cabot claimform for old welcome finance 'debt'

[dx100uk]

yes you need to file by midnight tonight

 

there are numerous thread here in the forum you are in

that detail the holding 'no paperwork' defence.

 

you don't need to sign CCA/CPR,

 

now ideally as you've a few hours you need to nail down this question of it

poss being already statute barred before you start paying them in 2012 from 2006?

 

if this is the case then the SB defence should be used.

 

dx

[FredT]

Hi

 

I think I am now in a pickle as I don't really follow all that I need to do.

 

As per dx100uk's suggestion,

I sent the CCA and CPR letters.

 

I had a reply from Cabot stating that they had 40 days to comply - that was about 3 weeks back and no reply.

 

As the date for filing a defence suddenly appeared I filed a defence that the claim was statute barred.

 

Restons solicitors have now written to me stating that they are

'advised that Cabot Finance, at the time of the assignment, received confirmation from Welcome Finance

that the last payment made towards the outstanding balance was on 31 January 2012.

The payment was clearly made within 6 years of these proceedings being issued and as such is not statute barred'.

 

The letter continues

'Now that we have provided you with further details to show that the debt is in fact owed

we would be grateful if you could confirm you are willing to withdraw your defence

by completing the enclosed form N9A and returning it to this office by 20 August'.

 

The letter then states that if I do not complete the N9A they will apply to strike out the defence and go for summary judgment

- and seek an order that I pay the costs of the application,

 

Help! What do I do

- I still have no paperwork showing a signed agreement

- and no paperwork showing as the solicitors/Cabot assert

that I made a payment on 31 January 2012.

 

Fred

[BRIGADIER2JCS]

Hi

 

I think I am now in a pickle as I don't really follow all that I need to do. As per dx100uk's suggestion, I sent the CCA and CPR letters. I had a reply from Cabot stating that they had 40 days to comply - that was about 3 weeks back and no reply. As the date for filing a defence suddenly appeared I filed a defence that the claim was statute barred. Restons solicitors have now written to me stating that they are 'advised that Cabot Finance, at the time of the assignment, received confirmation from Welcome Finance that the last payment made towards the outstanding balance was on 31 January 2012. The payment was clearly made within 6 years of these proceedings being issued and as such is not statute barred'.

 

The letter continues 'Now that we have provided you with further details to show that the debt is in fact owed we would be grateful if you could confirm you are willing to withdraw your defence by completing the enclosed form N9A and returning it to this office by 20 August'.

 

The letter then states that if I do not complete the N9A they will apply to strike out the defence and go for summary judgment - and seek an order that I pay the costs of the application,

 

Help! What do I do - I still have no paperwork showing a signed agreement - and no paperwork showing as the solicitors/Cabot assert that I made a payment on 31 January 2012.

 

Fred

Cabot DO NOT have 4o days to reply justb12 + Working Days so write AND TELL them, also refute the alleged payment and put the to strict proof of how such a payment was made.

[dx100uk]

as you've filed the SB defence

no point in pursuing the CCA

 

you need to put them to strict proof on

 

WHO

where

what bank

what method

how much

the alleged payment was etc

 

its interesting to note

they say 'they are advise by their client'

'that the original creditor has issue confirmation payment was made dd/mm/yyyy'

 

we've seen that before i'm sure with pestons - they never provided it and the case still I think remains stayed.

 

dx

[FredT]

Thanks dx100uk. Do I write to the Solicitors asking for the proof of payment?

 

Also, with the CCA do I still write to Cabot and say that they had 12 + 2 days and not 40 days? If so, what wording for both letters?

 

Fred

[dx100uk]

leave cabot re cca alone.

 

they know the score

 

wording for the other is almost what I wrote earlier

[FredT]

Thanks dx100uk. I have written as you suggest.

 

What is the relevance now of the CCA request

- (as I understand it if they don't provide a signed agreement then their claim may be unenforceable)

 

if I have gone down the route of the claim being statute barred.

 

If they don't supply the agreement does that mean that I may still win the case

- or have I accepted that there is an enforceable agreement by claiming statute barred?

 

Bit confused!!

 

Fred

[FredT]

Hi

 

I have written to Restons asking for proof of the alleged payment.

 

I have also now got a copy of my credit report which does NOT show any loan with Welcome nor Cabot.

 

What is the relevance of that to the Court case please?

 

On a related note

 

there are a couple of old loans that have been paid in full to other companies -

but they still show small outstanding balances (one shows £4 due).

 

What do I do to get the records amended?

 

Fred

[dx100uk]

they have to prove its not SB'd

 

not you prove it is

[BRIGADIER2JCS]

Hi

 

I have written to Restons asking for proof of the alleged payment.

 

I have also now got a copy of my credit report which does NOT show any loan with Welcome nor Cabot.

 

What is the relevance of that to the Court case please?

 

On a related note

 

there are a couple of old loans that have been paid in full to other companies -

but they still show small outstanding balances (one shows £4 due).

 

What do I do to get the records amended?

 

Fred

 

 

 

Hi Fred,

If you believe the CRA entries are wrong, put a notice of dispute on the record (s) then write to the creditor concerned and insist that they are corrected.

 

 

The lack of an entry for the Welcome/Cabot accounts probably indicates that 6 years have passed since the account was defaulted, but may not mean the debt is statute barred.

 

 

As dx has said Cabot must prove that the debt is Not SB, personally I would phone Welcome to find out if they can tell you the date of the last payment/acknowledgment.

[FredT]

Just a quick update. Following the CCA request I have not had any paperwork sent to me and have had a letter from Cabot stating that as they have not as yet complied with the request then the agreemnent is not currently enforceable.

 

Since writing to Restons asking for strict proof of the payment that it is alleged I made to Welcome, I have heard nothing. I wrote to them almost 4 weeks ago.

 

Fred

[BRIGADIER2JCS]

Just a quick update. Following the CCA request I have not had any paperwork sent to me and have had a letter from Cabot stating that as they have not as yet complied with the request then the agreemnent is not currently enforceable.

 

Since writing to Restons asking for strict proof of the payment that it is alleged I made to Welcome, I have heard nothing. I wrote to them almost 4 weeks ago.

 

Fred

 

 

The ball is in their court, leave it there!

[dx100uk]

did you ever phone welcome or sar them?

[FredT]

Now 7 weeks since I wrote to Restons asking for proof of the alleged payment.

 

Heard nothing.

 

Can I not apply to the Court to have the claim struck out or some such?

 

If not, and assuming that Cabot do not come up with the agreement - and Restons don't supply evidence of the payment - does the case just stay in limbo?

 

Fred

[AndyOrch]

Now 7 weeks since I wrote to Restons asking for proof of the alleged payment.

 

Heard nothing.

 

Can I not apply to the Court to have the claim struck out or some such? No

 

If not, and assuming that Cabot do not come up with the agreement - and Restons don't supply evidence of the payment - does the case just stay in limbo?Yes

 

Fred

 

Regards

 

Andy