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Moon phases


Cabot Credit Management Group help needed please

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Re: Cabot Credit Management Group help needed please

Post by waylander62 on Sat Aug 04, 2018 10:05 pm

personally i would not include " or a reconstituted copy"

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Re: Cabot Credit Management Group help needed please

Post by waylander62 on Sun Aug 05, 2018 3:02 pm

can you point me in the direction of this 'legislation'

as far as i can see you request a copy of the agreement, IF and only if, one is not available then they MAY have the right to submit a reconstituted copy,

anything else would be a joke to be honest.

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Re: Cabot Credit Management Group help needed please

Post by waylander62 on Sun Aug 05, 2018 5:42 pm

i disagree, carey has been used by DCA's and their solicitors to try and get around providing the agreement

but if you actually read the judges words, that is not what was actually said,

The FCA are nothing more than a joke anyway.

i WOULD NOT include that in any CCA request, but it is just my opinion.

I dont want to get into a discussion on legislation largely because these people are always snooping around sites like this.

at the end of the day it is up to the 'debtor' how they word their CCA request.

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Re: Cabot Credit Management Group help needed please

Post by waylander62 on Sun Aug 05, 2018 6:52 pm

the question has to be why they have not got a copy of the original ?

in carey the judge said something about a fire possibly destroying the storage facility ( you couldnt make it up if you think about this crap ) so ask them! has their storage facility ever been destroyed by fire flood or any other act of god ? if no ( and it always will ) then ask why your data has gone missing and ask its whereabouts !?

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Re: Cabot Credit Management Group help needed please

Post by waylander62 on Sun Aug 05, 2018 7:19 pm

they wont go looking for the original agreement as they dont have it

they may have a copy of it in storage somewhere, the original will have been sold on within weeks of it being signed ( or securitized as it is better known )


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Re: Cabot Credit Management Group help needed please

Post by daveiron on Sun Aug 05, 2018 9:20 pm

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Re: Cabot Credit Management Group help needed please

Post by waylander62 on Sun Aug 05, 2018 10:14 pm

S or Z the principal is the same,

my question now is... If it has been securitised ( sold on ) then how are they permitted to 'sell' again ?

who owns the agreement ? once securitised ?

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Re: Cabot Credit Management Group help needed please

Post by oldernotwiser on Fri Aug 10, 2018 3:21 pm

Hi daveiron
just had county court paperwork through for this and would appreciate how to proceed with filling in and what to say etc if possible please

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Re: Cabot Credit Management Group help needed please

Post by daveiron on Fri Aug 10, 2018 5:57 pm

Did the court paperwork include the Pre-Action Protocol for debt claims ?
if not download from the link below .Its the pdf 4th one on the list.

Unless waylander or another points you in the right direction ,I'll get back to you tomorrow .


https://www.justice.gov.uk/courts/procedure-rules/civil/protocol
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Re: Cabot Credit Management Group help needed please

Post by waylander62 on Fri Aug 10, 2018 8:54 pm

If you have actually received a claim form from NCCB, then you have to make a choice now as to whether you are going to try and defend the claim or not.

you have 5 days of service and then a further 14 days to acknowledge service to avoid default judgment against you.

if you decide to defend the claim then you have a further 14 days to submit your defence.

this has now gone past pre action and is an active claim which you MUST resdpond to

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Re: Cabot Credit Management Group help needed please

Post by daveiron on Sat Aug 11, 2018 5:46 pm

Hi onw,

I just want to point out that any advice I offer is only based upon what I would do in the same situation.
The only court experience I have is as a claimant & not as a defendant ( managed to stop action before
court).
It would be good if waylander & others could add / alter what I have posted below ,in order that we can
put together a template response for those that follow.
I am presuming you are defending the claim.
------------------------------------------------------------------------------------------------------

This is a formal request for the supply of documentation in relation to your Court claim no xxxxxxxxxx
dated xx xx xxxx and received by me on xx xx xxxx. I require all of the documentation requested to be
supplied within twelve (12) days.

1. A 'True copy' without redactions of the original agreement between myself and ( original creditor).
I will require the original to be brought to the court for examination at the hearing.
In the event you are unable to produce the original ,I require you to explain why it is unavailable ,
its location or even if it is in existence.

2. A 'true copy' of the default Notice without redactions. Also a statement showing the date the
account went into default.

3. A 'true copy' of the Deed of assignment ,as per (Van Lynn developments v Pelias Construction Co.
ltd 1998.[3] All ER 824) and also Webster v Ridgeway (2009) " Where a debtor is entitled to see a
redacted version." I will accept a version where only information concerning others is redacted.

Following much research into standard banking practices I also require all of the following information
to be supplied in the form of an affidavit from an individual who has first hand knowledge.

