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    • Which Court have you received the claim from ? Civil National Business Centre   Name of the Claimant ? JC INTERNATIONAL AQUISITION   How many defendant's  joint or self ? Self   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22 May 2024   Particulars of Claim   What is the claim for – the reason they have issued the claim? The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. Debt was assigned to the claimant with notice given to the def. Despite formal demand the def has failed to pay the debt and the claimant claims £300  and further claims interest pursuant to s69 of the CCA 1984.   What is the total value of the claim? £385   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Moved home and they were the current energy supplier    Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No   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 assigned to JC International   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably    Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Changed supplier   What was the date of your last payment? Never    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  
    • Their FAQs state - Cancellations and modifications If your booking has been cancelled, Booking.com refunds you immediately. The processing time may take 7 to 10 days and depends on your bank. If you have questions, contact your bank directly. I'm a regular Booking.com and AirBnB user.  The former have never cancelled.  The latter have and my money was refunded immediately (not that that helps you as we're not talking about AirBnB!) Best to check with your bank and see (a) if you did pay in advance and (b) if it has been refunded. Also, have you received a message from Booking.com officially stating the cancellation?
    • I'm not up to date with the Legal Aid rules but I'm not sure that many people qualify. HB
    • You question timescales a bit in thread - From my experience, defaulting everything and ignoring all non PAP letters, while making no payments: - 18 months to LOC - further 18 months to be at court Most are still silent 3 years in though!. If making token payments, court, if ever would be 4-5-6 years from now - Hope that helps. My debt is similar, I started it 2021 and wouldn't believe I'm already over half way through default period. You need to make the decisions but follow advice already given in this thread, and you will be fine. Best time to plant a tree was yesterday, second best time is today. Good luck BT  
    • ah ok honeybee, no harm intended - I'll do that, I wonder whether there's any benefit to be had by applying for legal Aid as opposed to NWNF, it's about 6 months since this incident took place, so time to get the ball rolling
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Cabot not giving credit reference company notice of payments - help.


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Hi

 

I have been making regular payments on a debt to Cabot for over 2 years now.

 

They call every 3 months or so to ask if I want to make a final payment. I intend to do so in the next 6 months.

 

The original debt was circa £7K and I have got this down to £3K.

 

My problem is that they have not told any of the Credit Reference Agencies of the payments and thus it still shows as a default. This obviously has a negative effect on my rating.

 

Any advice on what I can do to get this amended ??

 

Thanks

Hipple

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Rather than advise you to get the payments recorded, I'd ask Cabot why the heck they think they are entitled to your money.

 

Was £7k the amount that you (allegedly) originally defaulted on? Or has Cabot been naughty and added any interest or other penalties?

 

I wouldn't be in too much of a hurry to pay much more. If you could tell us a bit more, such as who the (alleged) original debt was with, and what type of debt, we'll be able to advise further.

 

But if all you are looking for advice as to how to make them record your payments, I'm afraid the news isn't promising. Cabot do what they want, although you could ask them nicely to see if they will. They do state on their website that they will, so perhaps mentioning that will prompt them to do so. I wouldn't hold my breath though.

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Even better, if Cabot haven't got any legal right to be collecting this money, go after them for a refund of what you've paid so far.

  • Haha 1

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Even better, if Cabot haven't got any legal right to be collecting this money, go after them for a refund of what you've paid so far.

Totally agree, a few of us are starting to turn the courts back at them and either stop chasing for payment or pay back what has been paid.

 

you must CCA them and if they fail to meet the 12 days + 1 month time limit you can stop paying until they produce the agreement.

 

When the don't produce it (which is 95% likely, you can then take them to court. full refund and damages for sharing your personal information.

If I have helped click my scales....

 

Find my threads by clicking here

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Hi

 

Thanks all for the comments.

 

The original debt was a M&S loan from 1998 (I moved abroad in 2000 and was away for 4 years). When I moved back in 2004, I started getting mail from Cabot and that is when my experience with them started.

 

I have not CCA'd them so do you think i should?

 

How does the "12 days + 1 month time limit you can stop paying until they produce the agreement" part work ?

 

Should I state in the letter that I send that I am stopping payment until I hear from them ? My concern is that this will harm my credit record further.

 

Thanks in advance

 

Hipple

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Hi

 

Thanks all for the comments.

 

The original debt was a M&S loan from 1998 (I moved abroad in 2000 and was away for 4 years). When I moved back in 2004, I started getting mail from Cabot and that is when my experience with them started.

