Cabot have passed the debt to solicitors

[sloane82]

Re: Cabot have passed the debt to solicitors

Write a letter to cabot to get your credit agreement, then do a subject acess request, and also ask regarding ppi they cant expect you, to pay them £5000 straight away that is odd.

[Warpa]

Re: Cabot have passed the debt to solicitors

I sent this back in November, ill put a copy of their reply shortly. I should have added all this at the beginning. Ive now put everything in order into a file.

20th November 2016


Dear Deborah Green

Thank you for your recent contact dated: 10th November

I feel this matter is serious and wish to deal with it in writing. I do not give you permission to contact me by telephone. I will be logging the dates and times of your calls and messages and should they continue, I must warn you that they will now constitute ‘harassment' and I may take action under Section 1 of the Protection from Harassment Act 1997 and the Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor's agent to make demands (for money), which are aimed at causing 'alarm, distress or humiliation', because of their frequency or manner.

Please provide verification of your claim, by providing me with true and certified copies (Not photocopies) of the Deed of Assignment (NOT Notice of Assignment) and Deed of Novation. Please also provide me with the name of the individual who is the duly authorised representative from your company, who has seen the Original Note and is certifying these assignments as certified copies and that your company now has the Original Note (Credit Agreement) under penalty of perjury and with unlimited liability and confirm that the Note has never been sold prior to your company purchasing this account. Please also confirm the name of the individual who is the duly authorised representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.


Please provide this information and documents within ten (10) days from the above date, so that I may settle any financial obligation I might lawfully owe. Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer you will be held culpable; you agree to pay all fee schedules; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

[Warpa]

Re: Cabot have passed the debt to solicitors

They have said they don't need to provide me any info.

[Guest]

Re: Cabot have passed the debt to solicitors

You have acknowledged that this debt is yours this is why you have not received the documents requested. That is all the judge needs.

[warwick65]

Re: Cabot have passed the debt to solicitors

Hi Warpa

It was unfortunate that you found the forum you did , I know it sounds convincing , it is just wrong. Maybe, and I can't say for sure. maybe , Cabot have marked you as an easy mark because you sent letters that had no really basis. To be honest when I read some of the letters I sent in the early days I now cringe and wonder what i was thinking of.

Now you are on the right track and almost shall we say , starting afresh, lets hope they may think twice.

As for the DOA, what they say is right although there is no reason why you can't ask for it if a claim is made and maybe force disclosure but for that i would get advice as there are some fees involved although if you are on a low income there is fee remission.

Its also good that you have many if not all the letters they have sent you as logic would dictate that if you say to a court, they did not send this and I know because i have all these letters filed and organised, you may seem like a more credible witness.

Good luck and keep us posted

[warwick65]

Re: Cabot have passed the debt to solicitors

You have acknowledged that this debt is yours this is why you have not received the documents requested. That is all the judge needs.

There is more than one way to skin a cat

There are many routes to unenforceability or the ability to defend a claim such as non compliant Default notice

I know of a case where the defendant had been paying regularly for many years but when it was taken to court the claim was defeated because various aspects of the claim and management were fault.

[Warpa]

Re: Cabot have passed the debt to solicitors

So where do I go from here as I seem to have thrown a massive spanner in the works.

[warwick65]

Re: Cabot have passed the debt to solicitors

Try not to panic and go back to the basics as i suggested before
1) CCA request
2) Response to the solicitors ( with copy of CCA request )

What is done is done and can't be altered but you can start afresh . Personally i would just ignore what has happened before , don't mention it.

[Guest]

Re: Cabot have passed the debt to solicitors

What are your circumstances i.e do you work? do you own your own home?

[Warpa]

Re: Cabot have passed the debt to solicitors

Yes I'm self employed and own my own home. In my 50's and paying interest only on my mortgage so not a lot of hope that will be paid off, but that's another story not for here.

[Guest]

Re: Cabot have passed the debt to solicitors

That's why they are after the full amount, they can apply for a charging order on your home

[warwick65]

Re: Cabot have passed the debt to solicitors

That's why they are after the full amount, they can apply for a charging order on your home

I see your crystal ball is out again

They have a long way to go before they can apply for a charging order, just a little matter of issuing a claim and winning!
If the worst comes to the worst you can probably avoid a CCJ with a Tomlin order
Let's be honest, if they do so win and they do get a charging order - so what? Not ideal but not the end of the world.

You have no idea why exactly they may be issuing a claim.

I have a claim against be for in excess of 5K and I have no assets, no job and no prospects of one in the next 12 months at least either - sorry if that blows your theory out of the water.

[Kati]

Re: Cabot have passed the debt to solicitors

OK
[MENTION=92657]Warpa[/MENTION] ... I have moved the unnecessary posts from your thread to here (http://legalbeagles.info/forums/show...uest-yes-or-no) - I fully agree with [MENTION=98117]warwick65[/MENTION] that you need to get the correct advice on this (and there are Beagles on here that can give you that help [MENTION=551]pt2537[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION] to name but three)!
Please don't think that there is no way out yet ... there might well be something wrong with the paperwork that one of the Beagles I've tagged can pick out

K xx

[Warpa]

Re: Cabot have passed the debt to solicitors

OK
[MENTION=92657]Warpa[/MENTION] ... I have moved the unnecessary posts from your thread to here (http://legalbeagles.info/forums/show...uest-yes-or-no) - I fully agree with [MENTION=98117]warwick65[/MENTION] that you need to get the correct advice on this (and there are Beagles on here that can give you that help [MENTION=551]pt2537[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION] to name but three)!
Please don't think that there is no way out yet ... there might well be something wrong with the paperwork that one of the Beagles I've tagged can pick out

K xx

Thanks you so Much! I may actually be able to get some sleep tonight. I do suffer from anxiety and panic attacks without all this.
I'll leave this thread for tonight and see where it goes as my head is in a pickle at the moment.
But just a recap;
Send CCA request to Cabot and forward to solicitors, but no pressure action letter to the solicitor yet?
If this is correct could a fresh link be posted in a reply to the cca request letter and the pre action letter if it's needed.
Again, thank you all for your help.

[Guest]

Re: Cabot have passed the debt to solicitors

Good Luck