Cabot offer

by MBE2017 Fri Sep 22, 2017 8:24 pm

Have received an offer from Cabot re old CC debt, which they tried to take myself to court over approx 1 year ago. Requested docs, agreeement as per normal, nothing forthcoming apart from a few details, but no original agreeemnt. Action was set aside, now 9 months later they have offered a large discount to settle, to be only offered the once.

Now I have no intention of paying them since they seem unable to furnish the agreement as required, but my question is should I simply ignore their letter or respond in some manner?

I am also considering going for an order to prevent them resurrecting this again in the future whenever they want to through the courts if necessary.

Any advice guys?

by Waffle Fri Sep 22, 2017 9:42 pm

How long until its statute barred?

If it were me I would conditionally accept there offer providing they can provide certain documentation.... Very Happy

Such as the documents they failed to provide before, I would also list a bunch of other documents that you should be provided with. See some of our latest letters in the debt forum for some ideas on documentation to request and letter styles.

by Tiggy Fri Sep 22, 2017 10:22 pm

MBE2017 wrote:Have received an offer from Cabot re old CC debt, which they tried to take myself to court over approx 1 year ago. Requested docs, agreeement as per normal, nothing forthcoming apart from a few details, but no original agreeemnt. Action was set aside, now 9 months later they have offered a large discount to settle, to be only offered the once.

Now I have no intention of paying them since they seem unable to furnish the agreement as required, but my question is should I simply ignore their letter or respond in some manner?

I am also considering going for an order to prevent them resurrecting this again in the future whenever they want to through the courts if necessary.

Any advice guys?

What do you mean 'the action was set aside', did they get a Judgment by Default which you successfully applied to be set aside OR do you mean the Court Action has been Stayed as they've failed to proceed with the claim?

by MBE2017 Sat Sep 23, 2017 12:41 pm

Sorry, the action was stayed, not set aside. A partial agreement was sent, but not the whole agreement as it is supposed to be supplied, since this is a very old credit card, been asking for two years now, the cc company sold the debt to Cabot who always ignore letters and requests, simply stating I would lose in court blah blah blah etc etc etc.

Cabot decided not to proceed or reply to my defence, so it was stayed, but now 9 months later they are back. I didn't want to extend the process by replying, but nor do I wish to make a mistake by ignoring the contact if I should reply. I was helped by Tiggy on a previous forum re the defenc about a year ago.

by **daveiron** Sat Sep 23, 2017 2:29 pm

If they had what they needed to get a judgement ,they would have proceeded ,and they would certainly not have offered a large discount.
Adapt to suit ,letter 1 from the Debt Purchasers section.

by Tiggy Sat Sep 23, 2017 2:31 pm

You could either leave it stayed and hope they don't proceed, what's the value ? Or apply for the stay to be lifted and the claim dismissed.

There are obvious risks with either scenario, but if they're making an offer then it's possible they don't have the evidence to support their claim.

by MBE2017 Sat Sep 23, 2017 3:38 pm

Value is £7k plus, have requested this info over seven letetrs over a year, none of which have been complied with by either CC company or Cabot.

Re the stay to be lifted and claim to be dismissed, is this the same as an unless order or a different instrument to be used?

by Tiggy Sat Sep 23, 2017 3:49 pm

MBE2017 wrote:Value is £7k plus, have requested this info over seven letetrs over a year, none of which have been complied with by either CC company or Cabot.

Re the stay to be lifted and claim to be dismissed, is this the same as an unless order or a different instrument to be used?

You can apply for either an Unless Order or for the claim to be dismissed under CPR 24 (claimant has no chance of winning the claim), but is a bit of a pig of a procedure.

However, if you go for either you have to be aware that if you fail the Court could award a Judgment against you there and then AND you could end up liable for the othersides costs in defending against the application, which won't be cheap.

by MBE2017 Sat Sep 23, 2017 3:55 pm

Waffle wrote:How long until its statute barred?

If it were me I would conditionally accept there offer providing they can provide certain documentation.... Such as the documents they failed to provide before, I would also list a bunch of other documents that you should be provided with. See some of our latest letters in the debt forum for some ideas on documentation to request and letter styles.

I don't think I will go this route, since even a conditional offer against an alledged debt surely gives credence that I accept the debt is mine, surely the company should simply prove this themselves, rather than myself help them.