 

I have not CCA'd them so do you think i should?

 

How does the "12 days + 1 month time limit you can stop paying until they produce the agreement" part work ?

 

Should I state in the letter that I send that I am stopping payment until I hear from them ? My concern is that this will harm my credit record further.

 

Thanks in advance

 

Hipple

 

They cannot harm your credit rating anymore than a default, this is as bad as a County Court Judgement.

 

The 12 dyas thing is part of the Consumer Credit Act. They must supply you with a copy of the agreement and any terms and conditions within 12 days. After this they are in default and can not chase you. After the 30 days of them being in default you can stop paying, you don't even have to tell them.

 

You must CCA them as it gives you control.

 

The downside is that Cabot will not happily remove the Credit Reference Agency stuff until a judge tells them to, you will have to take them to court after they have failed to provide the agreement..

If I have helped click my scales....

 

Find my threads by clicking here

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Definately get the CCA request off to them, ensuring you include "I do not acknowledge any debt".

 

Send it recorded delivery and start counting. Day zero is when they sign for it, after 12 working days you can then stop payments as they are in default. A month after that they commit an offence.

 

I'll wager that they don't produce anything enforcable, and certainly not within the 12 working days.

 

There's no need to write to them again until such time as they come up with the goods, but it might be worth sending them a letter after the 12wd reminding them that they cannot put anything adverse on your credit file while the default remains.

 

(edit: Debt Mountain obviously types quicker than me! :p )

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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The original debt was circa £7K and I have got this down to £3K.

 

My problem is that they have not told any of the Credit Reference Agencies of the payments and thus it still shows as a default. This obviously has a negative effect on my rating.

 

What balance outstandign does it show on your CRA file?

The default will remain for 6 years after it was entered.

Consumer Health Forums - where you can discuss any health or relationship matters.

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However, I am led to believe that, if you do stop paying them, they are entitled to record THAT as a default. Which will remain for a further 6 years.

 

I discovered this when I realised that Barclaycard recorded a default every time I missed payment, and my 6 years ran from the date of the last default.

 

So you do have to wigh up the advantages and disadvantages of any course of action you take. But if you are up for a fight, it can be worthwhile going for gold.

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Definately get the CCA request off to them, ensuring you include "I do not acknowledge any debt".

 

Remember the £1 fee or they will try to dodge having to reply. Well they will actually send the £1 back as they are above the law and beleive they are not the actual creditor so don't have to give you anything, but will try to "help2 anyway. Way take 8 weeks, 8 months , 8 years.....maybe never!!!

 

(edit: Debt Mountain obviously types quicker than me! :p )

DJD, have you checked my spelling/typing lately, Kan't spill ti sav miselv... maybe aye shud rered befoore sumbittin. DM:cool:

If I have helped click my scales....

 

Find my threads by clicking here

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Thanks again all.

 

OK - I will send a CCA letter off tomorrow and see what happens.

 

However, I am led to believe that, if you do stop paying them, they are entitled to record THAT as a default. Which will remain for a further 6 years.

 

I discovered this when I realised that Barclaycard recorded a default every time I missed payment, and my 6 years ran from the date of the last default.

 

So you do have to wigh up the advantages and disadvantages of any course of action you take. But if you are up for a fight, it can be worthwhile going for gold.

 

This is the part that worries me slightly. I'd love to get the default off the record as I agree it is as bad as a CCJ. I'd even settle if they were to just get the default off my records.

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Thanks again all.

 

OK - I will send a CCA letter off tomorrow and see what happens.

 

 

 

This is the part that worries me slightly. I'd love to get the default off the record as I agree it is as bad as a CCJ. I'd even settle if they were to just get the default off my records.

 

Wel lif you request the CCA and they don't have it you wil lthen be in a excelelnt position to make an offer conditional on the default removal.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Wel lif you request the CCA and they don't have it you wil lthen be in a excelelnt position to make an offer conditional on the default removal.

Depending on the offer it might be a very good way to clear your file.

 

I am sceptical if they would make such an offer, I have been made a settlement offer by them to settle my court case which is at an advanced stage and 2 things they were forcing were a non disclosure so I couldn't post anything about it up here and no way would the defaults be removed.

 

They may do so at an earlier stage if there are a few quid in it for them.

If I have helped click my scales....

 

Find my threads by clicking here

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