Cabot/weightman claimform - Vanquis 'debt'

[rogermeard]

Hi.

 

I have a debt with Cabot that I have been paying since November last yr.

 

I got a letter from Cabot and Marlin in the same envelope last year saying my debt has been handed to Marlin to administer on BEHALF of Cabot.

 

Needless to say I just continued to pay Cabot direct not Marlin.

 

Now Marlin have got Weightmans LLP involved also who are working on BEHALF of their client which is Marlin

who in turn are working on BEHALF of Cabot.

 

Weightmans are accepting my pay terms,

 

however I have been paying Cabot.

 

Sooooo my question is

 

who the hell do I continue paying?

 

Should I write to Marlin and Weightmans stating I am paying Cabot (which they must know anyway).

 

Don't want to get into a long winded battle just want to pay off my debts

(having a fair few others too being paid) and

I know who I owe to.

 

Should I just refer payments to Weightmans now or is their a valid legal reason to continue paying Cabot as I have been.

 

 

Thanks kindly.

[fkofilee]

Marlins are now owned by Cabot... Have you done a CCA Request to check you should even be paying this?

Continue to pay Cabot against the account if you must. Dont run around after the DCA... Tell them you are paying Cabot who owns Marlins..

[dx100uk]

they are all the same lot!

 

whats the debt all about please

 

and why not list your other debts too

 

I hope you've sent them CCA request on each debt its applicable too

rather than just blindly paying a no powers DCA

 

dx

[rogermeard]

Thanks for the info,

 

I am aware now that Marlins is in fact Cabot.

 

I have not CCA'd them as I know its debt we ran up,

 

we have been struggling with various debts for the last 7 years which has taken its toll mentally and a little physically.

 

Some ending in CCJ's, some written off, most outstanding.

 

I made a choice last year to pay them off as I can't deal with the stress anymore,

I need to see an end to this , and have been doing so regularly via standing orders at a rate "I" can afford to all our debts.

 

As funds become available from the smaller debts paid I forward that onto a bigger debt to accelerate rate of payment.

 

Mostly its going ok but some debt companies are being daft about it,

however I still continue paying and the figures are coming down slowly but surely.

 

I am just concerned about the above account as its for a figure approx. of £3400 and the involvement of an LLP worries me.

 

The rest of my debts are for figures ranging from less than a £100 to the largest being the above.

 

 

Currently have around 7 debts being paid.

[dx100uk]

reclaiming?

 

 

dx

[rogermeard]

reclaiming?

 

 

dx

 

 

Not sure what you mean?

 

 

For clarification my debts are mostly poor credit history Credit Cards (Vanquis x2, Cap One x2, Aqua), catalogue debt x3 and HMRC Tax credit overpayment x1. CCJ from 2009 also for credit card.

 

 

I am trying to avoid court action as the toll it took on my partner was immense as they suffer from depression (proper not a "bit down") which in turn took its toll on me , however we got through it but would like to avoid it. Hopefully light at the end of the tunnel.

[dx100uk]

I would suspect you have ppi and or penalty fees on most of those debts.

 

 

they can be reclaimed.

 

 

cca time then on this debt me thinks.

 

 

dx

[2Grumpy]

They might be just using an LLP to frighten you into paying even more since you increased your payments and haven't questioned the amount outstanding

 

Check the PPI & penalty charges & negotiate the true amount outstanding. You can do that for the closed accounts too - work out something to take off the current ones

[renegadeimp]

I have not CCA'd them as I know its debt we ran up,

 

If cabot is involved, CCA them now. It doesnt matter if you think the debt is legit. If they dont hold the correct paperwork ( cabot rarely ever do), then they cant touch you.

[L1882]

Hi Roger

 

I can't offer you advice, I'll leave that to the experts (and there are many on here, so do listen to them)

but what I can tell you is my situation was much like yours,

I just couldn't cope with the stress and sorted payment plans as various threats came in.

 

 

However I am now also sending CCA's and SARs with a view to challenging.

I'm still making my agreed payments until such time as I can either challenge them or reclaim some charges to reduce them

however I am hoping to at the very least reduce the amount I owe and in some cases completely write some debts off.

 

 

I see this as being a 'half way' house for me - I've the peace of mind that no legal action is pending but I can also do all I can to reduce the burden through other means.

