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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Cabot Finance - Egg credit card


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please can someone advise.

 

I had an Egg cc many years ago, the debt seems to have been passed to Cabot finance.

 

I haven't paid anything or acknowledged the debt in more than 6 years.

 

Recently Cabot contacted me chasing the debt.

 

I replied with a statute barred standard letter.

 

Cabot replied advising the account was Terminated in 2011 and this ensures the debt is still active.

 

There is also a default from Cabot on my credit report from November 2011

although they didn't contact me and no payment has been made for years prior.

 

Please advise what course of action I can take?

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Check your own files, obviously nothing powerless DCA's say is the truth, but you need to be 100% certain

this is SB.

 

Can you confirm exactly when you last paid anything toward this?

 

Do you know when the acct was defaulted and then terminated?

Do you still have the DN smeg would have sent you?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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termination date does not reset SB

 

 

silly beggars.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have my credit report and Cabot defaulted me in November 2011.

 

This is when they say the account was also terminated.

 

I've not paid in years, more than 6 years, I think. I can recall a payment in the last 10 years.

 

What's a DN SMEG? Default notice? (Apologies for my ignorance) I never received any notice of a default.

 

Only saw it when I checked my credit report.

 

What action should I take?

 

Correction Marlin Finance has given me a default notice, but I understand Cabot and marlin are one of the same?

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I would expect that the OC [EGG] defaulted you before they sold the debt on

 

 

pers I'd be sending EGG an sar to the Canadian square address

if you were wanting to do anything

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I certainly would not be inviting letter tennis.

 

you've stated your position

[which IMHO I would never do

if the debt is SB'd, let them issue a court claim and get egg on their face and waste money!!)

 

see what they do

 

if you need to prove your last payment

then SAR to egg is the way to go.

 

crabot know wfull well on a credit card/loan

SB date is about 1month after your last payment

and they've lost in court numerous times too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Is it worth sending a prove it letter to Cabot?

 

I'm certain I've not made a payment but I'm second guessing myself because, well I guess I'm less confident than they are. And Court is intimidating.

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to what end?

 

you say its SB'd

 

end off IMHO

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

that's what the sar is for

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Cabot replied advising the account was Terminated in 2011 and this ensures the debt is still active.

 

which is garbage.

 

I've not paid in years, more than 6 yearslink3.gif, I think. I can recall a payment in the last 10 years.

 

which was prior to assignment to the debt buyer I bet

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Cabot quoted section 5 of the Limitations act 'An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.'

 

They say the action was termination. Is that possible?

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not on a credit card no

 

 

but if you read around, you'll see cabot have their own unique take on many things just like

esp a CCA request time limit.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You're believing the garbage crapbot are sending you, don't!

 

There is absolutely no truth in anything a powerless DCA ever says, they are simply trying to intimidate you

and exploit your lack of knowledge about debt collection, they, like politicians, are skilled liars, and nothing they say holds any water.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The default stays the same, or at least the date of default does, the only thing that should change is the name of the clown chasing it.

 

If they change the dates to suit their own needs then that is cause for a very loud complaint to the ICO, and could be money in your pocket!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 years later...

I realised I hadn't updated this post and thought anyone going through the same might find a conclusion helpful.

 

The debt was removed from my credit history,

something I had heard was impossible,

and the debt was agreed to be Statute Barred.

 

The paperwork was clearly well below par and both Marlin and Barclays wanted to get shot of me.

 

Good luck to anyone else going through this.

 

It's stressful but the advice I received here was good!

 

Tobe

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so when did it vanish off the file then

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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well done

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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