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Cabot/Restons Claimform - 2002 Aqua card ***Claim Discontinued***


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Hi there

 

Hoping somebody can help me with a claim form I have recieved from Nottingham.

 

I have been looking after my elderly mum at a different address for a week

so Im in a panic as the claim form is dated 22nd July

and from what I can see, I only have 14 days to respond.

 

I dont deny I owe this money from way back but Im not sure the last time I had any contact with them,

 

im sure I have put my head in the sand over this and now its come back to haunt me.

 

The original debt was for Aqua credit card that I had in 2002, it was assigned to cabot in 2010.

 

I havent had any notification from Restons or Cabot that it was going to court.

 

The last letteer I had was from Cabot on the 7th June to say that Marlin was taking over the debt

and a notice of change from Marlin, but no idea it was going to court.

 

Is there anything I can do, or am I too late! The debt is for 1327 plus 80 solicitors and 70 court costs.

 

Somebody told me it may be past the 6 years

but after getting into debt when my husband and I split up,

I did the really stupid thing of just throwing all letters away,

so I have no idea when I last paid or spoke to them.

 

Any advice would be much appriciated Thank You.

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Thank you Ford very much

 

Name of the Claimant ?

Cabot Financial

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

22 July 2014

 

What is the claim for – the reason they have issued the claim?

Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

Payment of the overdue balance from the defendant under a contract between the defendant and bank of scotland (AQUA CARD)

dated on or about 02/07/2002 and assigned to the claimant on 15/03/2010 in the sum £1327

PARTICULERS a/c no xxxxxxxxxxxxxxxxx

date item value

30/06/2014 default balance £1327

Post Refrl Cr Nil

Total 1327

 

What is the value of the claim? £1477

 

Is the claim for a current or credit/loan account or mobile phone account? CREDIT CARD

 

When did you enter into the original agreement before or after 2007? BEFORE

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT PURCHASER

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? YES

 

Did you receive a Default Notice from the original creditor? DONT KNOW PROBABLY

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

I have recieved some but dont think its every year

 

Why did you cease payments:-

Husband left me and I just overspent trying to manage on my own

 

Was there a dispute with the original creditor that remains unresolved?

No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managment plan?

Yes originally I was paying a reduced rate but they were still charging intrest i believe so was getting nowhere

 

What you need to do now.

 

Answer the questions above

Edited by suefree
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is there any more to their particulars of claim?

have you previously done a cca request on this?

if you are defending then you'll need to go on MCOL just now and acknowledge service with intention to defend. within 14 days after deemed service (service = 5 days after issue date). so, you have a bit of time to consider things.

IMO

:-):rant:

 

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Hi

I did miss some of the particulars out by mistake, but had edited it to add what I missed, so everything is now on there,

 

sorry Im in a right panic, thanks.

 

No I havent done any requests at all on this.

Im just working through the stickys trying to understand what they all mean.

 

I would like to defend but just not sure on what,

 

im hoping to defend on the debt being really old and that i havent corresponded with them for 6 years

and I have read that I should have had notice of court action.

 

Will a CCA request give me a timeline of payments,

and then if I go for defence and then find out its less than 6 years,

can I still apply for time to pay by instalments or will it mean I have to pay it all in one go.

 

Thank you so much for trying to help me,

 

it really is appricitated.

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when was the last payment?

click on the bolded cca request for info on that. is a request for a copy agreement and statement of account under the consumer credit act. they cant enforce in court until they have accurately complied with such a request.

yes, you should've had a letter before claim as required by pre action conduct.

yes, you can apply to pay by instalments if there is a judgment against you. and, can always enter into negotiations re an arrangement with the claimant prior if desired.

have you previously done a sar on this?

any missold ppi?

IMO

:-):rant:

 

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I cant remember the last payment,

 

I have a feeling it was on or around 2005 but I may have aknowledged a letter in 2008 or 2009,

 

We had a flood here 2 years ago, and I lost a lot of my old papers, statements and correspondence, so cant go back.

 

I also due to debt problems changed my bank account in 2009, so cant go back and check there either.

 

No never done a SAR, Thats something else Im not sure of, so need to read up on that and no I didnt have any missold ppi on it.

 

Im going to fill in the acknowledge of service part now, and send off the CCA request,

 

I think reading the forum there is also another one I need to send as well. cpr31?

 

Would I have got the PRE ACTION conduct letter by recorded/special delivery?

