Cabot chasing Overdraft - no default notice , no deed of assignment

[dorabellaboo]

Hi just a quick question .

 

back in March 2015 Cabot were chasing me for an overdraft defaulted back in 2006 .

 

I requested The original default notice and deed of assignment from Cabot.

 

They have today provided a statement dating back to 2005 up to 2006 but nothing more,

they have also confirmed in the letter that there is no deed of assignment and no record of a default notice from the original creditor.

 

No mention of further legal action or request for payment in the correspondence should I be worried?

 

Last payment was made via dmp in February 2012 .

 

Under CPR rules should they provide the default notice and deed of assignment before taking legal action as I have requested them ?

[fletch70]

A current account does not need a s87default notice

CPR only apply if a letter before action is issued

 

What exactly do they say about the deed of assignment?

 

While I believe you are entitled to see it most lenders refuse and rely on the notice of assignment.

 

Are Cabot threatening imminent court action?

[AndyOrch]

Thread moved to the appropriate forum.

 

You really shouldn't be using the CPR unless a claim has been issued.Try issuing a DSAR

 

Regards

 

Andy

[Bazooka Boo]

A 'deed of assignment'' won't be sent to you, as it is a confidential document between two companies, I think you mean a 'notice of assignment?'' if so then this is usually spat out like confetti.

 

The missing DN will not stop any enforcement or legal proceeding, should they be so inclined, does this show on your credit file still?

[dorabellaboo]

Hi thanks for taking the time to reply - it is very much appreciated

 

sorry I wasn't clear in my first post. The request was further to a pre action letter as per Practice Direction Pre-Action Conduct i requested sight of the documents they intended to rely on in court namely

 

 

 

· The Default Notice;

 

· The Termination Notice;

 

· The Notice of Assignment;

 

· Statements of account;

 

I am aware that it is a rolling credit agreement and that s.77-79 of the Consumer Credit Act 1974 doesnt apply nor CPR at this stage as they havent taken action. Their response has only included statement of accout for 1 year 2005 -2006, the letter states they can not provide the termination of account/default notice or the notice of assignment (i happen to have a copy of the termination letter on file). there is no further mention of legal action or request for payment in the letter.

 

The account no longer shows on my credit report and it has been over 4 years since any payment has been made (the account has been passed from pillar to post and i have not made any payments to Cabot)

 

i am aware that they can still go to court with out any documents and often to - my intention is to try and keep them at bay for as long as possible until statue barred. should I just let sleeping dogs lie

 

thanks again for your time

[fletch70]

Well without the notice of assignment they can not show they have the right to take you to court. I think the same goes for the formal demand. Let's hope they stay lost

[dorabellaboo]

Many thanks for the prompt response

I will wait for their next move

[Guest]

sorry I wasn't clear in my first post. The request was further to a pre action letter

was it a formal letter before claim they sent?