Cabot/Shoos SPC Claimform - NewDay Aqua Credit Card Debt - Advice Please

[jocky_gla]

Looking for some advice on this, This is an old CC with Aqua from 2017 and i am looking for some advice on this.

 

name the issuing court:Glasgow Sheriff Court

 

Who Is The Claimant:Cabot Financial UK LTD

 

Original Creditor: Aqua Credit Card (NewDay Ltd)

 

Who Are the Solicitors:Shoosmiths LLP

 

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

 

What is the claim for –£1176.57

 

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 Newday Ltd ("the original owner") dated 13/06.2019, 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 the way of a written notice on or around 13/06/2019.

The agreement between the respondent and the original owner upon which this action is based was regulated under the Consuer 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 which the fell due.

 

date of raised claim [or court stamp date from writ] :-10/02/2020

 

Last Date Of Service [or from form 07]:-12/03/2020

 

Last Date For Response [or from form 07]:-02/04/2020

 

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 (From Document)

 

Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- CC

 

 

BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ]

…..U Want the court to order the respondent to pay me the sum of 

 

from your knowledge: answer the following:

 

When did you enter into the original agreement before or after 2007? After 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.:-Debt Purchaser - Cabot Financial UK LTD

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

 

Did you receive a Default Notice from the original creditor?Unsure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure/have none as of my records

 

When was you last payment:-Unsure

 

Why did you cease payments:-Unable to afford at the time

 

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 plan?No

 

Naturally since then till now I am in a different situation, do i contact them and arrange to pay this in installments or do i fight this? if so how do i and how would that affect me? I run my own LTD company now and in a contracting role and wouldn't want this to effect this.

 

I am sorry if i have missed anything out, 

[dx100uk]

when did you take this out? 2017?

 

you don't have to do ANYTHING till nearer 2nd april

 

so for now sit on your hands until we get your ducks inline please

[jocky_gla]

Yes, early doors 2017.

Thanks for the reply

[dx100uk]

urm bit swift for them to sell this on to a DCA/debt buyer.

 

tell us a bit about your history with the card.

like last payment etc etc.

 

 

[jocky_gla]

Looking through my Account, the last payment was on 09/08/2020, I made payments up until then. I have an email from Cabot on 12/12/2019 advising 14 days before action but seems to already be in my deleted items

[dx100uk]

and you've not moved since taking this card out?

[jocky_gla]

Nope, never been at another address or registered for any finance anywhere else but this house.

[dx100uk]

so cabot bought this debt back in june last year

what letter to your address did the send?

 

and did you get anything from shoos giving you xx days to cough up

or have you simply ignored everything.

 

theres a +£1k debt here 

did you run all this up on the card?

its rare for an aqua card to give you such a high balance

and I would assume as it was this card, that you were and are in financial crap with a bad credit file that's was at the time and still is full of defaults and you owe lots of other small consumer debts.

 

just trying to get your overall financial picture from the time you opened this card account

 

 

[jocky_gla]

Yeah I would say at the time when I took this out, it was a rather bad time. The limit was £1k, anything above that is charges/interest. Started at 300 and was changed to 1k from what I remember. 

 

I haven't seen/unable to put my hands of any of their letters, I file everything due How I work now and haven't seen anything on my doorstep from them..

 

I have heard nothing from shoos at any point until this signed for letter today. Yes my credit history is/was poor. 

Edited February 13, 2020 by jocky_gla
Change

[dx100uk]

i'm not at this pint to be honest seeing a way out of this

so it might well be that you use the time to pay order within the claim pack...

 

HOWEVER , no rush yet.

 

let's see what gives if we rattle a few cages first 

 

send cabot a CCA request

send newday an sar.

 

in the meantime look around for those letters!! or email p'haps?? but thatsnot theway they should be contacting you

but we'll deal with killing that method later.

 

info gathering time for now.

 

remember, don't do ANYTHING without checking here FIRST.

and most certainly do not talk about ANY of your debts over the phone

writing only piut the phonedown.

 

dx

[jocky_gla]

Thanks for the info, I'll start the process of both this evening. 

 

I was considering just contacting them and making an offer to get it out the way, but we have some time before that's required? 

 

Any information I will update here. 

[dx100uk]

as I said you most certainly never contact the fleecers nor their dogs.

nothing 'legalwise' to address the debt needs to be done much before 2nd april

time enough to get to the bottom of this with the 30days for SAR

and the 12+2 working days for the CCA request.

 

you never know what scratching the surface might reveal to your advantage.

 

even if it were to result in you paying the debt in instalment, that will be done THRU THE COURT SYATEM, using the Time to pay form you have in that pack.

 

no matter what the debt is court being involved or not

you NEVER agree to pay a DCA a dime on any debt till they jump thru some hoops first

 

just remember the golden rules:

 

a DCAis NOT A BAILIFF

and have 

ZERO legal powers on ANY debt.

 

dx

 

[jocky_gla]

Thanks for the advice, Both letters now ready to go, will get them down the post office and await a reply.