Cabot/weightmans claimform - following SD set aside in 2013 - halifax Aqua Card ***Claim Discontinued***

[Poppay2]

I really dont know I can only guess that they are not all up to scratch here with the finer details of the insolvency process.

 

It wasnt until I pointed out that it was an abuse of process that he asked about having any judgements against me, I guess he just assumed I did have them and that was why they had issued the SD. I dont think he even read the form 6.5 and the attachment where I stated I had a letter saying there was coca from nearly two years ago.

when I mentioned this he looked at the paperwork, I really dont think he read any of it maybe just the SD with the basic details.

As soon as I pointed out the abuse of process and said I had no judgements he immediately found in my favour and set aside the SD.

[BRIGADIER2JCS]

I will do that, is there a template for the oft?

 

Go to the OFT website details for complaints are there.

[BRIGADIER2JCS]

Why on earth did the judge ask if you had any judgments against you? Totally irrelevant!

Judge may have been thinking historic problems with the same company, I here it asked quite regularly DB.

[42man]

Well done a good result...

[babymoll]

Good news Poppay2!

 

Hoping for similar result with the same company/legal firm.

 

regards

Babymoll

[Poppay2]

Hi

Not sure if I am posting this issue in the correct forum.

 

received letter from Cabbot & Mrrlin both are notices of change. This letter from Marrlin is less aggressive than the letter dealing with the Arrggoos store card.

 

Cabbot issued a statutory demand last year, which was set aside in my favour on this debt.

 

My first thought is that i write to Marrlins and request a CCA. I have done this with several DCAs who have not been able to produce a CCA.

Do I also say that this account is in dispute?

 

Poppay

[citizenB]

Poppay, is this to do with the original post ? or a different situation altogether.. if different - then I think you should start a new thread.

[Poppay2]

hi citizenb

 

I did start a new thread, I didnt access this old thread at all. I assumed someone tacked it onto the end of the this thread.

 

No, this is not related to the original thread, as caboots have sold the debt on to Marrlinss. In fact they have sold two on to them, and Restons are already haranguing me within only a couple of weeks of this happening.

[Poppay2]

once more I return into the fray...

 

 

.. Having had a judge set aside a Statutory Demand in 2013,

Cbot have returned and have sent threatening letter stating that if I do not contact them within 7 days of the date on the letter they will proceed with the CCJ court action.

 

 

Of course there is NO date on letter.

I still have no CCA from them,

however they did sent a statement of account a couple of weeks ago.

 

 

I am currently at work and trying to view other threads regarding this matter, as I know I need to research this new development,

 

 

any advice would be most welcome.

 

my bad.... just found the date on the letter was dated 28 May I received it Tuesday 2 June

[citizenB]

What type of postage did they use ?

 

Until you receive a claim form, then there is little we can do.

 

Is it likely this debt is now statute barred ?

Edited June 5, 2015 by Andyorch
amended

[Poppay2]

Hi CitizenB they used UKMail which does not have a date stamp on it. I thought myself that this would already be going down the court route once again. doubt that it is statute barred especially as the last claim some months before the SD kicked in. will just have to wait for the claim form. will advise as soon as it arrives. thanks

[AndyOrch]

Stat Demands have no bearing on the Statute Barred status.

 

Andy

[Poppay2]

UPDATE

 

 

I have received a letter which offered a lower amount to settle, which I ignored.

 

 

This week I received a letter from Wghtmans Solicitors asking me to contact within 7 days of date of letter

which was dated 14th to discharge the debt, otherwise they will take instruction from their client (Cabot).

 

 

I would have to go through all my documents but I dont think it is quite statute barred just yet,

hence the continuing saga,

although even if it was statute barred it would not make much difference to these people.

 

 

I guess there isnt much I can do at present as I have done it umpteen times already.

 

 

Still no CCA to prove debt either.

 

 

regards Poppay

[Poppay2]

I have now recieved the claim form .

 

 

Particulars of the Claim

1. The Defendant entered into a credit agreement described by the original creditor

as Bank Of Scotland (Aqua cARD)- Credit Card and having account number *********** ('the Account').

