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Moon phases
Cabot- is there a realistic chance to fight them?
+13
hughythomas
davidg4039
Mrblue2015
assassin
Keithatlm
Emilybm
Winnie
Stevro
handle
iwanttobefree
waylander62
daveiron
annap
17 posters
Page 2 of 7
Page 2 of 7 • 1, 2, 3, 4, 5, 6, 7
Re: Cabot- is there a realistic chance to fight them?
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
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
Emilybm- Not so newb
- Posts : 10
Join date : 2019-01-07
Re: Cabot- is there a realistic chance to fight them?
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.
Keithatlm- Not so newb
- Posts : 21
Join date : 2017-05-31
Re: Cabot- is there a realistic chance to fight them?
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.
Follow the rules of harassment which are that it requires two or more actions and hit them through the courts.
assassin- Admin
- Posts : 3547
Join date : 2017-01-28
Location : Wherever I Lay My Head
Re: Cabot- is there a realistic chance to fight them?
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?
Can someone advice ASAP please?
annap- Not so newb
- Posts : 66
Join date : 2018-08-12
Re: Cabot- is there a realistic chance to fight them?
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 ?
what documents have they already provided you with ?
waylander62- dedicated
- Posts : 1257
Join date : 2017-10-03
Re: Cabot- is there a realistic chance to fight them?
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?
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?
annap- Not so newb
- Posts : 66
Join date : 2018-08-12
annap- Not so newb
- Posts : 66
Join date : 2018-08-12
annap- Not so newb
- Posts : 66
Join date : 2018-08-12
Re: Cabot- is there a realistic chance to fight them?
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
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
waylander62- dedicated
- Posts : 1257
Join date : 2017-10-03
Re: Cabot- is there a realistic chance to fight them?
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.
annap- Not so newb
- Posts : 66
Join date : 2018-08-12
Re: Cabot- is there a realistic chance to fight them?
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.
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.
waylander62- dedicated
- Posts : 1257
Join date : 2017-10-03
Re: Cabot- is there a realistic chance to fight them?
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.
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.
annap- Not so newb
- Posts : 66
Join date : 2018-08-12
Re: Cabot- is there a realistic chance to fight them?
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.
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.
waylander62- dedicated
- Posts : 1257
Join date : 2017-10-03
Re: Cabot- is there a realistic chance to fight them?
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?
annap- Not so newb
- Posts : 66
Join date : 2018-08-12
Re: Cabot- is there a realistic chance to fight them?
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.
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.
waylander62- dedicated
- Posts : 1257
Join date : 2017-10-03
Re: Cabot- is there a realistic chance to fight them?
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!
Thank you and good luck annap!
Mrblue2015- Moderator
- Posts : 2468
Join date : 2017-06-11
Re: Cabot- is there a realistic chance to fight them?
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
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
annap- Not so newb
- Posts : 66
Join date : 2018-08-12
Re: Cabot- is there a realistic chance to fight them?
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 ?
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 ?
daveiron- Admin
- Posts : 4892
Join date : 2017-01-17
Re: Cabot- is there a realistic chance to fight them?
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... ;-)
Mrblue2015- Moderator
- Posts : 2468
Join date : 2017-06-11
Re: Cabot- is there a realistic chance to fight them?
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
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
annap- Not so newb
- Posts : 66
Join date : 2018-08-12
Re: Cabot- is there a realistic chance to fight them?
Nothing is lost until the judge says its lost ,even until court day as they may not turn up. Just hold your nerve.
daveiron- Admin
- Posts : 4892
Join date : 2017-01-17
Re: Cabot- is there a realistic chance to fight them?
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)
waylander62- dedicated
- Posts : 1257
Join date : 2017-10-03
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