Can Cabot do this?

[steveoram1]

Spoke to a nice lady at Cabot last week 20/5/08 to chase up a CCA I sent some time ago but stupidly not sent recorded so they obviously denied receiving it. Told her I disputed the amount owed and I would be sending another one. Duly dispatched with a paragraph in the letter asking for no enforcement action to be taken as the amount was obviously in dispute. Imagine my surprise when I recieved a claim form from Northampton County Court this morning. Question is - Can they do this?

[PGH7447]

In the original CCA request did you inlcude the £1 payment? if so did they cash it?

[mr.ton]

Spoke to a nice lady at Cabot last week 20/5/08 to chase up a CCA I sent some time ago but stupidly not sent recorded so they obviously denied receiving it. Told her I disputed the amount owed and I would be sending another one. Duly dispatched with a paragraph in the letter asking for no enforcement action to be taken as the amount was obviously in dispute. Imagine my surprise when I recieved a claim form from Northampton County Court this morning. Question is - Can they do this?

 

Aaaahh the infamous Northampton County Court - ive had so many letters off them over the years & nothing has happened.

Part of me is now convinced that this "county court" is a made up one by the DCA's

[rory32]

Imagine my surprise when I recieved a claim form from Northampton County Court this morning. Question is - Can they do this?

They can, although they shouldn't. Northampton is the bulk processing centre so if you don't respond to the claim a CCJ will be automatically awarded against you.

[rory32]

Part of me is now convinced that this "county court" is a made up one by the DCA's

Information about - County Court Bulk Centre

[zazen.warrior]

I would guess if you get one of these from Northampton you can assume a defence will take them by suprise

[steveoram1]

New developments on this one. CCA response came back saying that they were contacting OC (Citi) to get stuff out of archives. Also sent a CPR 18 request for all the documents. Gave them a time limit of 10 days as I would obviously need these to formulate my defence. Sent acknowledgement of service back to the court so thought I had all my ducks in a row. Issue date of claim was 28/5 so defence due into court by 2/7 or they get summary judgement. Got another letter yesterday from Cabot dated 6/6 saying my CPR 18 request timeframe is unrealistic and they will try to respond within 30 days. Now is it just me or are Cabot planning to send the documents I need for my defence 4 days after judgement?

Edited June 12, 2008 by steveoram1

[creditcardmug]

Hi don't worry about getting a response to your CPR in time, this will form part of your defence.

Can you post up the Particulars of Claim minus personal details?

[steveoram1]

POC as follows:

 

The Claimant is part of the Cabot Financial Group and has purchased the debt scheduled below, now held under ref. no. xxxxxxxxxx. Despite requests for payment the sum of £1597.89 remains unpaid.

 

Citigroup acc. no. xxxxxxxxxxxxxxxxxxxx

 

And the Claimant claims the sum of £1597.89;

 

And Costs

 

Question - surely these chancers should have all the paperwork required prior to trying to enforce a debt? I would have assumed they would need at least a copy of the original agreement from the OC to convince them that the debt is real. It should then be a simple matter to provide me with copies.

Edited June 12, 2008 by steveoram1

[creditcardmug]

POC as follows:

 

The Claimannt is part of the Cabot Financial Group and has purchased the debt scheduled below, now held under ref. no. xxxxxxxxxx. Despite requests for payment the sum of £1597.89 remains unpaid.

 

Citigroup acc. n. xxxxxxxxxxxxxxxxxxxx

 

And the Claimant claims the sum of £1597.89;

 

And Costs

 

Question - surely these chancers should have all the paperwork required prior to trying to enforce a debt? I would have assumed they would need at least a copy of the original agreement from the OC to convince them that the debt is real. It should then be a simple matter to provide me with copies.

 

The point is they do this hoping you won't defend, and they win by default.

Also they do it thro Northampton, as it's the only court in the country where they dont have to serve the agreement with the claim.

[creditcardmug]

To go in your defence so far.

Insufficiently particularised POC

NO/inadequate response to your CPR

No Letter Before Action

Looking good

 

Have you received a Default Notice (post up if poss, most are deficient)

[steveoram1]

Probably had a default years ago from Citi. This debt dates back to about 1996. Have paid sporadically over the years but no default recieved from Crapbot. They sent loads of letters threatening court action tho so can't say I wasn't warned adequately. The original loan was taken out through The Associates who were eventually taken over by Citi. The loan office where I signed original agreement was closed soon after I took it so I'm guessing that original agreement is long gone. Have paid back much more than I was supposed to including loads of charges.

[creditcardmug]

Hi again, yet another one for your defence, no DN=no cause for action.

From what youve said you have nothing to worry about here IMHO

[creditcardmug]

Bumping this for steve for any more comments

[steveoram1]

Just an update folks - came back from hols yesterday to find a Notice of Discontinuance. They obviously didn't have any documents and would have looked pretty stupid in court when asked to prove the existence of this debt. Would appreciate some help with a Data Protection Act Section 10 letter to stop them processing my data and especially to stop them passing this onto another DCA and having to start this whole rigmarole all over again.

[itsamomentintime]

you need to enter a wasted costs order against Cabot with the county court