 

Im just wondering how I can prove I didnt get one if they argue that I did?

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yes, do a cca request, and a sar. and, also cpr 31.14 (albeit small claims) http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

try find out when the last payment was.

see what comes come back re requests.

prob no recorded del required re LBC, they'll have to show that one was sent. but, it (failure to send) wld not be a defence as such, but can mention it.

IMO

:-):rant:

 

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ack the claim online at mcol after registering.

defend all

 

see the claimform.

 

go get your credit file from say noddle [below]

 

should tell you payment history

 

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 the help guys! I tried Noddle but for some reason it wont accept me?? I have paid £2 to Experian and they are going to send me a password within 5 days to view my report on line, hopefully I can then see what information it holds and how long ago the last payment was.

 

I have aknowledged the claim online and im in the process of sending off the CCA and CPR, is there anything else I need to do, or do I hang tight until everything is back?

 

IF it comes back and it is not statute Barred as I have made a payment or aknowlegment to them less than 6 years ago, what happens then, as I wont be able to defend it, so if I do all this online and then have no defence, is it an automatic judgement against me with the court demanding full payment?

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Hi

 

Could somebody please help with a quick couple of question, is there a fee of a £1 for both the CCA and the CPR and do I still send the CCA to Cabot the claiment even though it says address for sending all documents to Restons Solicitors?

 

Thank you for your help!

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cpr to restons

 

cca request to cabot

£1 po leave it blank

 

don't sign either letter

 

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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..........

 

IF it comes back and it is not statute Barred as I have made a payment or aknowlegment to them less than 6 years ago, what happens then, as I wont be able to defend it, so if I do all this online and then have no defence, is it an automatic judgement against me with the court demanding full payment?

 

 

negotiation re settlement cld be an option, as always. but, wait see what info, if anything, comes back in time. post back before yr deadline.

once intention to defend acknowledged in time, you get a further 14 days before defence deadline (ie 33 days from claim issue date).

IMO

:-):rant:

 

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I cant remember the last payment,

 

I have a feeling it was on or around 2005.......

 

in the meantime, do try and find out when the last payment was.

IMO

:-):rant:

 

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nothing stopping you ringing the card company and asking

 

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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Hi Guys One quick question please,

 

I was just about to send off my requests with no signatures as stated,

 

however I have read quite a few threads on here where the requests were sent back to due to no signatures.

 

I dont have a scanner to upload to get a digital signature and I dont want take a chance due to timing that it will be sent back.

 

Any ideas, I was thinking maybe of signing it on top of my printed name?

 

Would that work? Cheers!

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IMHO you need to stop faffin around

 

you are fast running out of time

to allow a return

with a claim date of 22nd july.

 

there is NO NEED to sign the letters.

 

get them done and post TODAY ASAP.

 

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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IMHO you need to stop faffin around

 

you are fast running out of time

to allow a return

with a claim date of 22nd july.

 

there is NO NEED to sign the letters.

 

get them done and post TODAY ASAP.

 

dx

 

Understood, thank you.

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All done & sent off.

I'm sorry to be a bit slow, I realise timing is very important, but I'm looking after my ill mum as well as working full time, so I'm limited with my free time & tired. My apologies & once again thank you very much for all your help, you guys and this forum is brilliant and I'm very grateful for the help.

As soon as anything is returned I shall update.

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Hi guys

 

heard back from Restons today with what looks like a standard reply,

will try and post a pic of it below,

 

telling me they are not sending me anything and advise me that I would have recieved

a copy of the Agreement together with the contractual terms and conditions

at the time the account was opened, and hope the letter clarifies that.

 

I havent yet heard from Cabot as its only been 5 days.

 

Also still waiting for Experian for my passkey to check my credit file online,

although payment has gone through so hopefully should get that tomorrow.

 

Still trying to find out when last payment was,

found a box of old statements and papers tonight so will be going through those incase anything pops up.

 

Will let you know when I get any further updates, cheers and thanks for your continued help.

 

I think this pic may be too small but dont know how to enlarge it, any advice how to do that would be great.

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pic too small. dx has the instructs re uploading.

but, seems like a typical (we dont have anything/are not bothering) response. see if anything comes back re cca request in time.

IMO

:-):rant:

 

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if its reston replying to your CPR

 

don't bother we know what they say

 

its in several threads here

 

You file by midnight day 33 REGARDLESS>

 

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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