Cabot/Wright Hassal claimform - Halifax Credit Card 'debt'

[MJC1973]

I have argued that the claimant did not serve demands for payment in writing in a competent manner.

 

I never received a Notice of Assignment to Cabot from the original creditor, Halifax.

 

 

Further more, when I received a letter from Cabot,

I wrote (in May 2013) to them with a section 78 request (CCA), enclosing £10

 

 

and stated that as far as Cabot were concerned I had no knowledge of any debt that was outstanding to them,

which would not be subject to the Statute of Limitations Act 1980

(the original agreement having been taken out with Halifax pre 2007).

 

Furthermore, despite asking Cabot to supply the original creditor’s statements of account,

showing when the last payment was made and when the account technically went into default (according to the accounts terms and conditions)

I received no direct response.

 

 

Finally, I have been making nominal payments as a token of goodwill & acknowledgment of the debt.

This was done upon the advice and guidance of the Consumer Credit Counselling Service.

I notified Cabot of this and caveated the correspondence that unless they heard otherwise

would assume that this arrangement was to the creditor’s satisfaction.

 

Wright Hassal have now issued court proceedings

 

 

only yesterday I received two letters in the same envelope,

one stating they would look to have my defence struck and proceed with the court case

and the second offering me a 10% discount to settle by the 28th March 2015.

 

Am I on a hiding to nothing and should I just get on with negotiating a better discount?

I presume that Cabot would not have paid more than 20 p in the pound?

[theoldrouge]

could you please fill in the following as fully as possible, it will give us the details to help you

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**%281-Viewing%29-nbsp

[dx100uk]

I hope you mean you sent a CCA request off with a £1 Blank PO? not £10??to cabot?

£10's - thats for an sar and does not guarantee nor 'force' cabot to produce a CCA...

and they'll use the spare £9 as payment!

 

lastly if you have been paying via CCCS and those payments are within 6yrs of the date of the claim it cant be SB'd.

 

you need to fill the link out

 

and show us your filed defence please.

 

dx

[MJC1973]

Hi guys,

below my defence (for what it's worth).

 

 

Attached is the answers to your questionnaire and other relevant documents.

 

"The defendant maintains that the claimant did not serve demands

for payment in writing in a competent manner.

 

The defendant never received a Notice of Assignment to Cabot from the original creditor, Halifax.

 

 

Further more, when the defendant received a letter from Cabot, they wrote (in May 2013) to them

with a section 78 request (CCA), enclosing £10 and stated that as far as Cabot were concerned they had no knowledge of any debt that was outstanding to them,

which would not be subject to the Statute of Limitations Act 1980

(the original agreement having been taken out with Halifax pre 2007).

 

Furthermore, despite asking Cabot to supply the original creditor’s statements of account, showing when the last payment was made

and when the account technically went into default (according to the accounts terms and conditions)

the defendant received no direct response.

 

 

Finally, the defendant has been making nominal payments (of between £1-2 p.c.m) as a token of goodwill & acknowledgment of the debt.

This was done upon the advice and guidance of the Consumer Credit Counselling Service.

 

The defendant notified Cabot of this and caveated the correspondence that unless they heard otherwise

would assume that this arrangement was to the creditor’s satisfaction.

 

 

They also sent out on an annual basis notice of their financial statement

and in fact the next one would be due on the 1st April 2015

and be served, by recorded delivery to all creditors."

Edited March 19, 2015 by MJC1973
reduced size of document

[citizenB]

I have edited your post to reduce the size of one of your documents.. at 46.3mb it was taking a while to download

 

I have also just noticed that you have left your personal details on documents.. name, address, account number, password for acknowledging claim etc.. can you please edit and repost !!

[citizenB]

Summary appears to be that you were in a repayment plan for £1-£2.00 per month based on advice from CCCS. But Cabot have still issued a claim.

 

Do you own your home? If so, then they are probably looking to take this to charging order stage where they will attempt to secure the debt on your property.

 

Your defence does not look to be CPR compliant.. eg.. responding to the claim . I will try and find someone who can help further.

[dx100uk]

can you please copy and paste the text of your Q&A doc into a msg box here

 

you don't need to worry about the other attachment we don't need to see those docs

 

have cabot ever sent you the CCA back?

 

is it enforceable?

 

dx

[MJC1973]

I rent my home, so don't know how that helps.

 

 

Any advice or pointers greatfully received.

[MJC1973]

Cabot have never sent a CCA back to me no,

so I don't know if its enforceable.

I do know that the original agreement was made in 2004.

 

Name of claimant: Cabot

 

Date of issue: 22nd January 2015

Particulars of claim:

 

The Claimant’s claim is for debts arising from the Consumer Credit Act 1974 agreements.

The Claimant is an Assignee of the following debts,

notice of the assignment having been given to the defendant in writing.

