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Moon phases


Cabot- is there a realistic chance to fight them?

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Re: Cabot- is there a realistic chance to fight them?

Post by handle on Thu Oct 11, 2018 9:36 pm

Trust me. Even the bailiffs seem to know things. A bailiff even boasted he knew whose car I was driving. They all share data.

So..,. Give them
Musinfo

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Re: Cabot- is there a realistic chance to fight them?

Post by handle on Thu Oct 11, 2018 11:34 pm

Interesting posts.......had a small alarm bell ringing in the distance........

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Re: Cabot- is there a realistic chance to fight them?

Post by Emilybm on Mon Jan 07, 2019 8:46 pm

Hi annap,

I am in the process of beginning with the 3 letters and I came across your post. I feel similar to how you seem to of felt at the beginning and I wondered, as time has passed, how this process has worked for you so far please?

Have the 3 letters been successful for you?

Thank you

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Re: Cabot- is there a realistic chance to fight them?

Post by Keithatlm on Mon Jan 07, 2019 10:36 pm

Yes it works after 3 letters and estoppel been a while but they keep trying, then it's classed as harassment iv'e lost the fear only unsecured debt. Thanks all for the help.

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Re: Cabot- is there a realistic chance to fight them?

Post by assassin on Tue Jan 08, 2019 2:09 am

Maintain your "private record of the Parties" as this is valuable evidence, this will prove harassment as they cannot prove claim and are trying to collect on an unsubstantiated claim which is fraud.

Follow the rules of harassment which are that it requires two or more actions and hit them through the courts.
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Re: Cabot- is there a realistic chance to fight them?

Post by annap on Wed Jan 23, 2019 7:15 pm

Ok guys so an update. Today I have received a letter from Mortimers Solicitors:-( it sais that I have 30 days to reply using the form included. If not they will issue the court proceedings. So what should I do now? Cabot has just simply ignored my 3 letters.
Can someone advice ASAP please?

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Re: Cabot- is there a realistic chance to fight them?

Post by waylander62 on Wed Jan 23, 2019 7:52 pm

You have now received an official letter before action which needs a response within the 30 day time limit or else they WILL issue a claim

what documents have they already provided you with ?

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Re: Cabot- is there a realistic chance to fight them?

Post by annap on Wed Jan 23, 2019 8:06 pm

Hi,
Thanks for response. They have sent:
1. sort of statement which contains only Cabot reference, Original account no., Original creditor name, Current creditor which is Cabot, opening balance and closing balance
2. Letter of claim details
3. reply form

I am trying to scan all of them now, so I can post it if this would help?

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Re: Cabot- is there a realistic chance to fight them?

Post by annap on Wed Jan 23, 2019 8:19 pm





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Re: Cabot- is there a realistic chance to fight them?

Post by annap on Wed Jan 23, 2019 8:21 pm



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Re: Cabot- is there a realistic chance to fight them?

Post by waylander62 on Wed Jan 23, 2019 8:54 pm

ok, standard pre action conduct procedure.

now a few questions:
i) was this a credit card ?
ii) have they sent you a copy of agreement with terms and conditions
iii) copy of the default notice
iv) a copy of the termination notice
v) statements to show how the sums claimed have become due
vi) a notice of assignment
vii) Deed of assignment

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Re: Cabot- is there a realistic chance to fight them?

Post by annap on Wed Jan 23, 2019 9:10 pm

Cabot did not provide me with any documents requested in 3 letters. Yes it was a credit card. Original creditor did sent me a letter with information about closing my account in 2017. I have never received anything from Cabot except a payment demands. After a 3 letters they have just keep sending letters that they didn't hear from me, like the 3 letters process has never happened actually. They have sent also a letter a few days ago that they referring this account to Mortimer.

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Re: Cabot- is there a realistic chance to fight them?

Post by waylander62 on Wed Jan 23, 2019 9:27 pm

ok

well you need to fill in the form where necessary, basically disputing and requesting documentation that you are entitled to in a separate letter.
ie what i have listed above

send an official CCA request too with a payment of £1 in the form of a postal order and mark clearly that the £1 is for the statutory fee ONLY and not to be used for any other purpose this is for a copy of the original agreement.

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Re: Cabot- is there a realistic chance to fight them?

