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Cabot Scottish claim - 1st they said it was a loan, now they say its a credit card!!


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Hello looking for some advice regarding current court action.

 

In sept I received court papers from a solicitor acting on behalf of Cabot financial.

 

Regarding a debt purchased from bank of Scotland.

 

I have a few debts but they suggested in the court form this was a loan from bank of Scotland which I've never had.

 

I sent the solicitor a letter enclosing a cca request on 26th of September

 

I received no response not even an acknowledgement the letter was signed for.

 

I waited then sent a further letter on 16th of October again requesting the information

I again received no response.

 

I appeared in court on 13th of November (they instructed a local solicitor to appear for them who obviously didn't expect me to appear)

 

he had no answer and

 

the judge ordered a 4week delay for information to be provided to me.

 

The solicitor for citizens advice grabbed me outside court and asked if she could help

 

she called the solicitor who sent her information through about the debt.

 

She called me this morning to say she is posting what they have sent to me

which seems to be a letter stating that it was in fact a credit card debt taken out in jam 2008

and the last payment on the account was feb 2010

 

I now know this was an aqua card and

 

I wrote to them with financial difficulties in feb 2010 giving a £1 token payment asking to set up a payment plan to which they refused.

 

I have heard nothing from Cabot at all

didn't even get a letter before action

even though the solicitor is saying I did

but I would have sent the cca off then if I had!

 

From what the citizens advice woman is saying

 

ithere is no agreement there in the paperwork and

 

Cabot are trying to get this from bank of Scotland

 

I'm due back in court on dec 11th and not sure of my next move

 

I could really do without this just now

I'm 5mths pregnant and I have no income except carers allowance (I'm my older daughters carer) which is £61 a week.

 

The citizens advice woman is saying to make them an offer out of court

but I have nothing to offer the debt is £1950.

 

Will they take my husbands income into account?

 

He has a fairly good job but he covers all the bills and my money is for household things food etc.

 

any advice greatly appreciated

 

I'm not sleeping due to worrying about this constantly.

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don't offer anything

 

 

to enforce this they must produce the SIGNED AGREEMENT.

 

 

when did you tske this card out.

 

 

can we see the Claimform please

or

fill this out

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

 

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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Name of the Claimant ? CABOT FINANCIAL

 

Date of issue – 26th Sept - 1st court appearance was 13th Nov. Due back to court on 11th Dec.

What is the claim for

 

 

What is the value of the claim? £1950

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? After Jan 2008

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. No has been assigned to DCA

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor?

No but seemingly there was in July 2010 although this is not on my credit file in fact no mention of Bank of Scotland at all on credit file.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments:-

 

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 managementicon plan?

I sent a letter with £1 token payment in Feb 2010 and asked to enter into payment plan which was refused.No further communication from lender.

Cabot financial Placed a default on my credit report in June 2010

there is no balance/payment history showing previous to August 2011.

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I would suspect the OC placed the default before sale - cabot cant enter a default

 

 

can we have the POC please

 

 

that's the bit we need.

 

 

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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On xx January 2008

 

 

The defender entered into a credit agreement On borrowings with Bank Of Scotland.

 

 

After falling into arrears

a default notice was issued and

the debt was purchased in August 2011 by Cabot Financial by notice of assignment.

 

 

Despite repeated attempts requesting payment the defender has refused to do so.

 

 

The total balance due £1900 is the sum sued for.

 

It's quite vague even the judge said so hence why delayed for the 4 weeks.

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moved to the Scottish forum

 

 

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 just an update.

 

Received the documentation from Nolan's Or should i say a letter. They state that the information Cabot received from Bank of Scotland on assignation is:

 

* The agreement was entered into in Jan 2008

* last payment was made in Feb 2010 and agreement terminated in June 2010 and assigned to Cabot in July 2011.

* the card number was **** **** **** ****

 

They enclosed copies of 2 letters "seemingly" sent to me in june this year from marlin financial services whom Cabot has instructed to retrieve the debt. Ive never seen these in my life.

 

Nolans state they informed me of pending court action in july and august this year but have provided no evidence of this.

 

They state Cabot has contacted bank of scotland to request certain documentation and this will be forwarded on when received.

 

At the end of the letter they state:

"If this is not available prior to the next calling of the case we would hope to speak to you in any event to ascertain whether the matter may be progressed by way of agreement rather than through judicial determination"

 

So what should my next move be?

What happens if they don't have the paperwork before the next calling can this be extended again? I feel the judge should be putting his foot down with them filing cases when they don't have the proper paperwork to begin with. I'm concerned at having to return to court after new year as my baby due date will be drawing closer.

 

Any help greatly appreciated.

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they eventually will NEED the signed CCA

 

 

DONT talk to them at all

 

 

they are trying to get 'something' out of you

before they probably have to drop the claim.

 

 

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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  • 2 months later...
they eventually will NEED the signed CCA

 

DONT talk to them at all

 

they are trying to get 'something' out of you

before they probably have to drop the claim.

 

dx

 

Another update:

they extended again in December as they stated it would be the end of dec

before bank of Scotland would get the information requested to them.

 

 

I'm due back in court next week and have heard nothing from them at all

- they stated they would forward any documents received from Bos when they received them.

 

 

The citizens advice solicitor who was representing me has gone on holiday until April

so I'm going to have to deal with this myself next week

and no idea what to do?

 

 

Any help greatly appreciated.

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no CCA provided m'lud?

 

 

don't know what debt they are talking about!!

 

 

IMHO its a speculative claim in the first place

 

 

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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