Cabot - Halifax Credit Card - Cabot now started Court Action - Help Please ***SETTLED***

[Bazooka Boo]

No No No, it is NEVER too late!!

 

OK the I&E form, is it one they have sent you? If so bin it, and use a proper one either off here or off http://www.nationaldebtline.co.uk/england_wales/budget_sheet.php?country=england_wales

 

If there is anything you feel is too personal and you do not want them to see on your I&E form, then leave it out, these clowns have ZERO legal right to have sight of such personal private & confidential information, ONLY a judge is able to demand such a thing.

 

However it will help your circumstances greatly should this ever get as far as court.

 

As for the other info they are demanding, in with your I&E form, mention MALG and their guidelines, and refer to the Debt & Mental Health Evidence Form (DMHEF) and you are seeking legal advice as to exactly what, if anything, you are legally obliged to divulge to them regarding your mental health.

 

I found some more helpful links for you, and ones in which you will be able to ring up and get advice for over the phone.

http://www.malg.org.uk/links.html

[BRIGADIER2JCS]

Please don't think that way, evidence of your health can I think be presented to the court even at the last

minute, maybe a legal aid solicitor even at this late stage??

Bump

[Bazooka Boo]

Lamb, here is a somewhat unheard of charity, which I have been told does fantastic work with debtors, don't be put off by the word Christian, they don't ask for anything, but contact them, either through the link or by phone, and they will send someone out to you who will be able to sit down and go through everything with you and will be able to help you out, even if it just to talk to them then that is all you need do, they will listen, but they will also put wheels in motion and back you up.

 

http://www.capuk.org/help/needhelp.php

[BRIGADIER2JCS]

Thank you again BB

 

Brig.

[Bazooka Boo]

I hope it is good advice and Lamb will find the strength to use it and fight back....

[BRIGADIER2JCS]

HERE

[lamb909]

Right, have rung NationalDebtline and they said I should have advised them of my MH problems when first contacted??

 

BB, thanks for your help, the I&E form they sent me I cant open - it was an attachment and I e-mailed and told them so, they ahve not responded

 

I can e-mail them the I&E form you advised for and refer them to the guidelines you mentioned, no problem

 

But what I am strugglying with, as with advice given on CAG, it seems I do not have a defense as I thought I did, they can send a recon agreement etc etc and that is not a defense, so, without meaning to sound rude, what is the point of entering a defense? That is asked genuinely because I dont know what defense I can use, does this makes sense?

[lamb909]

Lamb

 

When did you last make a payment to Halifax? Was the payment your normal monthly payment?

 

Did you make any payment(s) to Cabot?

 

It appears that Cabot are saying you did not honour your obligations, so it seems as though (as far as Cabot are concerned) that you gave a clear indication that you had abandoned the agreement, hence no default notice issued and the claim for the outstanding balance.

 

What do you intend to argue with in your defence? Do you understand if you have a defence and what that defence might be?

 

Kind regards

 

The Mould

 

just to stop you traailing back

[lamb909]

This was all i had

 

 

The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produce a copy of a credit agreement in the requisite timescale at all

 

Without Disclosure of the relevant documentation I am unable to assess if I am indeed liable to the claimant, nor am I able to assess if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974.

 

The Claimant has failed to issue a valid Default Notice as required under s. 87 Consumer Credit Act 1974 thus making any termination of the agreement unlawful.

 

The Claimant has failed to issue a Notice of Assignment and therefore is unable to prove that

the Claimant has any right to bring this claim or indeed that the alleged debt has been assigned to the Claimant.

 

The Claimant has not provided a Statement of Truth to the Defendant stating that this reconstructed agreement is a certified and true copy of the original therefore the Defendant is unable not sure how to end this

 

The Claimant has not provided a Notice Of Termination not sure how to end this

 

The Claimant has informed me in writing that The Claimant will not correspond with me further in this matter thus not sure how to word the end of this

 

Again to stop you having to look back

[lamb909]

Lamb, my dear fellow

 

You certainly have not wasted anyone's time, on the contrary, it has been an absolute pleasure discussing your case with you, you have not done anything to offend or let down anyone here on Cag my dear Lamb.

 

I am sorry to say but it does appear that you have no defence to raise against this claim, however, there is nothing for you to fear.

 

What amount could you afford to offer the claimant each month until this debt is repaid? You will not lose your home Lamb.

 

Please do not leave this place, I would most certainly miss you and I am sure that others would too.

