Cabot/hudsons claimform - old barclaycard debt

[joghuj]

Hi all,

 

I've just received a Claim form stamped by Northampton County Court, claimant being Cabot Financial UK Ltd. This is probably a standard letter, 4 sheets double sided blue and white paper.

Particulars of claim;

The claimant is part of the Cabot Financial Group and has purchased the debt(s) scheduled below. Despite requests for payment the defendant has failed to pay the sum of £X in relation to the defendant... etc...

 

I've read through similar posts but I would really appreciate some advice on what my next step should be.

 

Thanks in advance.

[1970]

Hi, I have recently had the same. Have a look at my thread for some encouragement. You'll get lots of help on here.

 

http://www.consumeractiongroup.co.uk/forum/cabot/87356-1970-vc-cabot-yes.html

[joghuj]

Thanks. Your thread is an interesting read. What do you think my initial response should be? Dispute the claim or make a counterclaim?

 

I've sent a SAR to Barclays to get my bank statements before, is the SAR that I send to Cabot the same type? Should I do this now or is it not a good idea?

[joghuj]

Anyone help please? I'm just a bit concerned as to what my first response to the claim should be?

[tomterm8]

Your first action should be to phone the court & ask for the date you need to file your acknowledgement & defence. Post it here.

 

Your initial response should be to send them a Credit Agreement Request under the CCA 1974 (next day delivery). Template letters are on this forum.

 

Two-three days latter send them this letter http://www.consumeractiongroup.co.uk/forum/cabot/87356-1970-vc-cabot-yes-3.html#post859465 with dates / creditors changed; again by special delivery(next day delivery)

[joghuj]

OK thanks. I'll get it done, the credit agreement request should go directly to Cabot office I take it?

[joghuj]

Tomterm,

I rang the court, they told me that the acknowledgement should be with them by the 19th June and the defense by the 3rd July.

I'll be posting the credit agreement request to Cabot this morning.

[tomterm8]

Tomterm,

I rang the court, they told me that the acknowledgement should be with them by the 19th June and the defense by the 3rd July.

I'll be posting the credit agreement request to Cabot this morning.

 

Good.

[joghuj]

Tomterm,

 

You suggest the letter in the 1970 vs Cabot thread after a few days. This refers to 'This letter supersedes the Data Protection request made...'. I've not made this request yet, should I do so?

 

Thanks

[NitrousOxide]

Hi,

Those particulars of claim are extremely vague. No account number, when the account was opened and closed, how they came to the total etc etc.

They clearly state as well and I quote

The claimant is part of the Cabot Financial Group and has purchased the debt(s) scheduled below.

As well as the advice given I would demand proof of ownership. If it's not bought ouright they can't actually sue in their name.

I'm betting no CCA comes back either.

[tomterm8]

Tomterm,

 

You suggest the letter in the 1970 vs Cabot thread after a few days. This refers to 'This letter supersedes the Data Protection request made...'. I've not made this request yet, should I do so?

 

Thanks

 

No. Just remove that sentence. No point in a data protection request once the matter goes to court - the information won't be sent to you in time anyway.

[Rhia]

Eevn though the SAR under DPA may not be with you in time for the hearing I would still request it. The hearing may just be directions in which case you may get a further date.

[joghuj]

OK thanks for the advice. I'm going to send the letter quoted in post #5. Is theis letter OK to send as is with the sentance 'This letter supersedes the Data Protection request made to on the 3rd May 2007. The information must be furnished by the 1st June 2007, which gives you ten days to provide what has been requested.' deleted? As far as I can see, this letter is in effect a SAR as well?

[joghuj]

I've received 2 letters from Hodsons solicitors this morning, for 2 seperate debts on behalf of Cabot. These were both dated 29th May but only arrived this morning, text as follows;

 

Re: Cabot teference Number: XXXXXX

 

We have been instructed by Cabot Financial (Europe) Limited who are administering your above-referenced account on Behalf of Cabot Financial (UK) Ltd.

 

The outstanding balance on your account is £XXXXX. As your account is in default, the full amount outstandind is payable immediately.

 

Our client is been unable to obtain a satisfactory resolution of this matter with you.

 

We are therefore instructed to formally demand payment of the above sum. If you fail to agree payment terms with our client within 7 days from the date of this letter our client may issue County Court proceedings against you for recovery of all sums due without further notice.

