Cabot claimform dec2014 for jd williams cat debt post APR 2007 - they've sent agreement & want 'a deal' or court

[Lubadog]

Back in dec 2014 I received a court summons from Cabot financial saying they where going to take me to court for a debt that I don't remember.

 

I replied to them after getting some information asking for a statement of account and sar. I filled out the court letter saying I was going to defend as was going some reading off your site.

 

After slmost 6 months they have sent me a letter with a credit agreement with no signature but I'm understanding this would not be needed as it was prob done online.

 

And a statement where a last payment was made in 30/05/2010

 

They also envlosed a letter saying they have complied with my request for information

and they are able to enforce the credit agreement but they would prefer that we work together to set up a payment plan.

 

I'm not sure weather to call them and set up a payment plan although after reading here you guys say don't do that.

 

So I'm asking what do I do next please

[Bazooka Boo]

Never EVER discuss financial issues over the phone, especially when it comes to powerless DCA's.

 

I don't understand what you mean when you say they sent you a court summons, you told the court you were going to defend

then cabrot now say they want to come to an agreement?

 

Doesn't make any sense.

 

You either received a court summons, or it was a cleverly worded threat letter from cabrot claiming they 'may' take legal action.

 

Can you scan and post up what they sent you, but you MUST remove ALL identifiers, bar codes, ref numbers etc.

[havinastella]

When (Exactly) was the account opened?

[Lubadog]

Ok maybe got wording wrong.

 

 

The court sent a letter saying that Cabot where taking me to court and asking if I wanted to defend, etc just before Xmas .

I had to log on to the courts site and state how I wanted to respond.

 

After doing some internet searches I found out I had to apply for more information or sar and credit agreement this was jan 15th.

 

Now today they have sent me the credit agreement and an account statement with an enclosed letter say :

 

Please find enclosed all of the relevant information following your request for information under section 77-78 of the consumer credit act 1974.

 

As we has now complied with your request for information We are able to enforce the credit agreement,

which you signed and entered into.enforcement means we are able to obtain a county court judgement against you.

 

However we would prefer that you work with us to set up a repayment plan to settle your outstanding balance.

 

The outstanding balance is xxxxxx. Please contact us on xxxxxyo discuss the options available.

 

Ok they sent a credit agreement but no signature but I'm guessing that's not required as its after 2007.

 

Hope you got all the info you need

 

Thanks in advance

[Bazooka Boo]

Yes, agreements post 07 are deemed CCA compliant.

 

Did you send jd williams a SAR?

[Lubadog]

Yes but they never responded

[dx100uk]

moved to legals.

 

 

As it stands the claim is stayed.

 

 

can you scan up what they have sent you please

 

 

follow the UPLOAD

 

 

pop it all in a word doc first then PDF that

so all the scans are in one document.

 

 

the next move is theirs not yours..

if they want to pay and lift the stay.

 

 

IMHO if they are offering 'a deal'

why have they not gone to court?

 

 

dx

[Bazooka Boo]

Yes but they never responded

 

If they are out of the 40 day time limit, then you should make a formal complaint to the ICO.

 

As DX says, if they were that confident they wouldn't be offering deals at this late stage.

[Lubadog]

I will copy and upload everything later as I'm at work at the minute

[panther12]

I don't think the claim is stayed

 

 

as from my reading of this the OP has only completed the acknowledgment of service when they received the claim form in Dec 14.

 

 

Irrespective of requesting more info you only had a max of 33 days to submit a defence otherwise the claimant is at liberty to obtain default judgment.

 

 

Looks like they havn't yet but they can do within 6 months from the time you should have submitted a defence.

 

 

It's now a question of who gets in first.

 

 

If the court receive a defence before the claimant requests default judgment then the defence takes priority.

 

 

If they receive the claimants request for default judgment (within 6 months) before you submit a defence then the default judgment takes priority.

[AndyOrch]

I don't think the claim is stayed as from my reading of this the OP has only completed the acknowledgment of service when they received the claim form in Dec 14. Irrespective of requesting more info you only had a max of 33 days to submit a defence otherwise the claimant is at liberty to obtain default judgment. Looks like they havn't yet but they can do within 6 months from the time you should have submitted a defence. It's now a question of who gets in first. If the court receive a defence before the claimant requests default judgment then the defence takes priority. If they receive the claimants request for default judgment (within 6 months) before you submit a defence then the default judgment takes priority.

 

Correct.....

[dx100uk]

there you go LB.

 

 

so lets see what these magic document are they think is a CCa return

 

 

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