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    • Just realized that the deadline for paying the £59.00 trial fee has passed on the May 17th. But when contacting the helpline this week, I was told the court hearing date is still on? By now, I have fully realized I have messed up. Should I just drop this case and go after Interparcel?
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    • I've had to hide two of your posts.  Anyone clicking on your links gets sent to external sites.  On top of that your real name is showing on one screenshot.  Fellow Site Team member dx100uk has already politely asked - Anyway, jk2054 wants to see the communication you got from your local court which will have told you about the hearing date of 17 June, and will have mentioned a deadline for filing your Witness Statement.
    • I believe it is helpful to seek guidance from a range of places and decide on the validity of the sources and frequency of responses which are most helpful. A single voice can be a dangerous thing. As, of course, can groupthink. Scott, it feels like £4k on a solicitor for a £1.5k bill is overkill. Were we back in time I'd suggest small claims court as your claim sounds like it may be straightforward? By all means add that phrase on. I also suggest you contact the court and go and sit in on a couple of similar cases to get a better understanding before you shell out.
    • a card should be 16 digits...urm... note your dates above please. do not miss them no matter what happens  ......................... pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
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Cabot Financial


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Hi,

 

I recently sent a letter to Cabot Financial asking them to send me a true signed copy of the credit agreement with £1 postal order.

 

I had a reply from them advising that the default will only be removed if they receive proof that it was issued incorrectly.

 

Can someone advise on how i should proceed next as they cannot provide me with a true signed copy of the credit agreement and they also did not return my postal cheque either.....

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Wait. Why would they talk about your default when you requested a simple CCA?

 

Can we have some background to this please.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Recently checked my credit file and

 

noticed that Cabot Finance had listed a default back in 2009.

 

I cannot remember what the default was for and was not aware that I had signed any credit agreement with them

therefore I have written them a letter asking them for the default to be removed

and also that they must provide me with a true signed copy of the credit agreement

as I cannot remember signing any credit agreement.

 

I received a reply saying that a default will only be removed if I can proof that the account was opened in error.

 

They have not supply me with the CCA or return my postal order.

 

What shall I do next?

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Thread moved to Debt Collection Forum.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Write back to Cabot and ask how you can prove that any alleged account was opened in error when they won't give you any details about the account.

 

All letters to Cabot and any other DCAs should start:

 

Dear

 

I do not acknowledge any debt to your organization or any organization you claim to represent.

 

Then carry on with the letter...

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what is the debt al about please

 

 

its probable the original creditor registered the default

so nothing to do with them

 

the OC just sold the debt to them.

 

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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Cabot will have bought the debt with the default in place.

Im afraid your letter will be ignored as when debts are sold to a debt purchase company such as Cabot it is with all the rights and obligations of the original agreement so Cabot now own the account outright the debt is payable to them, they must update your credit files with their data but the default date Must remain the one placed by the original creditor.

 

You need to make a CCA request to Cabot to see if they have or can get a copy of the original agreement.

 

Use the template from the CAG Library for this, there is a £1 statutory fee to pay (use a cheque or postal order clearly marked ''For Statutory Fee Only'', Cabot have 12+2 days working to reply.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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