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


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I am a 51 year old male living in Kent and really could do with some help please?

 

Long story short, I got into trouble 13 years ago when my partner passed away leaving me with joint unsecured debts of around £10k.

 

I foolishly turned to Spectrum in mid-2005 and I entered into a DMP where I thought I was clearing it. Sadly, I was mis-sold this and was told 2 years ago, I had not cleared any of it and the interest had accumulated. I cancelled my agreement with them, I contacted Cabot (I think as that was the only company I remembered) at the time in the spring/summer 2014, I didn't admit to anything and I never heard anymore.

 

I have been working abroad off and on (Freelance Cameraman and gotta go where the work takes me) and was not aware of how bad the situation until Friday when I got the Northampton court letter which was dated on Feb 10th for a loan from Cabot via MBNA.

 

I do not have any of the original paperwork as my car was set on fire in the riots nearly 5 years ago and my case with papers were gone. I am wondering what I should do? I have acknowledged the action and sent a CPR-18 letter to their solicitors asking for more info.

 

Please can someone throw some light on this for me please? I'm quite worried this may go the wrong way and will have an impact on my new wife.

 

Ta - Mike

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

 

Hello and welcome to Consumer Action Group.

 

As you have received a claim form I have moved you to the correct forum. You need do nothing, it is purely an administrative move.

 

What you need to do first is to have a read of the thread I have linked at the top of this post. If you could provide answers to the questions asked, and post them here, in this thread, then we can help further.

 

In respect of the timeline you are now faced with..

 

Date of issue - 10.02.2016 + 5 days for service = 14.02.2016 + 14 days to acknowledge the claim = 28.02.2016 + 14 days to submit defence (if you intend to defend) = 13.03.2016

 

You still have a few days in hand, but you must register on the MCOL gateway using the password and claim number on your claim form by the date I have given you above. Then acknowledge that you have received it. Then you will get the extra days in which to submit your defence.

 

As soon as you have provided us with the information asked for, then we can help further :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

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Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Oops.. I see you have already acknowledge the claim.. so just have a read of the link and provide the answers then we will take it from there.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you for your prompt reply and your help with this so far, I really appreciate it. Here is the info I have for you.

 

Name of the Claimant ? Cabot ? :)

 

Date of issue – 10th Feb

 

Date to submit defence by 4pm Friday 11.03.2016 =

What is the claim for –

 

Claimants claim is for debts arising from CCA 1974 agreements.

The claimant is the Assignee of the following debts,

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

MBNA Account No.1234 £4,156.

Despite demands for payment, the above sums remain due.

The claimant therefore claims the sum of £4,156 interest under s.69 County Courts Act 1984 and costs

 

What is the value of the claim? £4156 + 185 fee + 80 Legal Reps

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card

When did you enter into the original agreement before or after 2007? (2001)

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)

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

I was only made aware via demands for payment letters and calls in 2004,

no formal notification to my knowledge

– this all started to happen in late 2004 and has been passed around quite a bit.

 

Did you receive a Default Notice from the original creditor? Again, not to my knowledge.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

No not one (although oddly, one turned up yesterday dated Jan 29th - the first one ever).

 

Why did you cease payments?

I was on a DMP via a well known company and upon speaking with them,

I become aware interest had been lumped on and the debt not going down.

 

What was the date of your last payment? Feb 2014

Was there a dispute with the original creditor that remains unresolved?

Yes, a card charge my g/f and I did not recognize only a small amount

(£28 from recollection but I don't have that to hand as it was in my case

when my car went up in flames during the riots in London).

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

 

 

Yes but they weren't interested. I then entered into a debt plan via another DCA in Jun 2005

but I now understand Cabot bought this in Sept 2005

3 months after, but only from the statement they sent yesterday

 

 

I have acknowledged receipt online Monday and sent a CPR-18 to the claimants lawyer, yesterday)..

Edited by citizenB
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You say you have sent the claimant's Solicitor a CPR 18 ?

 

I think perhaps you should have sent them a CPR31.14

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

Have you sent a CCA (s78) request to the Claimant ? This is a request for a copy of the agreement.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

It might be a good idea to have a look at your credit files and see if the account was defaulted/terminated and when ?

 

Do you know if any default / penalty charges have been added to the account or if there was any PPI attached to the original agreement ? I would have thought your employment would have precluded you from making a claim on PPI so that might have been mis - sold.. if it was there in the first place.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I was quite switched on to the PPI being added on at the time, I worked in Finance to a degree for a short while in the late 90's so I was aware of add-on's but that's not to say it wasn't added. My life changed in 2003 when my g/f passed away and I went into denial and was off the rails for a while, burying my head in the sand. I woke up in late 2004 and started to take charge of matters as best I could or as best I thought I was at the time.

