Cabot/restons Claimform - old Halifax Credit Card 'debt'

[jhall52]

I am currently in the middle of replying online

(they have tried various tricks in the past to get my signature,

so I shall not be replying in writing nor sending anything to their solicitors

but using money claim online),

 

 

explaining my intention to defend under the Limitations Act

and due to the lack of a CCA,

as well as not acknowledging the debt or making any form of payment on it.

[renegadeimp]

Please follow the info given by dx. It is important.

 

The SB defence has to be written in a proper way.

[dx100uk]

drop all comms

 

 

get that link done please

 

 

BEFORE you do MCOL or anything more.

 

 

dx

[BankFodder]

Can you tell us your previous username please

[panther12]

3. An payment plan offer I made years ago of £10 per month was rejected.

How long ago did you make the offer.

 

 

If it is truley SB'd that in itself is an absolute defence.

If so, what I would do (to bring early closure) is acknowledge the claim

and send a letter to cabot informing them that you have completed the AoS

and will be your intention to defend the claim on the basis that it is clearly statute barred.

 

 

Invite them to withdraw the claim and

that if you don't receive notice of discontinuence within 7 days

your defence will be submitted to the court.

[jhall52]

Hey sorry for the delay. My former username was joelhall I believe, but it was some time ago, and I forgot my log in details.

The offer I made was to Halifax bank, around 2006/2007.

 

Right, so regarding the link, what specifically do I do with it?

[jhall52]

Name of the Claimant:

Cabot Financial (UK) Limited

 

Date of issue: 17th December 2014

Time to acknowledge: 5th January 2015

Time to defend: 19th January 2014

What is the claim for?:

The Claimant claims payment of the overdue balance

due from the Defendant(s)under a contract between the Defendant(s)

and Halifax dated on or about Dec 05 2005

and assigned to the Claimant on Nov 28 2008 in the sum of 2226

 

PARTICULARS

 

DATE: 28/11/2014

ITEM: Default Balance

VALUE 2226

Post Refrl Cr: NIL

TOTAL: 2226

What is the value of the claim? TOTAL AMOUNT: 2411

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. 5th December 2005

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. The debt purchaser, Cabot Ltd.

Were you aware the account had been assigned

– did you receive a Notice of Assignment? No. I was only aware after receiving demands from Cabot Ltd.

Did you receive a Default Notice from the original creditor? No.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No, not for any years.

Why did you cease payments?

I lost employment through ill-health, could not afford them,

Halifax refused to stop charges and interest,

and payment insurance refused my claim.

 

What was the date of your last payment? Sometime in 2007.

Was there a dispute with the original creditor that remains unresolved? Yes, regarding the total amount owed, which I had never borrowed.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

Yes, via telephone, which was declined.

However I refused to discuss my personal income/outgoings,

and only offered what I could afford at the time.

 

re the CCA: I have done so, Halifax informed me it did not have a signed CCA, and returned my request and fee.

[dx100uk]

old thread merged.

 

 

dx

[dx100uk]

can you go get your credit file please

and check if this debt shows please

need to confirm you last payment date if poss

 

 

dx

[scousepie]

I just use this: it on my tool bar ready for them...... AARRRRHHHH

 

[jhall52]

can you go get your credit file please

and check if this debt shows please

need to confirm you last payment date if poss

 

 

dx

 

What is the best way to do this?

[jhall52]

Well, I now know it's not to use Equifax. My request didn't go through, but they have stil charged me, now want me to jump through hoops to get a £2 refund (I now have only 67p left in my account!)

[jhall52]

OK, I have acknowledged receipt of the claim forms and sent a request for the documents to the solicitor named on the claim. What should I do next?

[dx100uk]

cpr and CCA?

 

 

go get noddle report see below

[jhall52]

Thanks. I already made a CCA request a few years ago, they claimed to not have one and returned my request and the postal order for the fee.

[jhall52]

OK, I got a Noddle report and... it shows I have nothing! No credit cards, loans, etc, and only my bank has made a search on me. Surely this cannot be correct?

[dx100uk]

are all you old addresses showing?

[dx100uk]

Thanks. I already made a CCA request a few years ago, they claimed to not have one and returned my request and the postal order for the fee.

 

 

you MUST send a new CCA request to the claimant

dx

[jhall52]

Yes I've only have two addresses ever and both are showing (I only spent 11 months at the other address, never informed any banks of this or signed to the electoral register there), as well as my fiancee on my account as a linked person. Halifax is linked to my file it says, and my bank (Lloyds) made two checks on me this year which are showing. There are no records of any loans, credit cards, or anything else, and my "score" is 4/5.

[dx100uk]

looks like it SB'd then

 

 

cra confirms it

 

 

and no payment to the claimant since assignment confirms it too

 

 

dx

[jhall52]

With any luck then, my CPR31.14 request should result in them dropping the claim (although I doubt it).

[dx100uk]

nope they have no need to respond and often now don't

but the CCA request they MUST comply with

 

 

get it sent NOW

 

 

dx

[jhall52]

Update:

Received a letter from the solicitor representing Cabot today (14/01/2015), dated 5th January 2015, envelope stamped 6th January by the Post Office/Royal Mail. Somehow it only arrived this morning. This is in reply to my CPR31.14 request letter of 19th December 2014.

 

Dear sir,

 

Cabot Financial (UK) Limited v. Mr Joel Hall

 

Please find enclosed a draft letter which purports to come from you but which is unsigned.

 

You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

 

Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.

 

Yours faithfully,

 

Mr S Bray, Litigation Executive

pp Resonts Solicitors Limitied

 

Sneaky attempt to obtain my signature? After all, they shouldn't have anything to compare it to. At any rate, they have not asked for an extension within 14 days of my request and offered a new date for which to fulfil my request.

 

Opinions?

[dx100uk]

usual rubbish from rectums designed to intimidate and unsettle a defendant.

 

 

if you wish you can sign it

 

 

but the CCA is the important one

and they MUST reply

 

 

dx

[jhall52]

Needless to say, I will not be providing anything with my signature on. I know, as do they, they haven't got the documents. They are after my signature to forge them. Happened a while back, as I posted on here. I forged Adolf Hitler's signature onto a letter - I then received a copy of a credit card application form (with the terms and conditions on the back dated 2 years after I took out the card) and was told by the bank "that's the CCA". It had Hitler's signature on it...

Anyway, I went to the MoJ website and viewed the Civil Rules and Practice Directions, Part 31: nothing at all about needing a signature, and besides a signature made, which is not witnessed, is not proof of identity, and is meaningless in this case. I have until this Friday to submit my defence.

 

Anyway, haven't heard a peep regarding the CCA request. The first sent off years ago was returned along with the postal order, with an admission they had no signed CCA. This one appears to simply be ignored. At any rate, according to the information they put in the claim, it was over six years with no movement.