 

I wish I could give you some direction on raising a defence Lamb, but alas, it really would be a waste of your time and money. I do not like any creditor or the carriages they drag behind them (the dca's), however, I would not want to see you become liable for his costs if you were to try and defend, so please believe me when I say - you have not wasted anyone's time Lamb.

 

Try and keep calm, do try to relax this evening and hopefully you will come back here on the morrow and then we can really begin to help you to put this whole affair behind you, in the past where it belongs.

 

Kind regards

 

The Mould

 

Again, seems no defense. No disrespect to The Mould who has been very helpful and kind, it was just he pointed this out to me, please don't be mad The Mould, I'm sorry

[BRIGADIER2JCS]

BB have you caught this, I am concerned about the post Lambs just made.

[Bazooka Boo]

OK thanks for refreshing my memory.

 

I'm glad you came back.

 

I've a feeling mine and Donkey's posts will cross, but here goes.

 

Are you paying them anything at the moment?

 

Yes a recon agreement is admissible in court, unfortunately, but that still does not mean you have no defence.

 

Have you tried to offer them a reduced payment at all? If so did they refuse this, and do you have this in writing?

 

The reference to court, and CCJ's is 9 times out of 10 bowlarks, they are simply trying to force you into paying them an unrealistic amount, if, and it is a very big IF, this goes to court, and you can prove to the Judge that you have attempted to pay and offered them a reduced amount, but they have refused, then it will go in your favour.

 

But, I would strongly recommend that you make an offer of payment to them , in writing, and whether they accept or refuse, just make the payments anyway, even if this is the token payment of £1 a month then that is all you should pay, this way then, they would be extremely foolish to put this in front of a judge as he'll say "Well she's only paying what she can reasonably afford anyway!" and order you to continue making those payments.

 

So do your own I&E form, and make it as honest as you can, then you will be able to see exactly what is going where, and what, if any, disposable income you have left to offer them a payment.

 

Any offer of payment should only be what YOU can realistically & comfortably afford to pay each week/month, and for the duration of the debt.

 

You DO NOT have to send them this information, but in your situation, I feel it may be of benefit, again if there is info on there you would rather not disclose to them, then you DON'T have to, so don't feel pressured into doing so.

 

Sit down tonight and work it all out, then you can make them the offer in writing AND email tomorrow, do you have their bank details? If not then ask them for these, but under NO circumstances EVER set up a direct debit with them, Standing Orders ONLY!.

[Bazooka Boo]

Just reading the other two posts you put up Lamb......

 

A shamefull I've more questions than answers at the minute Lamb.....:mod:

[lamb909]

From:

Sent: 14 June 2011 09:36

To: Defended

Subject: Cabot Financial (UK) Ltd

 

 

 

Dear Sirs

 

 

 

Cabot Financial (UK) Ltd V

 

Claim Number:

 

 

 

Regarding the above case, I would like to settle this matter without the need for Court Proceedings and if you agree, could you please e-mail me by return with any conditions you would want me to consider if an agreement can be reached between us.

 

 

 

The reason the debt is outstanding is that I suffered a Nervous Breakdown some years ago and as such, found it very difficult to deal with my debts. I have made arrangements with other Creditors to pay £1 per month, which will continue until I am able to return to work. I would like to make an offer of £10 per month in respect of this debt and will happily set up a Standing Order. Currently, I am only receipt of Incapacity Benefit and Lower Rate Disability Living Allowance As it stands the idea of going to court would cause me untold stress and perhaps a relapse and given my income and expenditure, the Court would see I have little surplus income and make judgment as per and would take my mental health into account.

 

 

 

I request the your written confirmation of your acceptance to the offer herein, alternatively please provide your written rejection to the offer herein, please provide a written response by return either accepting or rejecting said offer herein.

Should there be no unequivocal response to the same, a copy of this email correspondence shall be produced in court to show of my reasonable conduct attempting to settle this matter without the need for you to litigate.

 

 

 

Yours faithfully

 

 

 

 

 

WITHOUT PREJUDICE

 

Dear ,

 

Cabot Financial (UK) Limited v.

Claim Number

 

We write with regard to your email of 14th June 2011 below.

 

In order to assess your offer, we require that you complete and return the attached Income and Expenditure Form. This must be completed in full and emailed back to us (or sent by post if you do not have access to a scanner).

 

We note that you state that you are suffering from a Medical Condition. We require that you disclose to us medical evidence of your condition before we can assess your offer.

