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    • Merged witness and draft defence, deleting some paragraphs.. still too long?   1. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 10 November 2021. However, the claim had not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received a notification that it had been entered on my credit report. 2. On learning of the County Court Judgement on 15 November 2021, I immediately contacted County Court Business Centre to find out details of the Default Judgment. It was only at this point that I discovered that Capquest Investments Limited was the Claimant and that the judgment was regarding monies owed on an alleged credit agreement. On 17 November I received a copy of the judgment from the County Court Business Centre by Email. 3. I now know that the judgment was served at an old address (xxx). However, I moved to a new address on 8 January 2021 with my tenancy at the old address ending 5 February 2021. In support of this I can provide confirmation of two (2) Council Tax bills for my current address (xx) and previous address. See [EVIDENCE A and B] 4. On 12 September 2018, the Claimant wrote to the Defendant clearly stating that following a request from the Defendant for a copy of the signed Consumer Credit Agreement with the original creditor, that one did not exist. I had no reason to believe this situation has changed to date and, the Claimant having already written to my new address reporting of default sums notice under the the Consumer Credit Act 1974 did, purposefully, use an old address to gain a Default Judgement. See [EVIDENCE C] 5. I suggest the Claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering they had good reason to believe they did not hold my current contact details. As stated in the Civil Procedure Rules CPR 6.9(3) where a Claimant has reason to believe that the address of the Defendant referred is an address at which the Defendant no longer resides or carries on business, the Claimant must take reasonable steps to ascertain the address of the Defendant’s current residence or place of business. At the time of the County Court Judgment, my credit file showed my current address so I was there to be found by a simple trace. See [EVIDENCE D]. 6. The Claimant sent a letter dated 27 October 2021 to my current address which I received on 9 November 2021. This equates to only twelve (12) working days between the Claimant filing the claim and producing this letter. I must question why the Claimant would use two different addresses in such a short space of time if there was any doubt I no longer resided at the address they had on record. See [EVIDENCE E]. 7. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim. 8. Considering the above, I as the Defendant was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside. 9. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 10. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.  11. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the Defendant did not enter into any agreement with the Claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 12. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.
    • Evening dx will do, can I just ask what WHY is or have I just read it wrong?
    • So Xbox support came back to me with the expected decline of my request for the refund.  They cited the fact that the purchase occurred more than 14 days ago which goes against their refund policy.  So I've now had three refusals to refund for two different reasons.   I think I now need to show them we are serious and send them something more formal.  Would this be a letter of claim or is there anther step before that?   I've also been trying to figure out where to send any further correspondence as at present its all been done their online messaging platform, which doesn't feel formal enough...    
    • UPDATE:   Received 'Notice of allocation to small claims (hearing)' on Friday. Could somebody explain 4. please?     notice of allocation to the small claims track (hearing) REDACTED.pdf
    • its a letter of claim. you must reply   copy the 1st page and staple that to a new copy of our SB letter.   also keep a log of letters/texts/emails/call or WHY as under CONC that might later be useful
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Cabot Financia/bc - debt issues


debtchallenger
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I sent a CCA off last week in connection with a debt that Cabot Financial said that they have bought from Barclaycard. They wrote back a letter which we received yesterday saying that they do not have that information on file and that they have requested the relevant information from the original lender. They also said that they do not require the £1 fee that I sent, and they have sent my cheque back.

Then they say that they will be able to provide the information within 12 days but if they cannot provide it within that timescale, they will write to us again.

 

If they bought the debt from Barclaycard, would they not have a copy of the CCA? Or is that not how it works?

Would appreciate any thoughts!

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What they are supposed to have and what they have are two different things.

 

I would just ignore any further letters until such time as they furnish your request.

 

If they choose not to accept the £1 fee then that is up to them.

 

Clock is ticking if you received nothing after 12+2 days, then send Cabot the 'account in dispute' letter.

 

Never sign any correspondance to them and

NEVER EVER speak to them on the phone.

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I didn't sign anything I sent them, but unfortunately (before joining this forum) I did speak to them on the phone and confirmed our address. This is because they wrote to us telling us to phone them, so we rang them up not really knowing what it was about. I told them to send us a letter with proof of the debt. Then I sent off the CCA letter after reading on this forum. Hope this hasn't done too much damage!

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That's the usual reply from Cabot, they always send your Cheque/ Po back and say that they are not obliged blah, blah.

If they still cannot produce from the archives they will send you another letter asking for more time etc.

In my case they told me account was on hold until they could produce CCA.

Am quiet happy to wait as it is over twelve months ago!!!

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Cabot have 2 of mine, 1 from MBNA n 1 from Halifax, unfortunately they have produced both CCA/Application forms. MBNA from 15yrs ago and unenforceable and the Halifax 21yrs ago is enforceable in theory, but very poor illegible microfiche (lucky I have a defective DN).

 

Dont worry if they can find something as there may be something unenforceable about anything they send (if that makes sense;)).