 

Good luck with it all, I do understand the stress, most on here do only to well, but it is definitely still worth fighting the war, even if on occasion you have to concede the battle.

[2Grumpy]

At the very least make them work for their money. You may have spent the money but that doesn't excuse the lenders adding unlawful penalty charges, PPI etc

[rogermeard]

UPDATE.......

 

Challenged Weightmans (acting legal team) over missing payments

I have paid against the sum owed.

 

Got a letter saying they accept my proposed repayment plan,

to which I replied I would pay claimant (Cabot) directly still, which I did.

 

I had a letter from weightmans claiming I haven't paid anything this month as per my agreement with them (never had one),

heard nothing ,

 

continued to pay Cabot

 

now I have received a claimform form from County Court Bulk Centre ,

claimant Cabot all docs etc to Weightmans.

 

 

Really rather cheesed off,

I tried to do the decent thing in my mind and have been truly shafted.

 

 

How to proceed now baring in mind the clock is now ticking????

 

 

Oh and they are claiming the wrong amount by over £90 more (3 repayments), which they claim I haven't made!!!!!!!!

[theoldrouge]

please read and fill out the following link

 

will move thread to financial legal issues

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**%284-Viewing%29-nbsp

[rogermeard]

Claimant....Cabot Financial Uk

Date of issue.....21-04-2015

Claim for......Credit card debt

Amount.....£3570.00

Particulars.....

 

 

1.the defendant entered into a credit agreement described by the original creditor as XXXXX credit card

and having account number xxxxxxxxxxx (the account)

 

2.the claimant, a uk limited company with company number xxxxxx, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account.

 

3.the defendant is indebted to the claimant in respect of the account in the sum of 3570.00

 

4. the claimant claims the said sum of 3570.00, plus costs

Old credit card debt.

 

Taken out after 2007.

 

Claim is from a DCA.

 

Cant find a notice of assignment . Just a letter stating your account is with us now.

 

I think I did receive a notice of default.

 

I have not been in receipt of yearly notice of default statements.

 

I ceased payments due to reduced finances.

[theoldrouge]

your first job is to register on mcol,acknowledge service and tick defend all

 

get a cca request off to the claimant

 

and a cpr 31.14 request to the claimants solicitors for the agreement, notice of assignment and statement of account(docs mentioned in poc)

 

both by recorded/signed for delivery and asap

 

make a note of your defence due date

[rogermeard]

Mcol ????

 

Should I also cease my voluntary monthly payment to the claimant I have paid for last 6 months.

 

 

Also how do I get the amount changed to reflect the payments I have made already as the claim is for £90 more than owed.

[theoldrouge]

Mcol ????

 

money claim online

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

[rogermeard]

Ah thanks I googled it. what does challenge court jurisdiction mean and should I tick it??

[theoldrouge]

Ah thanks I googled it. what does challenge court jurisdiction mean and should I tick it??

 

leave blank

[rogermeard]

Thanks very much for guidance. I have completed it online. AOS on 23/04/15 at 1730hrs. So how long do I get to defend is it 28 days from now or claim?

[AndyOrch]

33 days in total...day 1 being the date on the claim form.

 

Regards

 

Andy

[rogermeard]

Thanks Andy.

 

Can I ask again,

should I continue my voluntary payments to the claimant that I have made for last 6 months.

 

The solicitor weightman has been pestering me to pay them, to which I refused and continued to pay Cabot.

 

They also claim they have no records of some of my payments to Cabot,

this is why I suspect they have started a claim against me.

 

I guess they have not been communicating with their client.

 

Will the fact I have been paying a reasonable amount stand me in good stead on court day if it gets there?

[rogermeard]

HI,

I have written the CCA to creditor letter.

I am however struggling to find the CPR letter template anywhere???

 

Also, I have been paying this debt regularly but the solicitors have not been adjusting the balance accordingly and are claiming more than I owe.

 

 

How do I get that changed or access to proof other than bank info.

 

 

Do I write a letter to Carboot requesting statement of account?

 

Thanks for the help so far people.

[dx100uk]

cpr is in the legal section of the green library tab top left.

 

 

dx

[rogermeard]

Thanks DX.

 

Ok sent the CPR to solicitors.

 

 

The CCA letter to Carboot.

 

 

Letter to solicitors regarding wrong account total and missing payments off the total incl intent to fully defend against this.

 

Hopefully will hear back soon.