 

These documents must be returned to us (by email if possible) at your earliest convenience. We previously agreed an extension of time for you to file a Defence or Admission to 4.00pm on 4th July 2011. If we do not receive the requisite documentation and you do not file an Admission or Defence by 4.00pm on 4th July 2011, we shall be entitled to Judgment in Default.

 

We trust that we shall receive the requisite documentation from you shortly.

 

Yours sincerely,

Morgan Solicitors

In-house Litigation Department for Cabot Financial (Europe) Limited

5 Mitchell Court

Castle Mound Way

Central Park

Rugby

CV23 0UY

Tel.: +44(0) 1788 556390

Fax.: +44(0) 1788 578130

DX 11678 RUGBY

 

 

 

 

 

 

 

Morgan Solicitors is the in-house litigation department of Cabot Financial (Europe) Limited.

DISCLAIMER: The information contained in this message is confidential and is intended for the addressee only. The unauthorised use, disclosure, copying or alteration of this message is strictly forbidden and may be illegal. If you have received this message in error please notify the originator immediately. Cabot Financial (Europe) Limited will not be liable for direct, special, indirect or consequential damages arising from any use or alteration of the contents of this message by a third party or as a result of any virus being passed on. Cabot Financial (Europe) Limited reserves the right to monitor and record e-mail messages sent to and from this address for the purposes of investigating or detecting any unauthorised use of its system and ensuring its compliance policies are adhered to. Cabot Financial (Europe) Limited is a company registered in England and Wales with company number 3439445. Registered office: 1 Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4UA

[BRIGADIER2JCS]

BB you for one have NOTHING TO BE SORRY FOR!!

Your advice compassion and consideration for others is far beyond reproach.

Personal from. Brig.

[lamb909]

No, never paid Cabot anything BB, and no, don't have their bank details

Have done an I&E and offered them the most I could afford, other creditors are getting £1 per month

[lamb909]

Just reading the other two posts you put up Lamb......

 

A shamefull I've more questions than answers at the minute Lamb.....:mod:

 

Og God, dont be soryy BB, you've helped me so much in this and other threads, over and above the call of duty

[Bazooka Boo]

Lamb have asked if others can look in and give advice...only as I don't want to give bad debt advice! And I could do with a bit of support....

 

However all is certainly not lost, not by a long chalk!

 

If you are on benefits and this is your only source of income then £1 a month is ALL you will have to pay them, and if you have their bank details this is what I would set up, now if you have internet banking and their details, then any notion of them obtaining a CCJ by default will be out of the question, did they issue you with this court summons??

 

OK found another link with further advice about replying to a claim form...

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=20_replying_to_a_county_court_claim_form

Edited June 21, 2011 by Bazooka Boo

[BRIGADIER2JCS]

And Lamb please recognise that they really cannot get blood out of a stone

you cannot pay what you have not got.

Please, please follow BB's advice and seek the help he has suggested.

[lamb909]

I havent got their bank details BB, and they didnt send the court papers, they came directly from the court, is this what you mean?

I'm sorry to put you to so much trouble

 

Brig, your support is great, I need people like you, you've been a Godsend, always there, pushing me forward and coming up with ideas, so thank you

[BRIGADIER2JCS]

I havent got their bank details BB, and they didnt send the court papers, they came directly from the court, is this what you mean?

I'm sorry to put you to so much trouble

 

Brig, your support is great, I need people like you, you've been a Godsend, always there, pushing me forward and coming up with ideas, so thank you

 

Lamb my friend anything I can do,advise in any way I will respond.

Please don't loose heart.

Brig.

[ukaviator]

Hi Lamb909

 

Have you seen any charges added to this account? . . Over limit fees and late payment fees etc?

 

I have just been alerted to your thread here, so excuse me for not reading all of your posts as I am at work. If there are charges on the account there maybe enough to reduce or wipe off any debt owing.

[The Mould]

From:

Sent: 14 June 2011 09:36

To: Defended

Subject: Cabot Financial (UK) Ltd

 

 

 

Dear Sirs

 

 

 

Cabot Financial (UK) Ltd V

 

Claim Number:

 

 

 

Regarding the above case, I would like to settle this matter without the need for Court Proceedings and if you agree, could you please e-mail me by return with any conditions you would want me to consider if an agreement can be reached between us.