Halifax Credit Card. Account no.

Despite demands for payment, the above sums remain due.

The Claimant therefore claims the sum of 3,462.75

interest under s.69 County Courts Act 1984 and costs.

 

Value of claim: 3,462.75

Has Claimant included section 69? : Yes

The claim is for a credit card

The original agreement was entered into before 2007

The claim has been assigned and the Debt purchaser Cabot has issued the claim

Were you aware the account had been assigned – did you receive a Notice of Assignment?

I maintain that the Claimant did not serve Notice of Assignment in writing in a competent manner

Did you receive a Default Notice from the original creditor?

 

I maintain that the original creditor did not serve Default Notice in writing in a competent manner

as I continue to this day to pay a nominal monthly sum to their original bank account

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year?

No,

the only correspondence I have received from Cabot Financial was on the 12th February 2015

– a statement of account and notice of arrears.

The statement actually showed the monthly payments I have been making for the period it covers (1/8/2014-31/1/2015).

This is the only statement I have ever received from the Claimant to the best of my knowledge (see answers above)

Why did you cease payments?

I did not.

After seeking advice from CCCS I wrote to the original creditor and explained that I was (and remain so) financial difficulty.

I offered to make nominal payments of between £1-2 pcm which they accepted and I continue to make.

 

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 management plan?

Yes, as per last but one answer.

The original creditor even agreed to freeze interest on the account.

[dx100uk]

it looks like you might have been following a wee bit of freeman of the land twaddle

I'd forget that now if I was you.

 

 

so lets get you upto speed.

 

 

have you sent cabot a CCA request since you got the claimform?

 

 

if not do so now - CCA request

[£1 BLANK PO do not sign anything.]

 

 

have you sent wright hassle a CPR 31:14 request?

 

 

- if not do so now [top green library tab, legal section]

 

 

so to date all they have done since your defence filing is willy wave

 

 

there's been no dates for anything that's been set yet?

 

 

dx

[MJC1973]

it looks like you might have been following a wee bit of freeman of the land twaddle

I'd forget that now if I was you.

 

 

so lets get you upto speed.

 

 

have you sent cabot a CCA request since you got the claimform?

 

 

if not do so now - CCA request

[£1 BLANK PO do not sign anything.]

 

 

have you sent wright hassle a CPR 31:14 request?

 

 

- if not do so now [top green library tab, legal section]

 

 

so to date all they have done since your defence filing is willy wave

 

 

there's been no dates for anything that's been set yet?

 

 

dx

 

Shall send the CCA & CPR 31:14 request today.

 

Wrt dates, I received a notice from Northampton County Court that it is now a defended claim and I must complete & return the Form N180 (Small Claims Directions Questionnaire) by the 2nd April '15

[dx100uk]

ok good several threads here with example WS's here and in the successes forum.

 

 

I'd let the CCA run for now.

[MJC1973]

So request for CCA was sent in and Cabot write back saying "as you're at a different address we need to check that it's really you before we can comply" - ironic seeing they'll happily issue court proceedings at the new address!

 

The court then said that if they couldn't come up with proof of their claim i.e. CCA etc. then they would summarily dismiss it. Bang on the date the court would dismiss their claim Wright Hassall put in for an application for extension of 60 days "to allow the claimant time to obtain the necessary documents to evidence its claim"

 

This seems nuts - why start a claim if they haven't got the documents to evidence? If they didn't have them at the start or since, why will they suddenly appear in the next 60 days (from the hearing on the 18th June).

 

I want to write to the court and object - can I and is their a cute way of saying it?

[dx100uk]

all these claims are always speculative claims

hoping for a non contested rubberstamped default judgement.

 

 

dx

[AndyOrch]

" Bang on the date the court would dismiss their claim Wright Hassall put in for an application for extension of 60 days "to allow the claimant time to obtain the necessary documents to evidence its claim "

 

Have you received an Order from court confirming this application....? it should allow you to set a side or vary?

[Ganymede]

So request for CCA was sent in and Cabot write back saying "as you're at a different address we need to check that it's really you before we can comply" - ironic seeing they'll happily issue court proceedings at the new address!

 

The court then said that if they couldn't come up with proof of their claim i.e. CCA etc. then they would summarily dismiss it. Bang on the date the court would dismiss their claim Wright Hassall put in for an application for extension of 60 days "to allow the claimant time to obtain the necessary documents to evidence its claim"

 

This seems nuts - why start a claim if they haven't got the documents to evidence? If they didn't have them at the start or since, why will they suddenly appear in the next 60 days (from the hearing on the 18th June).

 

I want to write to the court and object - can I and is their a cute way of saying it?

 

I assume they've just made an application and that there's not Order yet?

 

Have you received a notice of hearing yey?