Cabot - advice needed / SCD

by Bonbon460 Tue Oct 29, 2019 9:08 pm

Hi all - I have been a follower on the site for a while and looking for some help. I have an alleged debt sold on in its entirety to Cabot (£5k credit card) They are now threatening taking action to obtain a Sheriff Court Decree (SCD) as I have not engaged or paid towards this for over a year. The original debt was defaulted around summer 2017. I did not get an opportunity to send the three letters requesting proof of debt to the original creditor (did not know about this site then!) and I am now thinking there is no point in doing that given it has been sold on to Cabot. Should I ask Cabot to prove it using the letters? At a bit of a loss here and grateful for some helpful pointers as concerned about the action being threatened.

Thanks

by waylander62 Tue Oct 29, 2019 9:54 pm

i am assuming you are in scotland ? and cabot are threatening you with court action ?

if yes then you need to engage with them and request proof of their claim

as a matter of interest which part of the cabot group are claiming to have bought the debt ?

by Bonbon460 Tue Oct 29, 2019 10:15 pm

Thanks for the quick response.

Yes I am in Scotland and their latest letter states:
“You’ve been selected for legal action to commence by our solicitors. This is because you are not making payments to your account.
It’s important you understand what the consequences are of not taking action now. If you continue to ignore this your account will be passed to our solicitors. Our solicitors will then look to obtain a Sheriff Court Decree (SCD).“

Do I go about requesting proof of the debt by sending the three letters to Cabot, rather the original creditor. Do I need to engage or initiate any discussion with the original creditor?

They do not state which part of Cabot. The letter states Cabot Financial. I have pasted below the detail on the footer of their letter, if this helps?

Cabot Financial (Europe) Limited is an Appointed Representative of Cabot Credit Management Group Limited Which is authorised and regulated by the Financial Conduct Authority with a firm reference number 667910 Cabot Financial (Europe) Limited is registered in England with Company No: 03439445
Registered Office: 1 Kings Hill Avenue, Kings Hill West Malling, Kent, ME19 4UA

by waylander62 Tue Oct 29, 2019 10:24 pm

if, as it sounds like cabot have bought the debt then you should have received a letter titled notice of assignment, this will tell you who has actually bought the debt.

you can use the 3 letters if you wish but cabot will likely ignore them but at least you will have requested proof

no need to engage with the original creditor as they have sold the debt on however you can send them a subject access request for all of the information they hold in respect of the account this i would recommend.

my opinion is that you do not ignore them ask them for proof of what they are claiming

by **daveiron** Wed Oct 30, 2019 7:17 am

https://goodf.forumotion.com/t1131-new-3-letters-for-debt-purchasers

by kicker Wed Oct 30, 2019 12:53 pm

hi ,thanks for the fantastic work you are doing .
But, if the 3 letters are beginning to be ignored by the big DP`s with some court judges going along with Creditors not having copies of contracts ,just presuming they have them and solicitors will not countenance the letters as evidential but argue on technicalities regarding prescribed conditions for loans as stated under the CCA , should we expect creditors like C.to respond much? Is there value mainly in the credibility they give us in the eyes of the judges?

by **daveiron** Wed Oct 30, 2019 1:47 pm

Remember the burden of proof is always with the claimant. Its important to structure your defense
to reflect that, hence the need to get yourself clued up on things and not just rush into things.

by **Mrblue2015** Wed Oct 30, 2019 3:27 pm

DI is right.

On another note; as this is now Statute Barred, does it matter? As in yes, you continue to ensure Cabot are asked to evidence claim to an alleged debt but IF they pursue court action, they’re wasting their time because (and they will know that...) they can no longer pursue any court action.

Perhaps evidence that any alleged debt is now statute barred can instead be issued to Cabot?

Apologies if I’m incorrect.

by flyingfish Wed Oct 30, 2019 7:09 pm

Mrblue wrote:... On another note; as this is now Statute Barred, does it matter?

Is it? The original post said the the account was defaulted in 2017, so I can't see how it can be. Worth checking the actual dates if there's any chance, remembering that it's five years in Scotland not six.

If they do go legal, will the claim be over £5000? If so then unfortunately that's over the threshold for the Simple Procedure, meaning the legal and court processes are more difficult for a lay person. Ideally you want to stop them or settle before proceedings are started.

by **Mrblue2015** Thu Oct 31, 2019 9:34 am

flyingfish wrote:
Mrblue wrote:... On another note; as this is now Statute Barred, does it matter?
Is it? The original post said the the account was defaulted in 2017, so I can't see how it can be.

Damn. Apologies, my mistake as I misread the original post as it being Statute Barred Rolling Eyes

Appreciate the correction flyingfish.

by Charlotte2980 Sun Nov 03, 2019 4:49 pm

Hello,

Apologies for jumping in on this thread, and waylander I am so sorry I have not been in touch, my personal circumstances have taken priority and it just went from bad to worse, to which I have put in a message to you explaining. PLEASE next year may it be MY year... I have had enough of it now!!

Anyway, the cheeky little... BEEEEEEP! Cabot Financial have decided (now that they have access to my personal details) go through to log my debt on my credit file. So my credit rating has now taking a knock! I have logged a complaint as this debt should be Statute Barred, regardless of that for now they are not the legal owner of the debt so I am confused as to why they can do this? Any assistance of this would be so so helpful.

Also I am still to double check bank statement from my previous bank, but I am sure this is Stature Barred... Life and personal circumstances got in the way and I have to manage this as it is priority. I was getting so far then another blow to the stomach! FED UP NOW! :-(

THANK YOU!

by **Mrblue2015** Sun Nov 03, 2019 4:58 pm

Hi Charlotte,

Please can you create a new post. This post belongs to the original poster (bonbon460)

Thank you Smile

by Charlotte2980 Sun Nov 03, 2019 5:09 pm

Hello Mrblue,

I am so sorry and yes I shall do.

Thank you Smile

by **Mrblue2015** Mon Nov 04, 2019 8:52 am

Much appreciated Charlotte Smile

by Bonbon460 Tue May 25, 2021 1:17 pm

Apologies for using this original thread, but in the spirit of keeping this complete I wanted to follow up and note that I have recently received correspondence from a solicitor acting on behalf of Cabot. Today I have received a writ and warrant (which looks to have been posted via the solicitor although verified with local court office that the reference number is legitimate) and I am looking for some assistance on how to deal with this - it relates to the debt of £5k which defaulted in 2017 and bought by Cabot in July 2019. I have made no payments to this in a number of years.

Within the paperwork received I am being asked to complete a return to either: admit claim and wish to apply for a time to pay direction, admit and wish to avoid a court order, or defend the action.

Having received advice previously I wrote to the original creditor - Halifax - using the 3 letter approach to seek the requested information.

I would be grateful for advice on how best to further dispute this. Is it the case that I am required to attend court in order to appeal this?

I have not included copies of the material but can upload a redacted version if that would assist.

Many thanks in advance.

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