Cabot have passed the debt to solicitors

[Warpa]

Re: Cabot have passed the debt to solicitors

The 3 letters you sent have no legal standard at all I'm afraid.

How much is still owed, or how much as Cabot asking for?

£5300

Have you done a cca request to Cabot, that does put them under legal notice to send a copyof the agreement you would have signed.

No, all I have sent are the 3 letters and the estopel. In those letters I believe proof of claim or something along those lines was asked for.


I am not sure why you would contact the ombudsman at this point.


Did Sainsbury defaulted you and do you still have that?
I believe they did, I may still have it around somewhere.
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[MENTION=45315]Diana M [/MENTION] m

Does the letter from the solicitor say anything about what may/might or will happen if you dont contact them

Only that if a settlement plan is not reached in 14 days they have been instructed to issue a claim against me.

Surely this needs to be put on hold until I receive all the relevant documents?

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What on earth have you been doing?

Been led down the garden path I would say...

[Guest]

Re: Cabot have passed the debt to solicitors

You certainly have been led down the garden path. They can get a copy of the agreement from Sainsbury and that is all they need to prove the debt is owed. How much exacly is outstanding on the original loan?

[Warpa]

Re: Cabot have passed the debt to solicitors

£5300. Some of my replies got buried in the quote a couple of posts up.

[warwick65]

Re: Cabot have passed the debt to solicitors

Warpa you need to get a cca to Cabot and copyof in solicitors off asap. Hopefully [MENTION=87380]Diana M[/MENTION] or [MENTION=6]Amethyst[/MENTION] will point you in the right direction. A letter asking for copies of what they will rely on in court to the solicitors as well. I dont have a template available im afraid.

[Guest]

Re: Cabot have passed the debt to solicitors

You said you don't mind paying what you owe and but would like proof that I do owe it ...

There is no doubt that you owe the money and if you are willing to pay what you owe then why do you need proof from Cabot? If Cabot are lying then they are committing fraud which is doubtful.

Your best bet is to negotiate a repayment with cabot, even offer a lesser amount like £2500 due to your circumstances, but if you own your own home i doubt they will accept your offer. Negotiate with them

[Warpa]

Re: Cabot have passed the debt to solicitors

You said you don't mind paying what you owe and but would like proof that I do owe it ...

There is no doubt that you owe the money and if you are willing to pay what you owe then why do you need proof from Cabot? If Cabot are lying then they are committing fraud which is doubtful.

Your best bet is to negotiate a repayment with cabot, even offer a lesser amount like £2500 due to your circumstances, but if you own your own home i doubt they will accept your offer. Negotiate with them

I need proof that what they say I owe is the correct amount. DCA's have been known to bend the truth, they need to provide me with a copy of the original agreement that is legible.

[Guest]

Re: Cabot have passed the debt to solicitors

Yes you are correct, you are entitled to know or see a copy of the agreement. Therefore, contact them again with 1 letter (not 3) or a telephone call and ask for confirmation.

[Warpa]

Re: Cabot have passed the debt to solicitors

Yes you are correct, you are entitled to know or see a copy of the agreement. Therefore, contact them again with 1 letter (not 3) or a telephone call and ask for confirmation.

So send a CPR18 request to Cabot and forward a copy to their solicitors?

[warwick65]

Re: Cabot have passed the debt to solicitors

No
Cpr 18 is not to be used now. That maybe after a Claire is issues.

[Guest]

Re: Cabot have passed the debt to solicitors

Try asking again for a copy of the agreement or supply a confirmation letter from sainsbury that they have handed the debt to cabot. Sainsbury should have contacted you with this

[warwick65]

Re: Cabot have passed the debt to solicitors

Warpa

Please please trust me on this one

You need a S77 request to Cabot and enclose the £1 fee. Send by RM signed for and keep copies

Here is a link to the template
http://legalbeagles.info/forums/show...y-of-Agreement

Then you need to send a response to a LBA to the solicitors

Here is something that I used

[Type your full name]
[Type your full address]
[Pick the date]
Type the firm or company name
Type the address of the firm or company
Dear Sirs
Ref: Enter as per letter received.
Thank you for your letter dated Pick the date on letter you are responding to. . As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”
Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I require copies of the following:

1. The original Type agreement or contract as appropriate.;
2. The Default Notice;
3. The Notice of Assignment; Delete if the account has not been sold.
4. Statements of account;

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.
DELETE THIS PARAGRAPH IF A CCA REQUEST HAS NOT BEEN SENT OR IS NOT APPLICABLE.Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.Type 77 for loans or 78 for credit cards and catalogue accounts. on Pick the date when the CCA request was sent.and I am awaiting a response from Enter the creditor’s name..
I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours faithfully,

Your full name

Make sure you edit it as appropriate

You may want to send a SAR to sainsbury , for that you send a fee of £10 although you may not need to at this point

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Suzy

I am sure your intentions are good but please try to follow the tried and trusted ways , going off half cock achieves nothing
Letters that are not in the correct format are not so good either and will be ignored

Try asking again for a copy of the agreement or supply a confirmation letter from sainsbury that they have handed the debt to cabot. Sainsbury should have contacted you with this

[Warpa]

Re: Cabot have passed the debt to solicitors

Sainsbury have sold the debt and from my understanding probably won't want to talk to me either. I can't believe for one minute they will buy the debt back from Cabot.