4. A statement affirming that my signature on the original agreement did not create the credit or a
Negotiable Instrument or make me the creditor.Also that the original agreement or the rights and
title thereof have never at any time been sold or traded in any way.

5. A statement affirming that no insurance claim has at any time been made in respect of the account
or agreement and that no such claim will be made in the future.

----------------------------------------------------------------------------------------

This would be my request for info,input from others would be helpful
The info supplied from the court should explain how to dispute the claim, just make sure you keep
within time.
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Re: Cabot Credit Management Group help needed please

Post by waylander62 on Sat Aug 11, 2018 7:54 pm

you raise some good points daveiron in your letter but....

a letter will mean nothing to the claimant, they wont even respond, a defence is now what is needed,

if you like, a letter to the court pointing out what they have provided is unacceptable and why ie the default notice is not compliant with section 87 of the CCA because...... does not contain the name of the alleged debtor, does not give the amount required to rectify the alleged amount owing.

the agreement is not enforceable because......

and request the documents as per your letter above after your paragraph in each point raised.

you also require a copy of the deed of assignment to prove they have right title and interest then quote the van lynn case.

what is now needed is a DEFENCE,

hope this helps

i would also send a SAR to the original creditor asap, to see what comes back. did you have any PPI or insurance with this loan ?

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Re: Cabot Credit Management Group help needed please

Post by daveiron on Sat Aug 11, 2018 9:15 pm

Hi waylander,

thanks for that ,I thought a request for documentation would be required ,i realise its been repeatedly asked for in the 3 letters. Although in this case they really do not appear to have any foundation docs .
In the meantime I will put together some form of defense for discussion.
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Re: Cabot Credit Management Group help needed please

Post by waylander62 on Sat Aug 11, 2018 9:27 pm

@daveiron wrote:Hi waylander,

thanks for that ,I thought a request for documentation would be required ,i realise its been repeatedly asked for in the 3 letters. Although in this case they really do not appear to have any foundation docs .
In the meantime I will put together some form of defense for discussion.

ok that will be fine, as you say letters have been written requesting documents already, they have provided what they believe to be enough to prove their claim, it is up to the defendant now to disprove what they are claiming in a defence.

however we need constant and urgent input from the original poster on this, starting with their particulars of claim (POC)

the POC basically is what the claimant are telling the court eg HEY MR JUDGE this person owes us x , due to not paying a loan agreement we were assigned  which defaulted on x date , we were assigned this on y date blah blah, this you WILL need in order to respond to what they are telling the judge.

do you see how it works ? I have been involved in many of these, court cases i mean, have had 7 of my own family, all went to court won them all never got to a final hearing. Its all in the defence and counter arguments put forward if their docs are not up to scratch.

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Re: Cabot Credit Management Group help needed please

Post by waylander62 on Sat Aug 11, 2018 9:29 pm

on another point, the redacted default notice, the defendant could file a notice to prove , asking the claimant to provide proof that it actually relates to them

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Cabot Credit Management Group court

Post by oldernotwiser on Sun Aug 12, 2018 10:24 pm

hi guys this is front page of the court papers I have received

I sent these people my third letter in March 2017 giving 40 days to supply all info requested and never heard anything until February 2018. They are annoying
Attachments
mortimef clarke sains court.jpg You don't have permission to download attachments.(275 Kb) Downloaded 8 times

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Re: Cabot Credit Management Group help needed please

Post by waylander62 on Sun Aug 12, 2018 11:15 pm

nice one ONW, they really are very poor pleadings for a claim,
there is no date of assignment, there is no mention of having defaulted, and a default notice being served. but they do mention that the agreement was terminated. so a copy of the termination notice is required.

my question to you now is... what do you wish to do ?
defend, or try and come to an agreement with the claimant.

you have crossed out the date on the claim form, crucial info. for timelines.

urgent action is now required.

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Re: Cabot Credit Management Group help needed please

Post by oldernotwiser on Sun Aug 12, 2018 11:46 pm

Hi waylander62

I cant afford to pay so am looking to defend it was dated 05/08/2018

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Re: Cabot Credit Management Group help needed please

Post by waylander62 on Mon Aug 13, 2018 9:07 pm

@oldernotwiser wrote:Hi waylander62

I cant afford to pay so am looking to defend it was dated 05/08/2018

ok, but if you lose then you will still have to pay Crying or Very sad

so if it was dated 5/8/18 you have 5 days of service which makes it the 10/8/18 then a further 14 days to acknowledge service so the deadline to ack. service is 24/8/18 very important this

acknowledge service by 24th, and then you have a further 14 days to submit your defence.

so start building your defence now, and i would definately send a SAR to sainsburys straight away.

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Re: Cabot Credit Management Group help needed please

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