 

 

2. The Claimant, a UK limited company with company number *******, 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 claimnat in respect of the account in the sum of 27**.37 4.

 

 

The Claimant claims the said sum of 27**.37, plus costs.

court fee £105

Legal representatives costs £80

total 2***.37

 

 

I know I have 14 days in which to file a defence.

 

 

the claim is dated 7th Oct

[Poppay2]

Particulars of claim exact as typed, barring account numbers and total amounts.

[Poppay2]

Is it worth sending a CCA request to Weghtmans?

[Poppay2]

since weghtmans have had this the amount has risen, from approx 1800 to 2700

[tedney]

since weghtmans have had this the amount has risen, from approx 1800 to 2700

 

I hope others will be able to help you with CCA advice etc. soon.

 

Be very careful with Weightmans. They may deny receiving your letters, even when sent "signed for"and add large sums which you have already found out!Ask them to substantiate increases, or deny that level of debt.

 

Please heed the general advice on here and do not use the phone to contact them unless you can record everything.

 

Good Luck

 

t

[Poppay2]

hi Tedney thankyou for your advice. I dont trust any of them.

 

 

They just ignore everything and continue to bully.

 

 

I NEVER speak to these people over the phone.

I need to review all my documentation again as this is not the first court case for this matter.

 

 

I would have done it over the weekend but my mother was admitted to hospital with severe angina

and I havent had a chance to review everything.

 

 

I always ensure that everything is in writing.

 

 

However, i do find it all rather depressing,

but that will not stop me from fighting back

[dx100uk]

can you fill this out please

 

 

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

[dx100uk]

disregarding the recent SD attempt

when was your last use or payment?

 

 

dx

[DonkeyB]

Just going back over your thread.

 

Failure to produce an agreement or copy in accordance with s77-78 of the CCA is an absolute defence.

 

You have evidence of replies to your CCA request where they have stated:

 

(i) we don’t have the agreement. They then correctly quoted McGuffick to point out that the debt still exists and is reportable to CRAs. They did not point out the debt remained unenforceable without the agreement.

 

(ii) we don’t need an agreement, because this account falls outside the CCA. Sadly, the claim form proves this was nonsense.

 

I also note that they are only claiming for the Aqua account, not Argos – or have they lumped two sums together under one account?

 

As things stand, this will be easy to defend. It may be worth writing to the claimant pointing out that you have been told previously there is no agreement, and that in the absence of an agreement being produced prior to any hearing, you will seek costs (you really can do this, even in small claims where the claimant’s behaviour is unreasonable). You may even want to get lawyered up, as any solicitor worth their salt would lick their lips at this.

 

Did you remind them there was no CCA? For background, when exactly did you open the account? Could it have been opened online after 2007? My concern is that they miraculously come up with the goods in court.

 

Who is the claimant? Is it still under Cabot or under Marlin? Get a CCA request into them now, as well as a CPR31 request, but make sure you make it crystal clear this is a DUPLICATE CCA request. Well worth a £1 – belt and braces...

[Poppay2]

This is purely for the Aqua account.

The Argos claim was separate and rescinded by the claimant.

I have no idea why it was rescinded it might have been because it was statute barred.

I just had a letter from the court saying that the claimant was not proceeding.

 

 

I have not written to weightmans at all.

it was another legal firm that dealt with the SD.

 

 

should I write to both Cbot and Weightmans and send CCA to both?

 

 

As for getting lawyered up,

I have no funds for a lawyer, they dont come cheap.

 

 

I will have to double check but I think I may have opened the account in 2006,

and I dont think I did it online.

 

 

Claimant is Cabot Financial UK Ltd.

 

I have drafted the body of the Duplicate CCA letter as below

 

 

template removed please don't post our templates in the open forum - dx

[dx100uk]

when was your last payment/use

the SD does not as far as I know reset the SB date

 

 

so this could be SB'd?

go find out

 

 

then theres no need to send anything to anyone

 

 

dx

[AndyOrch]

" I just had a letter from the court saying that the claimant was not proceeding."

 

 

A Notice of Discontinuance?