Cabot/Wright Hassall claimform - old Halifax Aqua Card 'debt'***Claim Discontinued***

[Lillychick]

Good afternoon

 

I have received a CC claim form from the above. It's in relation to an Aqua credit card and is for an amount just short of £2000.

I did receive a letter from WH a couple of weeks ago but truth be told I pretty much ignored it. I'm not sure if the debt is statute barred or not, If it isn't it must be a whisker away from it. I don't recall having heard from Cabot about this matter for quite some time.

It's been several years since I tackled any debt problems and I'm very rusty on how to proceed.

 

I know I need to send a CCA request to start with. Do I send this to WH or Cabot?

I know I need to send a SAR. Do I send this to Cabot? Or Aqua? (I don't even know if Aqua still exist)

Is there anything else I need to request from any of the above.

 

Apologies for all the questions. I really am that out of touch with this stuff. Any help would be much appreciated.

 

I did use be a regular user of this forum quite a few years back. I don't remember my original username and the email address I used back then is long gone, so I have re-registered. Thanks in advance for any assistance

[shamrocker]

Hi Lillychick

 

Some of the guys like DX will advise you on the CCA, SAR and CPR side of things and Andyorch on your defence. In the meantime, could you read this link and then post up the answers to the various questions -

 

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

 

Cheers!

 

Sham

[Lillychick]

Thanks Sham. That was a quick reply!

My memory is a bit sketchy re dates but I've answered as best I can. I have no paperwork from that long ag t refer back to.

 

Name of the Claimant ? Cabot Financial

 

Date of issue – . 21 September 2015

 

What is the claim for –

 

1.The claimants claim is for debts arising from Consumer Credit Act 1974 agreements.

The claimant is an assignee of the following debts,

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

Bank of Scotland Aqua card credit card. Account number (16 digit number) £18xx.xx.

2.Despite demands for payment, the above sums remain due.

The claimant therefore claims the sum of £18xx.xx interest under s.69 County courts act 1984 and costs.

 

What is the value of the claim? £2003.xx in total

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? No

 

When did you enter into the original agreement before or after 2007? I am unsure of this. It was either 2006 or 2007 but I can't narrow it down further than that

 

Has the claim been issued by the original creditor or was the account assigned

and it is the Debt purchaser who has issued the claim. Cabot financial

 

Were you aware the account had been assigned

did you receive a Notice of Assignment? No. I have had a couple of house moves though between then and now

 

Did you receive a Default Notice from the original creditor? i can't remember but see previous answer

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments?

I was in a pretty bad way financially at the time.

To be honest I was drowning in debt, some of which I ignored at the time

 

What was the date of your last payment? I don't know.

 

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 managementicon plan? No

 

Thank you again

[SabreSheep]

Hi there

 

Please do your best to narrow down when your account opened. There is a massive difference between accounts opened before a certain time in 2007 and those afterwards,

[shamrocker]

Can you check if there's a default on your credit file for this debt? This might give you a fair indication as to whether it's statute barred or not - assuming no payments or acknowledgement has been made since then.

[dx100uk]

What was your old username even a guess of part of it please

[renegadeimp]

Also, ever requested a CCA. Cabot rarely ever hold the right paperwork, and if they see an amount for a few thousand, they will jump at a claim hoping to get a judgement without you realising.

[Lillychick]

Hi there

 

Please do your best to narrow down when your account opened. There is a massive difference between accounts opened before a certain time in 2007 and those afterwards,

 

Hi

I think the only way I can do this is by requesting a copy of the original credit agreement.

 

I can remember that I applied online and that's about it.

 

I realise that it makes a difference to things but without any paperwork and it being so long ago, I can't say for sure.

 

I had a lot of messy stuff going on with finances back then.

 

Several credit cards, loans etc.

 

I will have a look on my credit file later tonight to see if that sheds any light on things, thanks for the suggestion Shamrocker.

 

I also meant to ask,

do I need to do anything on the money claim website yet?

 

DX100UK I'm afraid

I don't and as I said the email I used back then has long since been defunct so I couldn't even retrieve my details.

 

I wasn't a very prolific poster but I did make use the site to help with a bank charges claim amongst other things.

 

I was one of the ones who took a partial settlement from Barclays for about two thirds of my claim. That would have also been around 2007/8 I think.

 

Oh I've managed to find this on my credit file. Details are:

 

Account started 07/11/2007

Default Date 15/04/2010

Default Balance £1539

 

I have never made contact with Cabot over this at all.

[dx100uk]

OK well could get sticky as its post Apr 2007 sign up

 

Pop up on mcol

Register as a new user

Then log in and ack AOS the claim

Defend all

Leave jurisdiction unticked

 

CCA request to Cabot

CPR 31:14 from the legal section of the library to wh

 

Don't sign anything blank £1 PO for cca

[Lillychick]

Thank you all so much.

I have the letters prepared and will post them tomorrow.

[dx100uk]

and you've ack'd the claim too?

[Lillychick]

Yes. Should have said I did that too. Thank you for the instruction.

[Lillychick]

I received a letter from WH this morning.

 

'We note that the value of this claim is less than £10,000 and therefore this claim is likely to be allocated to the small claims track. It is therefore likely that CPR r.31.14 will not apply. However, in order to comply with our disclosure obligations as they arise, we have also requested copies of the relevant documentation from our client and will forward these documents to you on receipt.

 

Please note that this does not change the time limits given to respond to a claim.

 

We trust this assists'

 

I've not had anything back from Cabot yet following the CCA request.