 

 

 

The reason the debt is outstanding is that I suffered a Nervous Breakdown some years ago and as such, found it very difficult to deal with my debts. I have made arrangements with other Creditors to pay £1 per month, which will continue until I am able to return to work. I would like to make an offer of £10 per month in respect of this debt and will happily set up a Standing Order. Currently, I am only receipt of Incapacity Benefit and Lower Rate Disability Living Allowance As it stands the idea of going to court would cause me untold stress and perhaps a relapse and given my income and expenditure, the Court would see I have little surplus income and make judgment as per and would take my mental health into account.

 

 

 

I request the your written confirmation of your acceptance to the offer herein, alternatively please provide your written rejection to the offer herein, please provide a written response by return either accepting or rejecting said offer herein.

Should there be no unequivocal response to the same, a copy of this email correspondence shall be produced in court to show of my reasonable conduct attempting to settle this matter without the need for you to litigate.

 

 

 

Yours faithfully

 

 

 

 

 

WITHOUT PREJUDICE

 

Dear ,

 

Cabot Financial (UK) Limited v.

Claim Number

 

We write with regard to your email of 14th June 2011 below.

 

In order to assess your offer, we require that you complete and return the attached Income and Expenditure Form. This must be completed in full and emailed back to us (or sent by post if you do not have access to a scanner).

 

We note that you state that you are suffering from a Medical Condition. We require that you disclose to us medical evidence of your condition before we can assess your offer.

 

These documents must be returned to us (by email if possible) at your earliest convenience. We previously agreed an extension of time for you to file a Defence or Admission to 4.00pm on 4th July 2011. If we do not receive the requisite documentation and you do not file an Admission or Defence by 4.00pm on 4th July 2011, we shall be entitled to Judgment in Default.

 

We trust that we shall receive the requisite documentation from you shortly.

 

Yours sincerely,

Morgan Solicitors

In-house Litigation Department for Cabot Financial (Europe) Limited

5 Mitchell Court

Castle Mound Way

Central Park

Rugby

CV23 0UY

Tel.: +44(0) 1788 556390

Fax.: +44(0) 1788 578130

DX 11678 RUGBY

 

 

 

 

 

 

 

Morgan Solicitors is the in-house litigation department of Cabot Financial (Europe) Limited.

DISCLAIMER: The information contained in this message is confidential and is intended for the addressee only. The unauthorised use, disclosure, copying or alteration of this message is strictly forbidden and may be illegal. If you have received this message in error please notify the originator immediately. Cabot Financial (Europe) Limited will not be liable for direct, special, indirect or consequential damages arising from any use or alteration of the contents of this message by a third party or as a result of any virus being passed on. Cabot Financial (Europe) Limited reserves the right to monitor and record e-mail messages sent to and from this address for the purposes of investigating or detecting any unauthorised use of its system and ensuring its compliance policies are adhered to. Cabot Financial (Europe) Limited is a company registered in England and Wales with company number 3439445. Registered office: 1 Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4UA

 

Lamb, provide the claimant with the said documentation he seeks sight of and request he discontinue his action against you without delay, you have complied with his said request for the information and put your offer to repay to him and therefore he no longer needs to enforce the agreement against you, request a response by return (send email to him as he has stated), there appears to be a likelyhood that he will withdraw if you supply him with those said docs.

 

Kind regards

 

The Mould

[lamb909]

Hi Lamb909

 

Have you seen any charges added to this account? . . Over limit fees and late payment fees etc?

 

I have just been alerted to your thread here, so excuse me for not reading all of your posts as I am at work. If there are charges on the account there maybe enough to reduce or wipe off any debt owing.

 

There are some charges for £12 but it amounts to less than £200 so will not clear the debt I'm afraid

Thanks for posting

[lamb909]

Please help, I am so undure as what to do its messing my head in

 

Do i do as BB kindly advised, give them an I&E form and refer them to the Mental Health and debt guidlines and fill in the formfrom them, will my GP need to "approve it etce etc

 

Or do I do as The Mould has kindly advised and get a letter from my GP and fill in an I&E form, though to be hoinest I didnt read their reply as they would cease with the court, it says "if you do not supply the relevant info and file an admission or defence", to my (not very up on any of this court stuff) mind they are saying that if I do not supply the documents AND file an admission or defense they will get a judgement by default, that, to me, seems like they are saying they want the documents but I still have to file a defense or admission.

 

I have stated to the court I will defense but now it seems I have no defense

I'm so sorry for all the questions, i am just confused, I only have, after today, 7 working days before I have to file, in that time I might have to change my plea. I just want it over with, please please help if you can