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Please help with CABOT - debt's doubled!!


stikky62
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Hi Hadituptohere.

 

yes, I addressed it ,, 'For the Attention of the District Judge ' at my local law courts. I sent it special delivery and it was received on tuesday 21st. I didn't think to ring the court to see if it was being acted on. Will there be anyone there on a Saturday? If so I'll ring tomorrow after the postmans been. Otherwise, i'll have to ring first thing monday morning. If I filled in the allocation questionaire tonight I wouldn't be able to get it to the post office tomorow anyway now because I cant get out the house at the moment and my temporary carer (15 yr old son) has gone to his mums until sunday.

I'll have to get this questionaire filled in just in case I haven't been granted a 1 month extension and then somehow I'll have to try and get it to the court on monday

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Hiya Stikky

 

there wont be anyone there tomorrow so monday will have to do for the phone call, looks like the best thing would be to complete the N150 and get that in the post special delivery for tuesday with a covering letter explaining your circumstances, please anyone correct me if im wrong, im sure I had to fill in the N150 so will check my thread and get back asap with some pointers for you.

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hi stikky

 

sorry just posted a thread regarding filling in N150 but it didnt work :shock: so will look for another, back later

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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http://www.consumeractiongroup.co.uk/forum/showthread.php?191718-Advice-please-court-papers-received-Barclays-credit-card-**-CLAIM-STRUCK-OUT**/page3

 

post 54 onwards for filling the N150

 

There are also some good direction applications for box G in brassedoff thread here post 260/261 thatnks to cym

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?267627-County-Court-Claim-form-received-Cabot/page13

 

Hadituptohere

  • Haha 1

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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I'll have a good read of those tomorrow. I'd do it now but I'm having a bit of a bad day as far as my injuries go and dont have the energy or concentration to do anything right now.

 

Thanks Hadituptohere ;-)

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Right then, I've pretty much filled in the N150 but I haven't filled in the 'propoed directions' and 'other information' boxes.

I'm not too sure what to do with these and how to procede?!?!

All the direction applications I've seen are requesting the Agreement, Terms 'n conditions, notice of assignment, default notice etc etc.

The only thing I've not received is a copy of the default notice which Cabot are saying they dont need to provide because they aren't intending taking any steps detailed in section 87 (1) of the CCA 1974.

Also, regarding 'proof of amount owed', all they have said is 'You are invited to clarify'. The letters I recieved regarding all this are at post #107

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Hi stikky

 

Have you checked your credit file? has cabot ever recorded a default with the major Credit Reference Agencies? If they have then you need sight of the Default Notice, will have a re-read of your doc's and bob back later

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Just having a quick look at your request form they have sent you as an agreement, if this is all you have then they havent supplied an CCA, id go with Cym's directions in Brassed off's thead but as pt has pointed out remove the provocating alledged :wink:, this will cover all the bases.

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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A default notice is still required under CCA74 stikky so would still go with the special directions posted by cym,

 

unless anyone else has an opinion????

 

I find it hard to believe cabot have never defaulted you with the CRA's maybe its dropped off after the 6 years but it would be handy to know if it was ever there, I dont know if thats possible?

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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The last time I checked my report was back in 2008 and there was nothing showing then either. Having said that, if Cabot had registered a default when they first bought the account that would have gone past the 6 yr period by then also.....and having said that, I made arrangements with Cabot when they took over, and never defaulted, so then again they wouldn't have had a reason to.

 

bazaar - I have statements of the account which show when it doubled, but I have never received a proper explanation of this.

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Hi stikky

 

my cabot nightmares started with Kingshill recording the defaults and Im sure that changed about 12 months after to cabot uk, the card was from around the same time as yours.

 

Dont know if theres a way of finding out if they have ever recorded defaults

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Ok,,, the N150 is finally completed and ready to go to the court. I'm still hoping for a 1 month extension but I'll phone and find out about that tomorrow before this form has to go in.

 

Thanks Hadituptohere - I really appreciate the help you've given me. I'd probably be sat here panicking and pulling whats left of my hair out if you hadn't :-D

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Well, despite them saying the statements are not kept over 6 years , they need to supply full statements from start of agreement, and you'll get them to by order, so IMHO, you need to keep pushing the balance argument, IE, where did the 2 grand they added come from?

I would specifically tell them that you will be applying to court that they provide proof of ALL debt, so in the interests of the CPR you respectfully ask them to provide this information, otherwise they cannot substantiate their argument at court

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Any news on the time extension stikky?

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Sorry, I would have answered earlier but didn't get an email notification somone had posted :-)

 

No, no news on the time extension. I got a friend to give me a lift to the courts and managed to hobble my way in on monday, the day the allocation questuonaire had to be in and forgot all about asking about the time extension.

I handed in the N150, filled in as per the info gained from those threads you put links to with the draft directions as in the sticky in this 'illegal issues' forum,

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  • 1 month later...

Quick little update.

 

I got a letter from the court a few weeks ago (Below). At the moment we're 'Stayed' until 7th December but there's mention of steps which need to be taken before November 23rd. This may seem a silly question, but am I supposed to be doing anything about this? I've not anything heard from Morgans.

 

CabotStay.jpg

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zhi stikky that sounds to me like someone hasnt handed there AQ in (I could be wrong and i hope someone will correct me if I am), obviously not you as you went to the court and hand delivered it.

 

I dont mean to startle you but its worth ringing the court office and checking what the above notice is about as I hand delivered my Defence and recieved a strike out for not filling one........ for it to be reienstated.

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hmmmm,,,,, I'll assume it isn't me because I have had a letter from the court confirming receipt of my AQ/initial defence :-)

 

I'm curious,,,, I was just looking at my credit report and noticed Cabot Financial searched it back in July - what would they have been looking for? :wink:

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You really do need to ring and find out stikky

 

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hmmmm,,,,, I'll assume it isn't me because I have had a letter from the court confirming receipt of my AQ/initial defence :-)

 

I'm curious,,,, I was just looking at my credit report and noticed Cabot Financial searched it back in July - what would they have been looking for? :wink:

 

Looking to see if you have a mortgage and whether it is worth taking action to get a charge on your property!

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Looking to see if you have a mortgage and whether it is worth taking action to get a charge on your property!

 

Spot on!

 

Stikky, ring the court and find out if the other side have sent in an AQ, if they have then the court is asking you to either a) agree the issues unresolved prior to trial and notify the court by november 23rd or b) reach a settlement or show the "workings out" of an attempted settlement.

 

S.

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Hi Guys

 

Ok, I'll ring the court. There won't be anyone there on a saturday will there?

 

Assuming the other side HAS sent in their AQ, and bearing in mind I don't want to reach a settlement ( I'm going stick this out to the bitter end for better or worse), does this mean I have to send in another AQ with a final defence - as it were.

Slightly confused here :-)

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