 

I have read your posts/links above. So the letter is slightly different but essentially the same, do I send of a second letter as a CPR-31.14 and then the second letter CCA to the claimant.

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crp 18 is a waste of time

and so is asking for the deed of assignment

not sure where you got that idea from..certainly not here of recent times I'm sure

 

 

send the CRP31:14 that CB pointed to..to the solicitors - who are...??

 

 

and send a CCA request to the claimant

 

 

read the full threads for each first.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you - will do that tomorrow. Solicitors are Reston's. Should I wait to send CCA out to them or do that at the same time?

 

Also, I have another issue which I should have mentioned.

 

 

Under the same DMP I entered into,

 

 

I have another one that is about to rear its head I believe as I received a statutory letter Monday dated Feb 2nd demanding £8,200 by Feb 21st, stating if I fail to pay said amount they have instructions to issue a claim against me.

 

 

Should I send a CPR-31.14 to them too?

 

Thanks in advance for your help.

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no let that one run

 

 

go read my post again

who did it say to send things to?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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no read the post properly

the cpr goes to the sols - restums

 

 

the cca goes to the claimant..

 

 

please wake up at the back and pay attention..

 

:lol:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I worded the first question I asked wrong and then wondered why you corrected me. I meant originally to send CPR to solicitors and cca to claimant. Do I send 3 days apart, is that right or do I send at the same time?

 

I really do appreciate folks help so thank you for that.

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where's this 3 days apart come from?

 

 

nothing here suggests that?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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mike , FORGET all the cobblers you've acquired from a certain site

which promises the earth but leads only to perdition, court would laugh

at 3 letter process , novation etc etc , it's as invalid as it is bizarre

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oh god you're not follow freeman of the land site ar you..

 

 

please NO!!

 

 

I wondered where all your confusion over the plain simple instructions

given here was coming from.

 

 

FMOTL=TWADDLE

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks. I had been given that advice from another site (I shan't name them) but there were so many people with conflicting ideas and I was recommended to here (thank fully).

 

Sorry to be a further pain, as I had entered into a DMP all those years ago, will that conflict me claiming I do not acknowledge this? Cos there were 5 debts on the dmp, 2 cleared now is that enough to muddy the waters?

 

Sorry for all the questions, I just want to get this 100% right.

 

Thanks

 

No it's the GOODF site with the 3 letters twaddle. I opened that up and laughed and it was at that point I thought I am not getting the best advice. The intentions are probably right tho.

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Thanks. I had been given that advice from another site (I shan't name them) but there were so many people with conflicting ideas and I was recommended to here (thank fully).

 

Sorry to be a further pain, as I had entered into a DMP all those years ago, will that conflict me claiming I do not acknowledge this? Cos there were 5 debts on the dmp, 2 cleared now is that enough to muddy the waters?

 

Sorry for all the questions, I just want to get this 100% right.

 

Thanks

 

No it's the GOODF site with the 3 letters twaddle. I opened that up and laughed and it was at that point I thought I am not getting the best advice. The intentions are probably right tho.

 

 

in relation to what

if you mean whatever defence we use

that's weeks away

get the AOS / CPR / CCA done

don't waste time delaying things

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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no need recorded

1st class with free proof of poting will do

 

 

remember don't sign anything

leave the po uncrossed

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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All out now. Postal Order done too and completed by post office. I await their response but I think I know what that will be.

 

Thanks for your help so far, no doubt I will be calling upon it some more further down the line.

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time to read up now on ilke claims here

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Yes I have been and will continue to do so and thank you for your help so far. I anticipate I will get a reply from them to say I am wrong with my requests and that I should be careful and to get proper legal advice before I continue (that seems to be the normal process from other peoples posts).

 

What do I do from there? I know I have a little bit of time before I submit my defense but its what happens in-between then and now and once I've submitted my defense that I need to brush up on.

 

I am expecting this to happen two more times now for other cases. I am prepared to have my day in court if I have to but I hope I able to get it struck out before it reaches that stage.

 

Even someone from a Debt Management company has said they cannot enforce it if they don't have the proper paperwork but that point needs to be defended properly and that it was beginning to loose them business as people are getting more and more wise to the fact that the DCA's can be beaten, as long as the proper procedure is carried out.

 

I know I have said it before and I cant reiterate it enough but thank you for your help and I hope I can help others myself after I have got thru this.

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Hi DX - just to let you know, I had the usual reply yesterday from the solicitors to my CPR request today saying that I should seek legal advice and that the claimant will proceed with the case. I sent off the CCA request to the claimant and I await to hear from them. I will work on my defense later but in the meantime are there any pointers/threads you recommend. I have read quite a few but cant find any where someone has successfully defended a claim after being on a DMP.

 

Many thanks - Mike

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