Cabot/restons Claim form - old MBNA card 'debt' ***Claim Discontinued***

[MBaxter]

Aha - thanks Andy. It certainly makes for quite an interesting read. There are a couple of solicitors with blogs who specifically defend against cases brought by Cabot etc. and their blogs are an interesting read too.

 

Now, I wish I knew then what I know now back then. I'm so glad I found this site and the subsequent information I have since found out, it's quite enlightening.

 

I am now seeing what their next move will be with regard to that.

 

I am awaiting for one other to surface but they have never approached me about it

but that one is complex as it was for a loan and the loan amount was taken from my current account

and promptly closed/sold on.

 

 

I gather that is an illegal move but they can be muddy to defend but until such time as that particular dca writes

and I spoke to them in 2015 and they said they had no record of me on their books, I won't loose any sleep over it at all.

 

Thanks again for your help mate.

[dx100uk]

nothing illegal [criminal] about it at all

you mean unlawful - civil

 

 

and if you mean merging regulated and unregulated borrowing

then its not unlawful , looks like off-setting to me?

[MBaxter]

yes sorry wrong terminology there. I meant unlawful. Are they difficult to defend dx?

[dx100uk]

who was the OC not HSBC was it?

[MBaxter]

no, coop!

[dx100uk]

ah the old per loan syndrome with the same number as the bank account

but with 2 extra digits on the end.

played that game before here.

might be best you start a thread on it

we know lots about them

[MBaxter]

just got back from working in New York for a few weeks,

 

 

I received notification from the courts that my defense had been filed

and the claimants have 28 days to respond or the case will be stayed.

 

 

While I was away April 6th, they sent a letter saying they haven't received any money from me

and that I should set up a payment plan for the amount owed but it now includes

the amount they said was due plus the court fees.

 

 

I have checked with the courts, they have received nothing from them, so it is stayed.

 

The letter doesn't even acknowledge they have tried to take me to court, its just a standard computer generated letter.

 

 

I would imagine, I just ignore this but my reason for posting is this just shows how inept they really are.

 

 

I will await to see if anything further happens.

[AndyOrch]

[MBaxter]

Quick query really... How long can a case remain stayed for? Is it indefinate or can they apply at any stage to lift it?

 

Ta

[AndyOrch]

Yes indefinite and yes they can apply to lift the stay at any stage.

[MBaxter]

Oh shame - it can never go SB then. I guess they don't have anything as they'd have come up with it by now but I won't count my chickens.

[dx100uk]

well in all effect after a few years the sb does resume as was.

don't think the are any examples of a judge allowing SB to be indefinitely suspended

[MBaxter]

Bad News

- just leaving for the airport this evening to take a project overseas

 

 

the mail man comes with a letter from the courts with directions for small claims track.

 

 

I am so busy with work and travel at the mo and this needs to be in by May 4th.

 

 

So annoyed especially as I called the courts Friday at 4.0pm

and they said they had received nothing and that was the last day for them to respond.

 

 

I haven't had a response to my CCA request only an acknowledgement of my cpr31 request from their lawyers.

 

 

What to do now!

[AndyOrch]

Complete it and return it...only take 2 mins to complete.

 

Andy

[MBaxter]

I spoke to the courts as I made an error on the form.

 

 

The woman was very helpful and sent me the form by email and said I could submit it by email.

She said it probably works a little better that way as the courts have proof I'm overseas too by the IP address

and she also told me to submit a proof that I live overseas too.

 

 

That way I can make a reasonable request to push back any hearing beyond 6 months if I need to.

 

 

I may actually need to get a lawyer specializing in this involved as I am really tied up until the end of the year.

 

 

Not ideal but I am a bit stuck.

[MBaxter]

THANK YOU - THANK YOU - THANK YOU - THANK YOU - THANK YOU - THANK YOU - THANK YOU - THANK YOU - THANK YOU - THANK YOU - THANK YOU - THANK YOU

 

Well I just got off the phone to my family in the UK.

After two letters arriving last week from the company referred to as Cabrot and their illegal advisors,

stating they can prove I owe them money and that I should consider setting up a payment plan to avoid court action,

a further 2 letters arrived Friday from both the Claimant and their solicitors to say they are discontinuing the claim.

 

 

I haven't read the letter myself but it says the debt will remain etc. etc.etc.

however, the O.C is unable to obtain the original documentation etc.

so they have decided to discontinue and have duly notified the courts,

 

 

I will double check with the courts to ensure they have done what they have said

and I am sure they will notify me too but this is GREAT NEWS!!

 

I had already checked my credit score a month or so ago and there are no details on my credit file at all.

In fact, considering I live overseas, my credit score is 490 which is above average, so I am quite happy about that.

 

Thank you all for your advice and help and it's time to make that donation me thinks.

[renegadeimp]

Congratulations. Proof that Cabot rarely ever have paperwork before threatening legal action. They really need to be brought down.

[MBaxter]

Yep indeed. I'm almost glad it took this route as it has cost them more in court fees but it was a pain in the a$$ at the time.

[AndyOrch]

Well done...thread title amended to reflect the outcome..

 

" it's time to make that donation me thinks. "

 

Regards

 

Andy

[Guest]

'dilly ding, dilly dong', another one gone.