Claim form Cabot- old cat 'debt'***Claim Discontinued***

[Ganymede]

I meant in terms of the value they are claiming for.

 

There are many examples on here of Claimants discontinuing their claims after they've paid the fees.

 

It's up to you but as there are no adverse costs risks in a small claim really I wouldn't be so quick to admit liability and cave in.

[OldDebt_Weary]

Thanks Ganymede, given the age of the debts, and the fact that they have been re-assigned several times already, I guess the odds are in my favour that they won't have the necessary documentation to be able to prove their case.

 

 

Oh what the heck, yes you're right, it IS worth contesting. I will do the letters as you have suggested.

[Ganymede]

Nothing to lose.

 

You'll pay the same costs whether you defend or admit the debt now.

 

May as well make them work for their money.

[dx100uk]

there are very few cat debts that cabot get agreements for

 

defend all, watch them discontinue

[OldDebt_Weary]

Well, I've filed defences against both claims on the MCOL site, so I hope you are right DX!

 

 

I really appreciate all the help and guidance I have received here. I shall keep you posted on progress.

[AndyOrch]

May of been prudent to have posted your proposed defences here first for checking OldDebt.

 

Andy

[OldDebt_Weary]

May of been prudent to have posted your proposed defences here first for checking OldDebt.

 

Andy

 

 

I haven't entered the actual defences yet, just given them notice that I intend to defend the claims. I will put the defences here first before I enter them on MCOL

[AndyOrch]

[dx100uk]

well done!!

 

can we check that you have sent off 2 CCA requests and 2 CPR 31:14's to now?

 

dx

[OldDebt_Weary]

well done!!

 

can we check that you have sent off 2 CCA requests and 2 CPR 31:14's to now?

 

dx

 

 

I will let you know when these are done, using the templates you pointed me to. Do you want to see the actual letters first?

 

 

Now I think about it, I'm not entirely sure what to actually write for the defence in both cases. Is there a template for that I might use?

 

 

Sorry for all the questions, I have never contested such a claim before.

[dx100uk]

you need to get these done TODAY

 

you are already WELL INTO you 33 days and time is running out.

 

2 CCA request to CABOT

2 X BLANK £1 PO's

do not sign the letters

 

cpr 31:14 from thelegal section of the library tab top left

to the sols sign the letter

 

dx

[OldDebt_Weary]

Thanks DX, I have the £1 postal orders but finding money for CCA requests is impossible right now - I just do not have it.

 

 

Can you clarify - which letters do I NOT sign? Also, where might I find an example of what to write for my defence?

[dx100uk]

forget the defence for now

 

all you need is 2 £1Po's

 

print out this CCA request

 

twice

one for each account number

 

DO NOT sign the letters

 

put each in its own envelope with ONE of the BLANK £1PO's

 

sent hem to cabot

 

that's all the cost you have

 

you can then peint out the CPR 31:14 [the correct one!!]

from the legal section of the library tab top left

 

sign that one

put it in an env

 

post it to the sOlicitors [no fee needed]

[OldDebt_Weary]

Sorry DX, getting myself confused! I get it now. The only problem I have is that my b**** printer has decided that now would be a good time for its cartridge to run out! I should be able to replace in a couple of days but I shall get the stuff ready to send anyway.

 

 

Thanks for all your help.

[dx100uk]

can you not as friend neighbour relation to go use their printer

or a library?

 

thing is

you've the w/end coming with no postout

so in effect you lose at least 2 days or the time line to file

as that's cal days [33 days]

 

just musing

 

as the CCa requests are 14 WORKING days to reply. .

[OldDebt_Weary]

DX, I should have the printer cartridges in the morning.

 

 

So you are suggesting that Cabot will drag their heels over providing the CCA, which seems entirely possible. If I do not get a reply within the 33 days, what would happen?

[dx100uk]

no what I am saying is

they have 14 working days to supply it

 

you ideally need those to have expired by the time you have to file your defence

on cal day 33 from the date on the claimform.

 

EITHERWAY you DO NOT MISS filing 'a' defence

[OldDebt_Weary]

Thanks I understand.

 

if it comes to day 33 and I have had no reply to the CCA letters,

then I would have to word the defence differently if the 14 days haven't expired by that time,

that is, the defence would not be as strong if the expiration had not occurred?

Whereas, if the expiration HAD occurred I could state that within the defence, adding weight to it.

 

However, as I do not recall ever signing any credit agreement in either case, then they will hopefully admit they don't have it and withdraw.

 

Excuse my ignorance over this whole process. This is invaluable information you are providing me with and I greatly appreciate it.

[BRIGADIER2JCS]

DX, I should have the printer cartridges in the morning.

 

 

So you are suggesting that Cabot will drag their heels over providing the CCA, which seems entirely possible. If I do not get a reply within the 33 days, what would happen?

 

 

CCA request is 12 + 2 working days end of:

[OldDebt_Weary]

CCA request is 12 + 2 working days end of:

 

 

 

Sorry?

[BRIGADIER2JCS]

Sorry?

That is the statutory time scale for compliance with a CCA request.

[dx100uk]

you must file by midnight sat 6th sept.

 

if you have posted the CCA's by yesterday you are ok

 

dx

[OldDebt_Weary]

Hi DX, yes, I posted them last Saturday by special delivery so they should have received them Monday. We'll see what happens.

[OldDebt_Weary]

Hi.

 

 

I have today received 2 identical letters from Cabot. This is what they say:

 

 

"Thank you for your request for information under the Consumer Credit Act 1974. Cabot Financial currently does not have this information on file. Hoever, we have requested the original information under Section 77 and/or 78 of the Consumer Credit Act 1974 from the original lender.

 

 

"What happens next.

 

 

We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain the information within those time limits, we will write to you again.

 

 

"Contacting Cabot

 

 

If you have any queries about your account please call etc. etc"

 

 

So what do I need to do about these letters? Are they merely continuing this bluff or do they really mean business here? Is this something I have to add to my defence? They claim they have 40 days in which to allegedly find the information, how does this affect the court hearing?

 

 

Any help here would be much appreciated.

[BRIGADIER2JCS]

Hi.

 

 

I have today received 2 identical letters from Cabot. This is what they say:

 

 

"Thank you for your request for information under the Consumer Credit Act 1974. Cabot Financial currently does not have this information on file. Hoever, we have requested the original information under Section 77 and/or 78 of the Consumer Credit Act 1974 from the original lender.

 

 

"What happens next.

 

 

We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain the information within those time limits, we will write to you again.

 

 

"Contacting Cabot

 

 

If you have any queries about your account please call etc. etc"

 

 

So what do I need to do about these letters? Are they merely continuing this bluff or do they really mean business here? Is this something I have to add to my defence? They claim they have 40 days in which to allegedly find the information, how does this affect the court hearing?

 

 

Any help here would be much appreciated.

 

 

Inform Crabot immediately that they have 12 + 2 Working days and no more to comply.

 

 

The absence of the CCA renders the alleged debt unenforceable until it is provided.