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Cabot/Shoos SPC claim - old Lloyds TSB loan ** WON granted decree of absolvitor + costs**

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Hi,

 

I have an old Bank loan from the early 2000s that I was making small payments towards until about a year or so ago when I ended up out of work.

 

I think it was with Lloyds but I forget now as I had a lot of debt at that time and paid off a lot of it but not all.

 

The balance is £3,7xx.

Having receieved a lot of letters from Cabot since I stopped paying (which I foolishly ignored) I have now received a letter from Shoosmiths saying that :-

 

"your agreement with our client is terminated and our client requires your proposals for payment, in the short term.

 

PLease treat this letter as notice that , unless an agreement is reached within 14 days of the date of this letter, we are instructed by our client to commence court proceedings against you ....."

 

They say their client is cabot financial and the original lender is Prime CRedit 1 s.a.r.l.

 

I am wondering whether it would be too late for me to go down the route of sending them a CCA or such like as although I was making payments for years

 

I'm not sure Cabot ever had authority to collect on the debt, but at the time I was too scared not to make an arrangement with them.

 

I'm not even sure if cabot even had authority to pursue my debt or whether they simply bought it from Lloyds when Lloyds contacted me to say they were writing it off, but I had wanted to make payments anyway.

 

I'm back in work now but struggling each month as I have 2 young kids now.

I could start paying again but it would be small amounts each month, whereas the letter suggests they want full payment.

 

I'd appreciate any advice.

I went through the whole CCA procedure with an old debt and they never responded and I heard no more about it,

but I wonder whether it's too late for that here since I was making payments for a few years.

 

Many thanks.

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yes ofcourse you can CCA them.

 

are you sure this IS a Lloyds debt?

 

typically Prime CRedit 1 s.a.r.l. deal with unenforceable welcome finance debts?

 

anyway sure as eggs is eggs

if they had it and now its in cabots hands its 99% a lemon debt.

 

matters not that you blindly paid it, just shows you were being cash cowed.

 

dx


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Thanks for replying dx100uk.

 

Do I need to send anything else to Shoos solicitors or just the CCA?

 

I seem to remember sending a SAR request to a collection agency a while back,

or is it different in this case because it's a solicitor I'm writing to?

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there is never a need to ever send an SAR to fleecers

they only ever goto the OC


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Hi fuzzel, I would send for a CCA, they probably wont supply one, I agree with dx, Post on here when you get a result.:-)

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threads several months old now blueda...


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I have now received a"Simple Procedure Notice of Claim" from my local sheriff court, with Cabot as the claimant.

 

I meant to send a CCA request before now and didn't get round to it, not expecting anymore to come of it anyway.

 

Am I too late to send a CCA request now that a claim has been served?

Or can I assume that they have the necessary info to succeed with a claim if they have served a notice of claim?

 

They are referring to me entering an agreement with them in 2009 (I may have agreed to make small payments at that time) but then go on to say that I then defaulted on that agreement in 2007 (which is 2 years before they say I entered the agreement and makes no sense at all).

 

If it's too late for a CCA, would it be costly for me to defend the case until such time as they supply evidence that the debt was assigned to them in a way that makes me liable?

 

I thought perhaps my defence is that I have never entered a credit agreement with the claimant or anyone else in 2009

 

. I may have entered one for the amount they are talking about several years before 2009 with a high street bank (lloyds I think, but now I'm not so sure and if it was them, they wrote off the debt as I was almost bankrupt at the time and unemployed).

 

I have entered nothing with cabot, other than possibly an informal agreement to make monthly payments for an old debt they were chasing for someone else, but I can't be sure.

 

I'm not even sure the amount they're referring to is the debt I am thinking of.

 

I'd appreciate any advice.

 

On further looking at the claim form the background section describes how Cabot bought the claim from Prime Credit l s a r l(who they refer to as the original owner) in a debt purchase agreement in 2014 and therefore acquired title to the debt etc.

 

They say it was intimated to me in 2014.

I don't remember that happening though it is possible that it did and I ignored it.

I don't recall entering a credit agreement with Prime CRedit lsarl at anytime, but i'm not sure how I can find out.

 

I have not signed a consumer credit agreement since the early 2000s and got myself into a lot of debt when I was younger, which is why I'm not sure what this relates to and whether Prime Credit lsarl would have had any right to assign anything to cabot, or whether PC lsarl are just another debt chaser on behalf of someone else.

 

Again I'd appreciate any advice you guys might have.

 

Many thanks.

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Thanks dx, here's my paste-in with answers.

 

…...

name the issuing court: Selkirk Sheriff Court (Scotland)

 

Who Is The Claimant: Cabot Financial (UK) Limited, 16-22 Grafton Road, Worthing, BN11 1QP

 

Who Are the Solicitors: SHoosmiths LLP, Saltire Court, 20 Castle Terrace, Edinburgh, EH11 2EN

 

What type of action? (Simple/Ordinary): Simple

 

What is the claim for –

 

The claimants are a finance company which inter alia operates the business of debt purchasing By virtue of a debt purchase agreement ("the agreement") between the claimants and Prime Credit 1 s a r l ("the original owner") dated 29/07/2014,

the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due or owing by the respondent to the original owner which were in existence as at the date of the Agreement, and in particular in relation to the contract hereinafter condescended upon

The said assignation was intimated to the respondent by way of written notice on or around 29/07/2014

The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974

Further information in relation to that agreement is contained in section D4, where we set out the sums due and the basis upon which they fell due.