 

What info have you obtained from Bcard?

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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Cabot have 2 of mine, 1 from MBNA n 1 from Halifax, unfortunately they have produced both CCA/Application forms. MBNA from 15yrs ago and unenforceable and the Halifax 21yrs ago is enforceable in theory, but very poor illegible microfiche (lucky I have a defective DN).

 

Dont worry if they can find something as there may be something unenforceable about anything they send (if that makes sense;)).

 

What info have you obtained from Bcard?

 

Ah I see. I have not had any info from B'card, I think they sold the debt off ages ago from what I can make out.

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Hi All

 

Cabot have 2 of my debts they bought them from RBS (loan)1998 and Associates (credit card) 1997 I sent them of CCAs for both at start of week both delivered and signed for I will sit back now and wait to see what happens, I seen in another post somewere that that associated were taken over a number of years ago by citi, so hoping they cant come up with the agreements. I had been paying these off but harassment to increase payments, drove me over the edge to issue CCAs.

 

TOREXXX

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  • 9 months later...

Cabot started chasing me for a debt some time ago and I sent the account in dispute letter followed up by the letter asking for a copy of the consumer credit agreement and sending the £1 fee. This was in July 2009. They have just written to me (at my old address - we have since moved) sending a copy of what looks like Barclaycard terms and conditions. It is barely legible and no where is any signature on it. At the top, it states that it is a credit agreement. There are also a list of transactions that look like interest accruing on this account which starts at 2005.

 

Is this enforceable? They are obviously out of time for sending the credit agreement to us, but would appreciate your advice!

Many thanks.

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Can you post this 'agreement' up after removing any identifiers?

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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In that case I'd be tempted to send them Scotts letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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  • 1 year later...

I have an ongoing dispute with Cabot financial, and they have sent me a photocopy of the Barclaycard conditions.

The print is tiny and barely legible, enclosed also were some statements.

 

I've been reading the guidance on the CCA 1974 and I noticed that to fulfill the CCS request the agreement doesn't have to be signed, it was also sent longer than 12 days after the prescribed period.

 

In your opinions, is what they sent sufficient to prove that this debt exists?

 

Thanks for your help.

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Hi read" PriorityOne" on this subject CPUTR 2008,it is a response to the lack of an agreement or Recon Agreements.

 

Cabots photocopy of Barclaycard T&Cs and some statements is not good enough,so send the Account in Dispute Letter

 

PriorityOne thread will cover the next letter from Cabot,have a good read

 

Does Cabot own the debt or are they acting for BC?

 

Reagds FS

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Hi, thank you for replying. The account is already in dispute - has been since 2009! They have sent lots of letters over time saying that they could not get hold of any documentation or agreements from Barclaycard, then I received this illegible document!

The most recent letter is from Apex, saying that they are acting for Cabot who seem to have bought the debt from Barclaycard.

Where would I find the Priority One thread, have done a search on here, but its not coming up. Many thanks!

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three threads merged

please stick to ONE thread per debt issue

 

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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what does your cra file about this debt?

when was YOUR last payment/use?

 

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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There is nothing showing on the CRA about this, I think last payment was around 2006 time. I have located the thread on CPUTR and that makes for interesting reading. I am thinking this Apex company are just chancing it, trying to get money out of me for a debt that they cannot prove etc.

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it does not show so.........

 

you should be totally ignoring them

 

end of!

 

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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in-correct

they cannot re-reg a debt that is SB'ed or has otherwise fallen off your CRA

 

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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  • 4 weeks later...

Further to the above posts,

I have had an interesting letter from Apex credit management.

 

My last letter to them stated that not only was this debt unenforceable because their "client", Cabot had failed to provide documentation proving it,

but it also fell outside the Limitation period.

 

Now Apex have written back saying that they do not agree,

because they have had correspondence with us and given two dates, both within the last 6 years.

 

They are saying that this correspondence is deemed acceptance of the liability.

 

On looking back at the correspondence, these are letters disputing the debt,

and one is the CCA letter, clearing stating "I do not acknowledge any debt to your company"!!

 

As this matter has been ongoing so long, with Cabot being unable to provide documentation that we requested,

we have now reached the 6 year mark since the last payment was made.

I thought that this meant that the debt was not inside the limitation period.

 

We have been corresponding with Cabot using template letters.

 

Does this mean that the debt is not now statute barred as I had thought?

 

many thanks

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no its SB'ed

 

total borrocks to try and spoof you.

 

a CCA request cannot eset the clock, neither can the other letter

unless you specifically stated , 'yes this is my debt' and signed it.

 

little spoofers.!!

 

pers i'd not bother sending anything else to anyone.

 

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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Thanks for responding. I was reading up on statute barred debts before, and there seemed to be a debate on whether any letters sent to these people were classed as "acknowledgement of the debt" for the purpose of the limitation period, even if you actually said that you did not acknowledge the debt! I don't think I will bother responding to Apex!

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