Cabot /? Claimform - OPUS/CITI credit card 'debt'

[dx100uk]

http://www.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=company+number+3757424&sa=Search+CAG#gsc.tab=0&gsc.q=company%20number%203757424&gsc.page=1

 

 

select a credit card thread from this list

[AndyOrch]

Proposed Defence in post#15 checked and amendments made

 

Andy

[keltic10]

thank you

[keltic10]

court letter arrived Friday dated 7th april 2015

 

CASE NUMBER XXXXXX

 

CABOT FINANCIAL UK LIMITED -V- XXXXXXXXXXXXXXXXXX

 

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor)

The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved

informally, the claimant will inform the courts that he wishes to proceed. The court will inform you of what

will happen.

 

Where he wishes to proceed, the claimant must contact the court with in 28 days after receiving your

defence . After that period has elapsed, the claim will be stayed. The only action the claimant can then

take will be to apply to a judge for an order lifting the stay

[keltic10]

letter from Wightmans dated 8th April 2015

 

 

 

Dear Sir

 

Cabot Financial (UK) Limited -v- xxxxxxxxxxxxxxx

 

Further to your correspondence dated 2nd April 2015, the documents which you have requested at number two,

three and four of the same are not referenced within the Claimant's particulars of claim and as such, cannot be requested

pursuant to civil Procedure Rule ("CPR")31.14. In the event that you proceed to make an application under CPR 31.14

for disclosure of these documents, we hereby put you on notice that we will oppose the same, placing this correspondence

before the court, and seek our costs of opposing this application from yourself directly.

 

Whilst we have requested copies of your credit agreement, together with statement of account, default notices, termination

notice and notice of assignment from the original creditor, it may take a period of time to obtain copies of these documents.

Once we are in receipt of these documents however, these will be forwarded to you without delay. Please note that once

directions have been provided by the court to take this matter to trial, a deadline will then be provided for both parties

to disclose all documents on which they seek to rely on at trial. As the documents which our client will seek to rely on are

likely to include some, if not all, of the documents listed above, you will therefore be in receipt of all the required documents

in advance of any subsequent trial.

 

We trust that the above clarifies our client's position but should you require any further information, please do not hesitate

to contact a member of the commercial Recoveries team.

 

Yours Faithfully

 

 

Weightmans

[renegadeimp]

SO theyve admitted theyre going to court without even having the right paperwork? Makes you wonder why the SRA doesnt clamp down on these idiots.

[Old Cogger]

Sra = simply ruddy arrogant

[AndyOrch]

Standard Wightmans response to CPR 31 keltic10 ...nothing to be alarmed about.

 

Andy

[Ganymede]

SO theyve admitted theyre going to court without even having the right paperwork? Makes you wonder why the SRA doesnt clamp down on these idiots.

Clamp down how?

[AndyOrch]

SO theyve admitted theyre going to court without even having the right paperwork? Makes you wonder why the SRA doesnt clamp down on these idiots.

 

They are not required to have any paperwork to issue a claim imp...its only if it is defended / disclosure ordered...that they have to scurry back to the OC to try to retrieve the agreement...invariably they cant...hence all the Notice of Discontinuances. Thats why you must always defend all.

 

Andy

[keltic10]

another letter from cabot...

 

Dear xxxxxxx

 

Your request for information under the Consumer Credit Act 1974

 

Thank you for your request for information under the Consumer Credit Act 1974. Cabot

Financial currently does not have this information on file. However, we have requested

the relevant information under section 77 and/or78 of the Consumer Credit Act 1974

from the original lender.

 

What happens next?

 

We anticipate that we will be able to provide this information within 40 days. In the event

we are unlikely to obtain this information within those limits, we will write to you again.

 

Contacting Cabot

 

If you have any queries about your account please call one of our customer advisors on

xxxxxxxxxx (minicom xxxxxxxxxx)

 

Yours Sincerely

 

 

xxxxxxxxxxxxxx

Customer Support Consultant

 

 

 

.............................................................................................................

Legally I thought they only had 30 days before the case is stayed?

 

any body with any thoughts about the letter?

 

thank you

[AndyOrch]

Again ...standard response to section 77/78 request.....funny how it takes 40 days to try to get anyone's agreement:lol:

 

Relax and forget it now until they can find something.

[keltic10]

At last i have had a reply from Cabot as per following:-

 

 

 

 

Dear xxxxxxx

 

Your request for information under the Consumer Credit Act

 

Unfortunately Cabot has been unable to provide you with the requested information with in the

relevant time.

 

What happens now ?

 

We shall continue to request the information from the original lender to assist you with your

request. In the mean time, we would like to inform you that your account shall remain on hold

with the Customer Care Department until such time we can comply with your request.

 

Your account

 

Your credit agreement is currently unenforceable, which means we are not permitted to obtain

a judgement or decree against you in court. However, you are still obliged to repay the outstanding

balance as confirmed in this letter and therefore we would recommend you contact us as soon as possible

to set up a repayment arrangement or continue with you existing payment plan.

 

Independent Advice and Financial Difficulties

 

If you would like to know more about your consumer rights, we recommend you contact your local Citizens Advice

Bureau (it carries on so)

 

 

........................................................................................................................................

 

I think looking at the letter i have won the case, i would like to thank everybody who helped me win this case

i will make a donation over the week end thank you all

 

 

PS i will be opening another case very soon. Sods law i did not have time to celebrate because my next letter i

opened was a court summons for another credit card problem from 2010 with Lowell Portfolio!

 

But still a good day and thank you all

 

Keltic10

[dx100uk]

that is the std response to a failed CCA request to cabot.

 

 

they might not even put two and two together.

 

 

so don't count it as a win yet

but the start.

 

 

dx