubt they will bring that one to court. I really have no idea how to proceed other than to follow the advice had so far. With regards to PPI I do not think that I have it at all.

[Diana M]

Re: Cabot Financial Vs TommyWal

Do you recommend I do a DSAR or just go ahead with the CCA and CPR? I think I do have more than one account with Cabot also.

The Subject Access Request goes to the original creditor (Capital One) so you can see the full history of the account including the Transaction Log.

This will become useful if you are sent any reconstituted documents and you need to question if they're 'honest and accurate'. It also helps to establish Statute Barred dates if that becomes an issue. And it can establish whether there was PPI on the account (was there?).

If you have more than one account with Cabot why not make a short post describing them in case it's wise to send a CCA Request to them for those ones too. The week before Christmas is 'peak season' for debt purchasers to issue court claims so it's good to get ahead of the game.

Deal with this claim first and then ask for help on any of the other debts after that

Di

[TommyWal]

Re: Cabot Financial Vs TommyWal

The default date is showing as 03/10/2014. I cannot remember or see when I last made paymenr or made contact with Capital One regarding this. There is no history really apart from struggling to keep up payments at the time which has led to this point. Do you recommend I do a DSAR or just go ahead with the CCA and CPR? I think I do have more than one account with Cabot also.

[nemesis45]

Re: Cabot Financial Vs TommyWal

Thank you so much for the links.

Good afternoon Tommy,
[MENTION=5553]charitynjw[/MENTION] and [MENTION=49370]Kati[/MENTION] have got you on the right track!

Can you please give us some history of the debt?
Does the account appear on your credit reference files? You can check Noddle and Clear Score free online.

When did payments cease?

What is the default date?

Was there any ongoing dispute with Capone?

A DSAR = Data Subject Access Request made under the provisions of the Data Protection Act 1998 requires the recipient to provide all personal data it holds on you the data subject, if you for instance have more than one account with a creditor all data must be provided.

There is a £10 statutory fee to pay and the timescale is 40 calendar days.

nem