Post by annap on Wed Jan 23, 2019 10:22 pm

Thanks for your help. So I dispute the debt and send a letter requesting all above documents. And CCA request. Can they still issue court proceeding when I start a dispute?
Do I mention in the letter that I have requested these documents from Cabot already on numerous occasions or it doesn't matter now?
Sorry I have never done it before I feel like a blind man at this moment. I need to put my head around it.

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Re: Cabot- is there a realistic chance to fight them?

Post by waylander62 on Wed Jan 23, 2019 11:06 pm

no they should not issue proceedings until they have provided the documents requested, which is why we respond in the correct manner to a letter before claim.

no need to mention previous requests although you can if you wish.

not easy at all, use it as a learning curve.

personally i would also send a full SAR request to the original creditor, not everybody agrees with this but the choice is yours.

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Re: Cabot- is there a realistic chance to fight them?

Post by annap on Wed Jan 23, 2019 11:14 pm

What if they will be able to provide CCA? Will I still have a chance for settlement with them or they can go straight to court without further notice?

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Re: Cabot- is there a realistic chance to fight them?

Post by waylander62 on Wed Jan 23, 2019 11:48 pm

if they provide the documents and they are 100% accurate then you can discuss some form of settlement

even if they do take it to court you can still come to a settlement if you so wish.

but at this stage challenge them to prove the debt exists and is enforceable, and check for PPI too.

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Re: Cabot- is there a realistic chance to fight them?

Post by Mrblue2017 on Thu Jan 24, 2019 6:08 am

Sorry to both of you for jumping in, but I hope it also helps annap as well as anyone else reading this thread; may I ask Waylander62 what purpose (in the context of this situation) a data subject access request would/could serve here? That’s not to doubt whether a SAR is needed, it’s just to see how it could help? :-)

Thank you and good luck annap!

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Re: Cabot- is there a realistic chance to fight them?

Post by annap on Thu Jan 24, 2019 9:02 am

MRblue2017 as for me it is fine. I appretiate any helpful input at this moment. Have to learn as much as possible. Waylander62 thanks again. I will prepare CCA during a weekend. I will post it here if you don't mind so you can let me know if its fine or I should change or add anything.
oh, actually should I state in the letter that I don't acknowledge this debt or just say that I request above documents before further communication with them? Thank you

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Re: Cabot- is there a realistic chance to fight them?

Post by daveiron on Thu Jan 24, 2019 9:29 am

Hi annap, I dont want to jump in either. Waylander is the guy when it reaches this stage.
I do agree doing an SAR to the original creditor is good advice .I discovered through mine that the OC
could only provide the original agreement as a copy in 2 halves instead of one complete page. What you
should receive from OC should be accurate .DCAs cannot be trusted.

I presume you have done everything via recorded mail ?
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Re: Cabot- is there a realistic chance to fight them?

Post by Mrblue2017 on Thu Jan 24, 2019 10:02 am

Thanks DaveIron, I now see the significance of a SAR in this context ie that we can subsequently compare the OC’s CCA component (and even then ONLY when the OC’s CCA is 100% correct) with whatever the debt purchaser produces... ;-)

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Re: Cabot- is there a realistic chance to fight them?

Post by annap on Thu Jan 24, 2019 10:18 am

Hi daveiron, yes all post post via recorded mail.
Ok guys so I will send SAR also. Yes I can see that Waylander hepled many before so I am hoping not everything is lost. Thank you

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Re: Cabot- is there a realistic chance to fight them?

Post by daveiron on Thu Jan 24, 2019 1:21 pm

Nothing is lost until the judge says its lost ,even until court day as they may not turn up. Just hold your nerve.
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Re: Cabot- is there a realistic chance to fight them?

Post by waylander62 on Thu Jan 24, 2019 1:50 pm

@annap wrote:MRblue2017 as for me it is fine. I appretiate any helpful input at this moment. Have to learn as much as possible. Waylander62 thanks again. I will prepare CCA during a weekend. I will post it here if you don't mind so you can let me know if its fine or I should change or add anything.
oh, actually should I state in the letter that I don't acknowledge this debt or just say that I request above documents before further communication with them? Thank you

just simply request documents that you are entitled to see, no need to go into any further detail, once they have provided evidence then it can be re assessed and you can then respond to any further letters you receive ( and they will continue)

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Re: Cabot- is there a realistic chance to fight them?

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