 

Last Date Of Service:-25/07/2018

 

Last Date For Response:- 15/08/2018

 

What Documents are listed in Box E2:[or in your form requesting the same?]

- " A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon"

 

Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt - I'm not sure what debt the claim relates to, possibly LLoyds TSB professional studies loan but I can't be sure.

Shoosmiths letters have only ever mentioned Prime Credit 1 s.a.r.l as the "original lender" but I'm not aware of ever having a credit agreement with them.

 

BOX D5 what has the claimant stated: "I want the court to order the reposndent to pay me the sum of £3735.95"

from your knowledge: answer the following:

 

When did you enter into the original agreement before or after 2007? - I'm pretty sure the original credit agreement would have been before 2007.

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. - It is the assignee Cabot who has issued the claim but I'm not sure if Prime Credit 1 sarl were the original lender or whethe rthey also acquired the debt from someone else before assigning to Cabot.

I think that may have been the case as I don't rememebr having an agreement of any kind with Prime Credit.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? - I can vaguely rememebr receiving something from Cabot a few years ago saying they were pursuing a debt on behalf of someone but I can't be sure.

 

Did you receive a Default Notice from the original creditor? - I'm not sure who the original creditor was.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - I haven't received one of those in a long time, possibly not since 2007/2008.

 

When was you last payment:-I can't be sure, I was making token payments to a number od debts for a long time, but only to debt collection agencies who had bought the debt.

Some were credit cards, some were loans.

I got into a real mess and paid around £1300 a month towards debts for a long time, until I became unemployed, at which point I agreed small payments to some creditors.

 

Why did you cease payments:- Again it sounds silly but i'm not sure, because I don't know which debt this applies to and I was paying smaller amounts up until a few years ago to some creditors.

Whoeever Prime CRedit represents (in terms of hight street lender) or whoever they bought the debt from, I may have been paying either of them small sums until a few years ago.

 

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 management planicon? - I will have done at various stages from 1997 onwards,

with outcomes varying from restructuring to reduced payment plans,

or complete default followed by small payments to debt collection agencies,

or in some cases the creditor advising that they had written off the debt (which I'm sure LLoyds did in the end).

 

What I can be pretty of is that I have not entered any other credit agreements since 2007, aside from one credit card which I obtained last year from my bank and which has a zero balance on it.

Anything being referenced to thereafter can only be assignations or agreements I have made to pay smaller amounts to debt collectors.

 

I hope that helps guys, sorry some of the info is vague.

 

Thanks.

 

It seems odd that the agreement they refer to me having with the "Original Owner" is dated 23/01/2009 but haven't provided a copy of it with the claim.

 

I honestly can't think of entering a credit agreement in 2009 and if I did I have no idea who it would be with as I was unemployed at that point and had an appalling credit rating.

Edited by dx100uk
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prime credit are debt buyer in jersey so there is no way cabot will ever be able to supply this signed agreement they have claiming the OC was prime.

 

have you the old letters from 2009?

and did you ever send that CCA request..

 

nothing you need to do till just before response date.

 

dx


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Thanks dx.

 

No I don't have any of the old letters and i didn't send the CCA request. Is it too late to send that? I have one printed and in an envelope ready to go. I should have got my finger out and sent it but suspected they were bluffing. More fool me.

 

If its too late for CCA, would it be worth contacting the solicitor at Shoos and asking him to send me a copy of the agreement he'll be lodging?

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please don't do anything without checking here first

NO you do not contact the fleecers..

CCA will be sent yes but not till the nearer the response date.

 

get reading SPC claims for now

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=simple+procedure+SPC+cabot+shoo&sa=Search+CAG


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bar your post in 2017 what evidence have we this IS the LLoyds loan?

is this on your credit file?


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I don't have any evidence that it's Lloyds no,

i can't remember what made me think that in 2017,

 

whether it was a direct reference or me jumping to conclusions based on the amount as it would have to be one of my larger debts and lloyds was one that wrote it off and i never heard from

 

(i owed 20k and paid a lot of it off before they did that so the amount of 3700ish might make sense if it was them) .

 

I did have a welcome finance loan (which you said these chasers normally point towards)

but i paif that off in full (£2400 for a £1000 loan, proper stupidity i know).

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credit file?


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Sorry I meant to say

- I haven't obtained a credit report in years.

 

My score is 432/700 on clearscore but i'm not sure if that says anything at all.

 

It doesn't give a full report, just a "timeline" which shows zero debt going back to 2010.

 

I could send off for a full report if you think that would be wise?

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try Noddle


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Will do, thanks.

 

I signed up to Noddle and the only negative thing showing on there is a £15 defaulted debt to lowell from 2012 for a mobile phone bill. Everything else is showing uptodate or settled (current accounts and one credit card). None of my old loans and credit cards are shown on there.

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so defaulted more than 6 yrs ago

 

we need info...


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Yes no useful info in there. Should I get a report from equifax or experian, or just wait and send the CCA nearer the deadline for responding to the claim?

 

Thanks again for your help.

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let it run

 

Perfect, thanks

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do what ever you need too to get to the bottom of this bar ring the fleecers…

 

no harm in ringing LLoyds up ..poke em' see what they say

you must have some ref no's to try with them...


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