urgent help needed

[2hapennys]

Please help, i have recieved court papers from cabot, for a debt owed, this has increased by over £2000 since they have taken it over, I acknowledge the claim, but due to my mother being hospitalised, I have forgotten to sort out my defence. I have just checked over the paper work, and the 28 days from date of service is up tommorrow. I dont know what to do.

 

I have been trying to contact Cabot about setting up a standing order to pay them, but they are not returning my calls or emails, this was prior to the court claim being issued.

 

The bank closed my account down due to charges, and I have eventually got this reinstated, but had to set up new standing orders.

 

Any advise would be greatly appreciated.

 

Please ask if you need any more information, thanks

[Seahorse]

OK, at least you have acknowledged the claim, and indicated that you do intend to defend. Is this going to be at your local court? I assume you wil be able to attend?

 

If so, I would get down there sharpish in the morning and explain your circumstances, and the reasons for not being fully prepared yet. You will need to ask for more time, so you can be better prepared. This will include stating that you need to gather more evidence in defence. Have you CCA'd or SAR'd Cabot already? Or were you just trying to get them sorted out with a new arrangement to pay?

 

There are 2 ways you can play this. Either defend on the basis of you need more time to gather evidence to support your contention that you don't owe them anything. Or defend on the basis that you HAVE tried to contact them to reinstate a payment regime, and they have ignored you. Copies of emails sent will be needed to show the court.

 

As you'll have realised, all this should hve been entered in defence beforehand, but you have obviously been under a lot of stress because of your personal circumstances. That, and coupled with the fact that you are not a lawyer and are not aware of all the procedures that needed to be followed, will probably be your best bet. Just 'fess up and explain everything to the court. If you have been trying to pay, and Cabot have ignored you, I'd say that's the best bet.

 

Even if it all goes horribly wrong, all is not lost. There are still things that can be done. And if you do end up paying them again, don't leave it at that. I'd advise challenging Cabot on their right to this once this is all over.

[2hapennys]

Thank you Seahorse.

It is from Northampton Court, and I dont live anywhere near there.

Do I contact my local court?

I have not done either a CCA or SAR yet, like you said my mind as been elsewhere.

I was paying them on a regular basis until my account was closed, and everything failed ie. mortgage utilities etc. They just seemed determined not to reinstate my SO, for whatever reason.

[Seahorse]

Oh, heck. I think you need to ring your local court as soon as it opens and ask for advice. If you can't get to Northampton, you can't defend. I'm not at all sure what can be done in this case, but see what your local court says.

 

I don't think it looks good, but if Northampton find for the claimant, you need to start to think about getting whatever happens set aside. I would imagine Cabot's next move will be to go for a charging order.

 

Let us all know what happens tomorrow, and we can all help you plan your next strategy.

 

Might I suggest to any MIB visiting that by ignoring this person's emails and phone calls, you've just incurred the wrath of the Cabot Fan Club. Who will now advise that the whole debt should be challenged. You really shouldn't treat people like this, you greedy shower of parasites.

[NitrousOxide]

If think someone needs to PM tomterm.

Could you not ring Northampton maybe?

Can you get near a fax machine? You might be able to squeeze it by fax.

[gizmo111]

You have until 4.00 pm to enter your defence. In your defence you can ask for permission to amend it when you receive all the relevant docs. Have you asked for the CCA?

[joshuaf1968]

can you clarify 'date of service' is this the date at the bottom of the claim form?

[2hapennys]

Hello All

Thanks for your replies.

The Issue date of the summons is 7th August.

I acknowledged the Claim using moneyclaim on line on the 23rd.

[joshuaf1968]

I was told by a helpful clerk at local court that they add 4-5 days on the issue date to allow for processing and post but it appears you have used those dates up.

 

Knowing Cabot....I would fax not only the Court with the defence but them as well - attention of Litigation Dept.

 

You do need to do it by 4pm Monday even if it is just a holding defence and you give further particulars in a week or so...

[2hapennys]

Ok, I can do that now, but what do i put?

What is an holding defence?

[joshuaf1968]

Holding Defence is a short to the point almost bullet point version of your defence

 

try not to leave any issue out even if you just note it

 

I would specifically state that further information will be forthcoming in addition by .......say 7-14 days

 

this should be enough to get you to the 'a defence has been filed'... stage...

 

I would let Cabot have a copy and keep a copy of the successful fax send if you send by fax both to the court and Cabot

[gizmo111]

Hello All

Thanks for your replies.

The Issue date of the summons is 7th August.

I acknowledged the Claim using moneyclaim on line on the 23rd.

 

What was the date deemed served? You have 28 days from thsi date

[Seahorse]

Any more news, 2happenys?

[2hapennys]

Hi all

Sorry its been a while since i updated, but my mum is out of hospital now, and seems to be slowly on the mend.

Heres what happened.

I contacted the court, and they advised me to send defence off before 4pm on the Monday, I completed it on moneyclaim on line, stating the facts, and the extra charges they have accrued, and that i signed no agreement with cabot etc, the fact that all my correspondence had been ingnored, which the court also advised me to put.

I had a letter back from the court saying defence had been recieved, and that Cabot may wish to contact me further to discuss this, I had that back on Friday, and I havent heard anything since.

Would now be a good time to start requesting my sar and Cca? Or do I wait to see what happens?

Thank you all for your help and advise, you helped me so much, I was feeling very low and your kindness pulled me through.

[Seahorse]

The sooner you can get supporting documentation, the better.

 

I don't think we established what kind of debt it was? Was it a loan, credit card, or overdraft? That will determine whether a CCA is appropriate.

 

But you do have the right to data from the bank, so SAR them right way with £10. You will then be able to work out if there were any unlawful penalties or charges applied that had an impact on your defaulted final figure. It may well be that the amount that was stated when Cabot bought the debt is at least partly made up of money that you really don't owe.

 

If it was a loan or a credit card debt, you can send a CCA. However, as time is obviously of the essence, I'd maybe consider sending that to your bank as well. Cabot will tell you that it's nothing to do with them, and they rely on the original lender to provide this. But you could wait a long time for that. So in this case, I'd CCA both of them

 

What would be interesting from that is if the bank write to you and tell you they do not have to comply as they are no longer the creditor. But that is something for later, if it happens.

 

But in the meantime, gather as much evidence as possible. Remember that YOU are in control now.

[2hapennys]

Hello

It was a credit card with MBNA, the balance does include loads of charges, and cabot have added approx £2000 for goodness knows why!!!

Would you be so kind as to point me in the right direction of the templates for the CCA and SAR?

Thanks once again

[Curlyben]

Rather than playing about with CCA and SAR go straight for CPR letter instead.

Now as there is court action involved you need to get this information quickly.

 

Try this, edit as needed:

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes the Data Protection request made to on the 24th April. The information must be furnished by the 22nd May 2007, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

Yours Faithfully,

 

After all you need this information to be able to mount a defence.

[2hapennys]

WOW,

thank you for your quick reply, I will get that in the post this evening, would recorded delivery be best?

Thanks

[Seahorse]

ALWAYS send recorded.