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  1. OK. Thanks for the edit, I tried to space it out after posting but it wouldn't seem to have it.I'm a little annoyed that they won't directly reply to any of my requests, specifically about payment history and balance of account. I suppose that I don't have many rights now I'm under the Cabot umbrella though and they have charging order?
  2. Hi all,Not been around for a while, I've tried to forget about legal matters and debts but Cabot are continuing to haunt me.Some of you may remember this episode I had in 2007/2008http://www.consumeractiongroup.co.uk/forum/showthread.php?95027-Cabot-County-Court-Claim-FormSo, the short of it is, I've been paying Cabot an agreed amount monthly since the court decision. I've been writing a single cheque made out to Cabot Financial Europe Ltd. Included the 3 accounts and my name and address on the back of the cheques. The cheques are being cashed.Now, apart from the odd letter stating late payment (by the odd few days), I've not heard too much from then - until recently.9 June 2012 - Letter from Cabot / Quantum debt recovery stating that 2 of the accounts are overdue, threat of Wright Hassal LLP to be involved and that they are aware of a charging order on my property21 June 2012 - I replied saying that payments have been paid, none missed (and that I can prove the payments by cheque) since the 'agreement' in Sep 2008. I also asked for a breakdown of the 3 accounts with all payments made and balance. 19 July 2012 - Letter from Cabot / Wright Hassal ;"We understand that you may currently have a charging order in place on your property; however you have failed to make contact with our Client.Unless we hear from you within the next 10 days of the date of the letter, we may obtain a copy of your credit file which we will review in order to obtain a better understanding of your finances.Your credit file will help us to understand;1) What assets you have2) Your current employment status3). Your ability to repay based on this information we will assess the potential for further enforcement action to recover this debt."I have not replied yet to this letter as Cabot didn't respond to my previous request,and I would like some opinions of the fine people at CAG before I do so.I never accept phone calls from unknown numbers and I always instruct them to contact me by writing which I hope I am within my rights to do so? I just can't cope with speaking to anyone associated with Cabot and can't think straight in that situation. Just to reiterate, payment by cheque has been made every month since Sep 2008 without fail, help please !!
  3. Thanks for that. Can anyone give me any details on the appeal process. Where do I appeal (local court), which forms etc..
  4. OK. I'll check with them. Can anyone give me a quick rundown on what I need to do and where to get the appeal application and any other points I should know. Cheers
  5. OK folks, anyone care to chip in with advice again please... Just spoken to a nice lady at Probono and she tells me that they cannot meet the deadline for appealing the case and cannot make a decision as to whether they will accept it or not yet. I asked them to hold on to the documents for the time being while I decide what to do. By my estimate, I can appeal before the 24th of this month. Should I do this and then ask Probono to take a look at the case and work on it (bearing in mind they might still not accept). I presume once an appeal is filed then you can't withdraw it? Shall I or shan't I?
  6. I don't see myself as negative PT, far from it. The whole thing has made an impact on my personal and work life and you need to be realistic about pros and cons about challenging the court again I feel. The debt has now risen by £11K already in the last year. I've not completely given up, I'll wait to see what the Probono guys say. No need for everyone to go home (seems a popular quote that one), I'm sure the work being done here in response to my case will no doubt help others and counter the scumm DCA's again.
  7. Not sure, about a week or so I think, I'll have to check. To be honest, I'm almost feeling like I can't do any more anyway. It's been a pretty grim 18 months and affected my life so I may just pack it all in. I'll see what the Probono say but I noticed another thread the other day where someone had approached them and they didn't have time to look at the case so not holding much hope. We'll see...
  8. Well, all I wanted them to do was sign the application to Probono. They were a bit hesitant but eventually persuaded them. I've bundled everything together and sent it all off yesterday.
  9. I'm not bothered about it being hijacked. It's all relevant.
  10. PT, Can you summarise what's been discussed on this thread since the courts decision as there is a lot of opinion and information and I'm unsure as to any conclusion? I tried to show Blackstones in court but was given fairly short shrift by the judge. Anyway, I'm off to CAB now to try and get my Probono accepted.
  11. I'm trying to get an application off to Bar Probono later today after seeing local CAB to authorise it. Can anyone tell me if there is a standard time to appeal against court decisions? Also Surfaceagent, bearing in mind the recent discussions on this thread, do you maintain that there is little chance of successful appeal? Cheers
  12. Thanks for the info. I can scan the sale agreement in no problem if it will help anyone. Can someone tell me whether I should be doing this or not, bearing in mind it is an agreement between Barclaycard and Cabot? If I should send it directly to members then let me know who wants it please. Cheers
  13. Am I correct in thinking, as I said before, that regardless of enforceable agreement or not, if the agreement is terminated the debtor has no rights at all due to DCA not having any duties (CCA 1974 or otherwise)? It seems that after termination, I have nothing to argue in regards our favourite act!
  14. I think Surfaceagent has summed the whole thing up quite well. I'll still be contacting Probono to see what they say however. I'm pretty much stuffed by the look of it, I could of maybe paid the debt off in reasonable time but it's gone from £17K to £28K with the court proceedings and I would be about 253 years old by the end. After ageing 10 years in the past year I don't hold up much hope off reaching that spritely age. I can't stomach the fact that I have to pay all that back, especially as the debt was purchased for maybe £2K. I'm wondering about a lot of things, I received a court claim 5 days before a LBA for instance so had no opportunity to resolve the debt. We'll see if pro bono can offer anything but I'm doubting that now. I suppose an option still open is bankruptcy, big call but maybe that is the way to go. I earn a fair salary, own a property (negative equity of course) and 3 kids to support so my disposable is limited. If it was anyone else (i.e. the OC) then I would think different perhaps. At least the sun is shining this evening...
  15. Thanks for your input, you clearly know your stuff. I, too am sorry for the outcome as the debt has now risen by £11K with costs and expenses of witness\claimant staying in the best hotels in town. Anyway, thanks for your time. I may have some more questions over the next few days if you don't mind me PM you?
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