[Warpa]

Re: Cabot have passed the debt to solicitors

Sloane
Not sure where you get your law from but it aint british law.
There is nothing to say you can tell them what to pay and nothing yo say what the minimum is.

You can make an offer but i would only do that if they can prove Its enforceable. It would also be more like to be agree to if back up with evidence.

This thread is looking more like amateur hour on Goodf than LB

I must admit I'm no expert in this field but have been on debt management forums for a couple of years just passing time.
The Inormation I've been given here is the opposite to what I have been reading in other threads.
So to summarise I need to get a letter off to Cabot with a £1 postal order and send a copy to their solicitors all recorded delivery.

[warwick65]

Re: Cabot have passed the debt to solicitors

I must admit I'm no expert in this field but have been on debt management forums for a couple of years just passing time.
The Inormation I've been given here is the opposite to what I have been reading in other threads.
So to summarise I need to get a letter off to Cabot with a £1 postal order and send a copy to their solicitors all recorded delivery.

Warpa

yes that is correct using the S77 procedure that PT said , it is S77 for a loan and S78 for a credit card , the majority of the cases on here are S78 which may account for PT's typo

I must stress, Suzy's advice is not so hot. It leaves the field wide open for misinterpretation with Cabot thinking you are making a payment of £1 rather than paying the statutory fee for your S77 request

I would say draw a line under what has gone before and start with the new S77 request . That way there can be no mix up about what you are asking for.

Again, I must agree with PT when he says see what sort of case they have before negotiating , to give you some idea, I have substantial debts which I have not made any payments to for 5 years now, a high proportion of that debt can not be enforced because they either do not have the agreement ( or even a copy) or the agreement does not comply with the law. So in 12 months or so, yes the debt will have gone away.

It is not all plain sailing though

To sum up

Yes use the template letter and enclose a cheque or postal order for £1 . Send it royal mail signed for to cabot . I always keep copies of the letters and cheques and I usually reference the cheque reference number in the letter so for example
Please find enclosed cheque number 123456 for £1 as my payment for the statutory fee under the consumer credit act

If you can remove any chance they can misinterpret it , it only helps yourself

[warwick65]

Re: Cabot have passed the debt to solicitors

Thanks warwrick65 I'll get the letters printed out this evening. Also thanks to PT, I have read his blogs with interest.
When the S77 gets sent out does that automatically put a hold on the 14 day deadline they have given me?

Hi Warpa
Sadly no it doesn't automatically stop anything but it is a powerful tool.
That is why I suggested sending the pre action response to the the solicitors as well

Just as an aside, 5 years ago when i didn't know what they were, I received a letter before action. I sent a S78 ( credit card) request , it was a coincidence as i didn't send it in response to anything. That was the last I ever heard of the account.

Yu are correct PT works in the field so knows what he is talking about

Yes i am fully aware of legislation. Very rarely the creditor will ask for the £1 fee (forgot), all that is required is a pre action protocol and that both sides can show that they have tried to fix the problem. The £1 fee is for consideration and a prevention of the creditor asking for more.

Dear Cabot

On [date] i sent letter number 1 requesting to see the agreement. Please ignore letter 2 and 3 as i was ill advised. Here is the £1 please send copy of agreement requested earlier in letter 1.

Suzy
You advice is wrong and dangerous. The pre action letters may have an effect when it comes to court but only showing the claimant was acting unreasonably, it will not stop them winning

S77(1) however, with the statutory fee means that once sent, they have 14 working days to respond ( 12 + 2 for post) and if they can not , then the account becomes unenforecable until they do because of S77(4)

S77 is not a fix all but it may well buy breathing space, especially if the solicitor knows it has been sent.

May I suggest you read PT's blog , quite interesting
[MENTION=551]pt2537[/MENTION]
Is Warpa doing the right thing by sending
1) A S77 request
2) A CPR response letter such as the one I posted

I will not be offended if you or [MENTION=87380]Diana M[/MENTION] or [MENTION=6]Amethyst[/MENTION] say differently