Based on Tiggys last post, I think I will simply ignore the letter, the DCA will have to pay hard cash to start things again, and I can address them if required at the time.

by MBE2017 Sat Sep 23, 2017 3:57 pm

daveiron wrote:If they had what they needed to get a judgement ,they would have proceeded ,and they would certainly not have offered a large discount.
Adapt to suit ,letter 1 from the Debt Purchasers section.

I seem to be having trouble finding a Debt purchasers section in the forum, is it called something else, or does anyone have a link?

by **assassin** Sat Sep 23, 2017 7:30 pm

I don't think I will go this route, since even a conditional offer against an alledged debt surely gives credence that I accept the debt is mine, surely the company should simply prove this themselves, rather than myself help them.

If they cannot or will not prove you owe the debt they will know this, hence the bravado about you not winning in court, and them making threats and them trying to trick you into paying something.

by **daveiron** Sat Sep 23, 2017 8:59 pm

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

by petesomething Sat Sep 23, 2017 9:39 pm

Hi MBE2017

You can got to court and win, some time later they may write to you and still ask for payment , do not do a unless order in this case ,

this happened to me :lol:

start the new 3 letter above , remember DCA WILL LIE AND CHEAT TO GAIN AN ADVANTAGE

The billing may seem low in the new 3 letter but it,s realistic for your time . but bill them when time to do so,
they still may write to you a few times, i think in this case they just trying it on start the new letters

keep us informed

by EGGS&BACON Tue Sep 26, 2017 1:35 pm

Having similar problems with Cabot....

They wrote to me demanding payment.

I wrote to them requesting all the details and copy agreement etc etc as per the three letters.
They kept writing back acknowledging my requests.
They could not provide anything and said they put the case on hold and were 'trying to get the documents'.

Then they went away for a couple of years.
Now they are back - having they sent claim form to my old address - this is a lie as they had my new current address as we were writing to eachother.

I have never had a claim from them - only their letters.

They managed to get a judgment by default on me through sending to my old address sneaky gits.

I have applied to the court now and a hearing has been set.

The matter is now statue barred and has been for over a year.

I am going to have to get a solicitor aren't I ?

Cheers

by Tiggy Tue Sep 26, 2017 2:07 pm

EGGS&BACON wrote:Having similar problems with Cabot....

They wrote to me demanding payment.

I wrote to them requesting all the details and copy agreement etc etc as per the three letters.
They kept writing back acknowledging my requests.
They could not provide anything and said they put the case on hold and were 'trying to get the documents'.

Then they went away for a couple of years.
Now they are back - having they sent claim form to my old address - this is a lie as they had my new current address as we were writing to eachother.

I have never had a claim from them - only their letters.

They managed to get a judgment by default on me through sending to my old address sneaky gits.

I have applied to the court now and a hearing has been set.

The matter is now statue barred and has been for over a year.

I am going to have to get a solicitor aren't I ?

Cheers

Unless it's for a significant amount I doubt a Solicitor would take it on, they're not interested in small claims cases (under £10k) as there's no costs awarded.

On the Statute Barred question, when did the OC issue the formal default notice and when did Cabot commence proceedings against you ?

by **daveiron** Tue Sep 26, 2017 2:19 pm

Hi E&B

Have you kept all of your paperwork , especially that showing both sides corresponding to your current address ?

Remember as you did the three letters ,you have always said that you would pay ,when they produce the evidence.
Take a look at the new 3 letters and take from that all you can & advise them that you will be asking for all of that in court.
That may cause them to drop it. I know its late in the day ,so do it now ,It must be worth a shot.

by EGGS&BACON Tue Sep 26, 2017 2:59 pm

Hello both,

Defaulted by OC October 2010 and came off Oct 2016.

May 2014 Cabot wrote to me and I replied immediately and used three letters.

Everything I did recorded delivery and have proof they have had my requests and I have copies of ABSOLUTELY EVERYTHING.

It has been on a Stay at Court since May 2014 - thought a Stay could only be on for 6 months?

I think I will write to them and state I will be demanding the documentation through the Courts - yeah? Is there any specific wording I should use.

I will keep this updated and tell all about what happens in Court etc.

Thank you!

by Tiggy Tue Sep 26, 2017 7:25 pm

EGGS&BACON wrote:Hello both,

Defaulted by OC October 2010 and came off Oct 2016.