 

Can anyone advise what, if anything, I should be doing now? I'm aware that the time limit is creeping up.....

 

Thanks in advance for any advice

[dx100uk]

nothing usual rubbish they sent to unsettle you.

 

 

just don't miss you def filing date!

[Lillychick]

Thanks for replying. I'm assuming if the documents are not forthcoming by that time then that is what I put in the def?

[dx100uk]

lots of examples here

 

 

simply copy and paste your thread heading into the search cag of the red top toolbar

[dx100uk]

http://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Cabot/Wright+Hassall+claimform+-+old+Halifax+Aqua+Card+'debt'+&sa=Search+CAG#gsc.tab=0&gsc.q=Cabot%2FWright%20claimform%20-%20%20Card%20

[Lillychick]

Thank you for this, it's very helpful. I have heard nothing back from WH or from Cabot.

 

Unfortunately I have been dealing with a more pressing issue the last few weeks and this one has inadvertently been put on the back burner. Thats not giving me a great deal of time but thanks to the examples in the link I should be able to put something suitable together.

[dx100uk]

Get you finger out

 

Def is due by 4pm Friday

 

Post it here 1st

And we'll check it

 

Dx

[Lillychick]

Get you finger out

 

Def is due by 4pm Friday

 

Post it here 1st

And we'll check it

 

Dx

 

Yes I know I'm cuttting it fine. Unavoidable unfortunately.

I'm hoping to have it finished tonight. Thank you for the kind offer to check it. Much appreciated.

[Lillychick]

Post to get to 10 posts as I'm getting an error message about links or images even though my post doesn't contain any.

[Lillychick]

Ok this is what I've put together. Largely taken from the list of examples in the link. So thank you to everyone who posts them. What with my rustiness and time constraints, I'm mighty relieved for the help.

 

 

POC

 

 

1.The claimants claim is for debts arising from consumer credit

Act 1974 agreements.

 

2.The claimant is an assignee of the following debts, notice of assignment having been given t the defendant in writing. [/color]

Bank of Scotland Aqua card credit card. Account number (16 digit number) £18xx.xx.

3.Despite demands for payment, the above sums remain due.

The claimant therefore claims the sum of £18xx.xx interest under s.69 County courts act 1984 and costs.

 

DEFENCE

 

 

The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

I have in the past had financial dealings with Bank of Scotland.

I have not had any financial dealings with the claimant.

I am not aware of and have not been given the written Notice of Assignment referred to in the Particulars of Claim.

I have received no demands for payment from the claimant.

 

I have received no statements or Notice of Sums in Arrears given that the claimants plead they are the legal owner of any alleged debt.

It is my understanding and pursuant to the CCA 2006 amendments that the claimant is prevented from any enforcement during this lack of service.

 

Notwithstanding the above, requests for information pursuant to the consumer credit Act (section 78) and CPR 31.14 were made.

The requests were sent on 24th September 2015 by Recorded Delivery Post.

Both the claimant and their solicitors received the requests on 25th September 2015.

To date I have received no response or acknowledgement from the claimant.

I received a letter from the claimant’s solicitor on 3rd October 2015 stating that they had requested the relevant documentation from their client.

I have received no correspondence from them since.

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

On the alternative, if the Claimant is an assignee of a debt it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer Credit Act 1974

 

It is denied with regards to the Defendant owing any alleged monies to Cabot Financial (UK) Limited.

 

The Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© evidence of any nature of breach and show service of a Default Notice and Notice of sums in Arrears.

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[Lillychick]

Hello folks,

 

 

I thought I would post an update on my case.

 

 

Unfortunately for me, shortly after all this happened I was thrown a giant curveball Healthwise

that has kind of engulfed me for the last few months.

 

 

Onwards and upwards.

 

After filing my defence I was contacted by the mediation service.

After a brief conversation they concluded that mediation wasn't appropriate as I didn't acknowledge the debt.

 

 

I recieved a court date for my local court which is on Friday this week 8/4.

I've submitted my documents to the court, WH and also Cabot.

There wasn't much as I hadn't heard a peep from either of them.

 

 

I only had my proofs of postage for my CCA request to Cabot and my request for docs to WH,

as well as copies of those requests,

 

 

WH reply to me early October 2015 acknowledging my request and telling me they had requested docs from Cabot.

That was it.

Nothing at all from Cabot.

 

Last week I recieved a copy of an adjournment request from WH.

They had asked the court for a 6 week adjournment to obtain the docs I'd requested.

Over 6 months later?

 

 

Okay. I had a phone message from the court today informing me the adjournment had been denied

and the case is going ahead on Friday.

 

I'm hoping this can only be good news and no documents will be forthcoming by Friday.

I have not given this matter the attention that I normally would have.

 

 

I have chemo brain fog! (it's true....it does exist!)

Hopefully I have done enough by asking for the documents I did

and keeping tabs on what little paperwork there was,

enough to look like I did what I could.

They clearly haven't did very much or anything at all.

 

I will of course let you know what happens on Friday.

Apologies again for the lack of follow up.

I do know it helps others to post info on these cases.

[AndyOrch]

If they have failed to serve their disclosure and witness statement at this stage so close to trial...they have no evidence to rely on come the trial...court should strike it out Lilly.

 

But its imperative you inform the court on your arrival that they have failed to comply with Court Directions.

 

Andy

[martin2006]

Well it certainly doesnt look like they are going to produce anything, keep in regular touch with the court to make sure they dont do any last ditch document filing and you must go to court on friday, whether they confirm docs or not.