 

If legal action is taken, further costs and interest will be incurred and may be your responsibility. We strongly urge that you put forward your proposals to discharge this debt without delay and / or seek independant legal advice in relation to is matter.

 

You may contact our client direct on 0845 0700 769 quoting you Cabot Reference number set out at the top of this letter. All .Cheques should be made payable to Cabot Financial (Europe) Limited with the Cabot reference enclosed

on the back of the cheque.

 

 

 

It appears that they have got things the wrong way round. I received the Court order 1 week before they sent me a letter threatening court action. Anyway, do I need to respond directly to Hodsons about this one?

[tomterm8]

OK thanks for the advice. I'm going to send the letter quoted in post #5. Is theis letter OK to send as is with the sentance 'This letter supersedes the Data Protection request made to on the 3rd May 2007. The information must be furnished by the 1st June 2007, which gives you ten days to provide what has been requested.' deleted? As far as I can see, this letter is in effect a S.A.R - (Subject Access Request) as well?

 

You need to remove This letter supersedes the Data Protection request made to on the 3rd May 2007

You need to keep The information must be furnished by the 1st June 2007, which gives you ten days to provide what has been requested but change the date so it is 10 days after you post the letter by special delivery.

 

This letter is not a S.A.R. under the Data protection Act 1998 as it is using a different area of law to extract the information. A S.A.R. entitles you to any information they hold on you; this letter entitles you to information you ask for, which they could reasonably obtain.

[joghuj]

OK, I've not heard anything from Cabot and I need to send my acknowledgement of service off to the court for them to receive by next Tuesday.

 

Which of the 3 options should I be ticking?

1 Defend all of this claim.

2 Defend part of this claim.

3 Intend to contest jurisdiction.

 

 

Cheers

[Donel261]

The banks usually tick "defend all of this claim"

[tomterm8]

OK, I've not heard anything from Cabot and I need to send my acknowledgement of service off to the court for them to receive by next Tuesday.

 

Which of the 3 options should I be ticking?

1 Defend all of this claim.

2 Defend part of this claim.

3 Intend to contest jurisdiction.

 

 

Cheers

 

I would suggest 1.

 

I would also suggest using moneyclaimonline, as it is much easier.

[joghuj]

OK I'll post the acknowledgment online. Just out of interest, is the date that I have to enter my defence linked to the date of acknowledgment or is it a fixed date? i.e. if I put my acknowledgment in before the due date, will the defence due date alter?

[tomterm8]

OK I'll post the acknowledgment online. Just out of interest, is the date that I have to enter my defence linked to the date of acknowledgment or is it a fixed date? i.e. if I put my acknowledgment in before the due date, will the defence due date alter?

 

I think it's fixed. You can ask the court... phone numbers top right hand corner of the claim form. But it would be stupid if not.

[mrrj]

you may want to send a letter to the courts telling them you have requested a doa , ca and statements from cabot. I did this and the judge ordered cabot to supply them , this gives you a good case if they fail.

[joghuj]

Hi all, thanks for your ongoing advice.

 

I've filed an aknowledgement of service - defending all of the claim.

I also received a reply from Cabot from my earlier request;

 

"We have today contacted RBOS to investigate your query, and hope to resolve this matter swiftly.

Although we anticipate a reply within the next 21 days, it can take up to 8 to 10 weeks if the information we require has been archived, and we therefore request your understanding in this matter."

 

Should I be writing to the court yet or not? What exactly do I need to be preparing for and when should my defence be entered?

 

Thanks again.

[1970]

Thats the same reply I got. It seems the best way forward is to follow the advice on my thread. It seems to have come to a standstill in my case. Not a word from Cabot.

 

1970

[joghuj]

OK, I've read through your thread. Should I be now sending the same defense that you entered here http://www.consumeractiongroup.co.uk/forum/cabot/87356-1970-vc-cabot-yes-3.html#post883263

My defense should be at the court by the 3rd July, should I send it now or wait until nearer that date? Any specific advice would be appreciated.

[tomterm8]

Hi,

 

Did you send both letters by special delivery / registered mail? Have the soliciters hired by Cabot recieved them?

 

EDIT: Also, was this claim in the name of Cabot or the Original Creditor (OC)?