May 2014 Cabot wrote to me and I replied immediately and used three letters.

Everything I did recorded delivery and have proof they have had my requests and I have copies of ABSOLUTELY EVERYTHING.

It has been on a Stay at Court since May 2014 - thought a Stay could only be on for 6 months?

I think I will write to them and state I will be demanding the documentation through the Courts - yeah? Is there any specific wording I should use.

I will keep this updated and tell all about what happens in Court etc.

Thank you!

If they started proceedings in 2014 then it can't possibly be statute barred, that's a bar on starting proceedings and they started in 2014.

A stay at Court is indefinite, the oldest on the system goes back to 1999 but that's only because that's when they introduced the Caseman system so they could be older ones.

If the claim is below £10k then you can use a CPR 18 Request for Further Information, if over then use CPR 31.14 Disclosure of Documentation.

If it's a credit card then you request a copy of the agreement under Section 78.1 of the Consumer Credit Act, if it's a loan then use Section 77.1, paying a £1 fee.

by **assassin** Wed Sep 27, 2017 1:30 am

Tiggy, there are older ones and many of them.

by EGGS&BACON Wed Sep 27, 2017 12:02 pm

hi there,

they started letter writing in 2014 and I responded - requesting all the documents.

they have never sent a claim to me and it is now statute barred. No legal claim papers were served.

Have you got a letter I can send requesting the CPR 18? Plus a letter to request a copy of the agreement etc?

its an ancient credit card so do I need to pay them the £1 or does that just refer to loans?

sorry for keep checking but I want to get this right and then help on here...

cheers

by Tiggy Wed Sep 27, 2017 12:48 pm

EGGS&BACON wrote:hi there,

they started letter writing in 2014 and I responded - requesting all the documents.

they have never sent a claim to me and it is now statute barred. No legal claim papers were served.

Have you got a letter I can send requesting the CPR 18? Plus a letter to request a copy of the agreement etc?

its an ancient credit card so do I need to pay them the £1 or does that just refer to loans?

sorry for keep checking but I want to get this right and then help on here...

cheers

You said 'there was a Stay in Court' in 2014, how can there be a Stay in Court if they've never issued proceedings ?

Perhaps you should start a new thread and explain what's happened from the beginning as you appear to have hijacked someone else's.

by EGGS&BACON Wed Sep 27, 2017 1:03 pm

yes, because they pretended to send a claim though we never got the claim papers. then they got a default judgment on our old address and then that's where the stay comes in.

they were writing to us at our new address but they say they sent the claim to our previous address - the court allowed default judgement but then it was stayed for some reason until this year.

please can you help with the CPR 18 etc query and I will then set up a new thread and keep it updated.

cheers

by EGGS&BACON Wed Sep 27, 2017 1:03 pm

Have you got a letter I can send requesting the CPR 18? Plus a letter to request a copy of the agreement etc?

its an ancient credit card so do I need to pay them the £1 or does that just refer to loans?

by Tiggy Wed Sep 27, 2017 1:36 pm

EGGS&BACON wrote:yes, because they pretended to send a claim though we never got the claim papers. then they got a default judgment on our old address and then that's where the stay comes in.

they were writing to us at our new address but they say they sent the claim to our previous address - the court allowed default judgement but then it was stayed for some reason until this year.

please can you help with the CPR 18 etc query and I will then set up a new thread and keep it updated.

cheers

Hopefully, a moderator will be able to split this thread and set your posts up as a new one.

Right, so they commenced proceedings but you didn't get the claim form and they got a judgment by default, you applied for a set aside (which presumably you were successful with) and the claim has been stayed since?

So what's happened now?

Did you submit a defence against the claim when you applied for the set aside?

A CPR 18 is a request for further information using Civil Procedure Rule (CPR) Part 18, you will also need to send a request for a copy of the agreement under Section 78.1 of the Consumer Credit Act and send the £1 fee. I'll try and dig those out for you.

by EGGS&BACON Fri Sep 29, 2017 11:44 am

Hi there,

Yes and we applied for a strike out but ended up with this hearing next month.

No defence was submitted with our application.

I will wait to hear from you and then write directly to them and request CPR18 and Section 78.1 request too - yeah? Do I need to tell the court I have requested this information from them?

Thank you very much for your help.

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