Cabot DCA / Restons Solicitors...Defending against a CCJ

[Jez909]

Just before Christmas I received a letter from the County Court in Northampton

that Cabot DCA had decided to take a CCJ against me without warning.

 

I have never heard of Cabot until then and

 

 

the CC company had not informed me that they had sold my debt over to them?

 

 

So instead of taking the advice of the CAB I who just want you to just cave in and take it.

 

 

I decided to fight it with my very limited knowledge.

 

Below is the letter I got back for Cabot Solicitors.

 

My Defence was That I had not signed a contract with Cabot (which i know id weak)

and that I had not had any letters from the CC company

and Cabot telling me that the debt is now with them,

which maybe my best hope of defence?

 

To me it looks like they don't want me to defend myself and want me to cave in?

 

Please can you give me some advice?

Thanks

Edited January 12, 2015 by Jez909

[fkofilee]

Please fill in below;;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**%282-Viewing%29-nbsp

[dx100uk]

probably because you moved and did not tell your creditors.

 

 

please fill in the link

and post up your defence.

 

 

did you CCA request Cabot and CPR 31:14 restons?

 

 

if not why not?

 

 

dx

[Jez909]

I will have to get hold of a scanner tomorrow and scan the original letter because I can't convert the JPEG to PDF.

 

My address has been the same for over 14 years and before that it's was my parents address.

 

I have not CCA yet but I will do ASAP

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?409122-me-and-three-debts-with-or-without-pending-CCj-s-Co-s-help&p=4421908#post4421908

 

 

in this thread you say they've already got a CCJ for this debt?

 

 

so what is going on here?

 

 

dx

[Jez909]

That was a different issue and they went ahead with the CCJ because I was stupid to take advice from Shelter and CAB to except the CCJ.

 

 

Even thought they didn't send me a real contract.

 

 

I haven't been able to do anything because I have been living in another country.

 

I will be following this up because they have taken out a CO.

[dx100uk]

were any of the claims or CCJ's issued whilst you were not in this country?

 

 

dx

[Jez909]

Hi dx and everyone

 

 

Managed to convert the Pic to PDF

 

 

No they were issued before I left.

I didn't know I had been issued them because they after I sent for a CCA request

they took over 6 months to sent me what they said was a contract

but it looks more like something someone had knocked up with MS Word

and what supposed to be my signature was so faded you couldn't make it out.

 

I sent a letter saying that what they provided was false but they replied saying they were my contracts

and that they would be going ahead with the CCJ's because I had filled in the forms and admit liability.

 

After that I heard nothing from the court or from Capquest

I thought nothing had happen until after just a year later

 

 

I had a letter saying that I had been issued with a CO without my knowledge just before Christmas.

Then I got another letter from the court from another CCJ.

 

These DCA love to bring the pain at Christmas! lol

 

Thanks

Jez

[ATTACH=CONFIG]55330[/ATTACH]

[dx100uk]

ok then post 3 as please

 

 

and show us your posted defence please

 

 

dx

[Jez909]

1. Claimant: Cabot

2. Issue Date: 17th Dec 2014

3. Reason: Unpaid Credit card

4. Around £2800 and fees of £185

5. Credit Card

6. Before 2007

7. Issued by debt purchaser and not the original creditor

8. I was not aware that the debt had been assigned and I had no notice.

9. I had notice of default at the start.

10. I’ve had no annual Notice of Default Sums.

11. Ceased payment because I lost my job and had health problems. My bank closed my account.

12. I was advised by the CAB not to pay and concentrate on keeping a roof over my head.

I have sent a CCA direct to Cabot

[dx100uk]

PoC?

 

 

defence?

[Jez909]

Hi Dx

 

My apologises for the late reply been going though a stressful time.

 

Nothing has happened with the CCJ

 

 

they didn't take it any further after I defended myself against CCJ claim.

 

 

I sent a CCA but there was a problem with the PO So have send another.

 

Got another problem with the water board who have issued me with a CCJ and I have respond to it by tomorrow.

 

 

I've had no warning by letter or by phone so I will defend this also.

 

These CCJs are like buses.

 

Thanks

J

[dx100uk]

start anew thread for that

hard to defend sadly.

 

 

as for rhis one

 

 

well done!!

 

 

dx

[Jez909]

Thanks but I doubt it is over yet? Nothing can be that simple?

[dx100uk]

they've gone to court

and , as it stands, they have failed.

 

the case is stayed until/unless they produce an enforceable CCA

 

however

 

if you want you help

 

you need to fill in the links asked for

in the format asked for

 

and post up your defence

 

 

and who was the original creditor too

and last payment date

 

dx

[Jez909]

Hi dx

 

I answers the question to the form in the link above.

 

My defence against the CCJ was:-

 

I know nothing about the claimant Cabot Financial UK Limited and I have had no communication from them.

I also have no contract with the claimant Cabot Financial UK Limited and no documents supporting this claim in the particulars have been offered.

 

Thanks

J

 

 

link to other post

http://www.consumeractiongroup.co.uk/forum/showthread.php?440937-Water-company-have-issued-a-CCJ&p=4688788#post4688788

[water Claimform]

[dx100uk]

we don't appear to have the POC?

 

 

so please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

 

please fill the above in and copy paste the questions and your answers back here

 

 

and is that ALL you sent in your defence.

 

 

dx