cabot and mens clothing catalogue debt

[rogermeard]

Just received a letter from a DCA claiming ownership of an alleged debt and also in the same letter is another letter from the original creditor claiming to have sold the debt to the DCA, however the letter has obviously been produced at the same place as it has markings from the printer or computer that match identically with the DCA.

 

Also on the DCA letter it states the amount owing etc but next to it it states annual interest 12%. Now forgive me if i'm wrong is that them intending to charge interest on the amount owing?

[BRIGADIER2JCS]

The letters are proper notices of assignment,

as to the interest it could be but would depend

what the original contract allows for.

Who is the DCA and what is the debt.

[rogermeard]

Debt was a mens clothing catalogue as on tv advert.

 

DCA is Carbot.

[DonkeyB]

Sounds like you are a victim of HFO...

[DonkeyB]

But Cabot are pussycats by comparison.

 

Cabot are allowed to send an NOA on behalf of the OC, as Brig says. Was this a debt covered by the CCA, ie. is it a credit account? Did you sign anything, or sign up online?

[rogermeard]

Not signed anything, although iirc a couple of years back i recieved a CCA signed by them as proof of debt validity. I'm sure i got the account online though a few years prior.

 

Was a credit account with a limit etc , each month a balance is worked out and a figure payable produced.

[dx100uk]

moved to the cat forum..

 

check your cra too, see below

 

dx

[dx100uk]

if it shos

 

get an sar off to the OC

 

and get reclaiming

unless you already have all the statements

 

have a read of a few threads here for info

 

dx

[rogermeard]

Hi, I have several debts that I owe,

 

one of which is being chased by cabot financial.

 

Cabot have now instructed solicitors to chase me up via a Bankruptcy warning letter

 

giving me 14 days or they will issue a bankruptcy petition against me.

 

the debt is £2500,

 

can they do that?.

 

I thought I would go to County Court?

 

Any advice or help please?

[dx100uk]

you mean a statutory demand?

 

sounds like a threat-o-gram

 

tell us about the debt please

 

is this on your credit file?

 

dx

[rogermeard]

No idea if its on my file I gave up years ago bothering with that.

 

Debt is originally JDwilliams.

It is around £2500.

 

Debt being chased by Cabot who have handed it to WrightHassall solicitors.

 

Solicitors sent me a letter saying they have been instructed by their clients to review my case

with a view to serving me with a bankruptcy petition and obtaining a bankruptcy order.

 

The letter ends with I have 14 days to contact or they will issue a Statutory Demand.

 

Taken me back a bit to be honest,

 

I am tackling my debts but one or two at a time,

 

mostly when at court so its fixed in stone.

 

Bit worried I could lose everything now

[dx100uk]

well you are no stranger to court nor being fleeced by DCA's.

 

send JDW an SAR

 

a CCA request to WHS

 

most cat debts are 90% PENALTY charges anyway.

 

bet the letter does not say WILL anywhere.

 

dx

[rogermeard]

Thanks, my question still remains, are they able to force me into bankruptcy for a figure less than £5000?

[dx100uk]

they'll have to get a statutory Demand first mind (debt must be +£750)

[rogermeard]

Ok, forgive my ignorance. What does or is a Stat Demand please?

[fletch70]

Please remember that IF they do issue a SD it does not just magically vanish . You have to put work in to get it set aside.

 

The CCA request is very important IMO as it will give you something to fight any SD with (hopefully)

 

When was the account opened and can you remember if it was done on the phone, online , or by filling a form out

[rogermeard]

Online iirc. Not trying to avoid it I just was taken aback a bit by Bankruptcy threat.

[fletch70]

Ok, forgive my ignorance. What does or is a Stat Demand please?

 

It is the first part in the process of BR. It is just what it says a demand for payment but written in a specific way

 

https://www.gov.uk/statutory-demands

[rogermeard]

Ouch, that makes for grim reading.

[fletch70]

I know . Can you remember when it was opened ?

 

If it is genuine then they will probably take a repayment plan and there will probably be a lot of charges you can reclaim back ( Dx is pretty good at that) .

 

If it was taken out before 2005 they will need an actually signature

[rogermeard]

Post 2005 I am afraid probably 2007-2008.

[fletch70]

Ok

Well I think the CCA request and the SAR are important.

If you have a lump sum available you may want to consider a full and final offer, if not maybe a payment arrangement.

A lot depends on your circumstances, do you have assets and/or a half decent income. I have neither so would happily say make me BR but it is quite serious as you say

 

 

When was the last payment and default?

 

DX is the man for reclaiming I believe

[rogermeard]

I have a reasonable income.

 

not much spare cash but just beginning to have a little spare each month.

 

I am happy to pay back the debt but not at the ridiculous levels they usually demand but what I feel is affordable.

 

No lump sum available.

 

I have been in debt for a number of years and have been to court etc.

 

still settling debts and still have several outstanding.

 

Never been threatened with bankruptcy before though.

[fletch70]

Ok Well it's hard to advise but as they probably paid a pittance for the debt try to negotiate a low payment.

 

This is quite useful at working out what is allowed https://nedcab.cabmoney.org.uk/quickfs.asp.

 

All i can say is that for example, my real food bill is much less than suggested but when I am working it out of course it is near the limit,

 

I really do suggest looking at reclaiming fees etc

[rogermeard]

Thanks Fletch.

 

I have had a look and if it is the debt I believe it is (although no details link to the original debt like account numbers etc) ,

 

when Cabot first took it on it was only for £2083

but now their solicitors are claiming £2500 something.

 

The Cabot letter originally stated a 12% interest,

 

can DCA claim interest too?.

 

If I CCA the soliciotrs or Cabot and SAR the original creditor maybe, will that hold up the threat of them starting bankruptcy stuff?.