CABOT filed CCJ application despite 3-letter process

by davidg4039 Sun Feb 03, 2019 6:21 pm

I received letters from CABOT and responded with the 3 letters (all RD) to which they did not supply requested information. Then I received a letter from their in-house solicitor, Mortimer Clarke, which I chose to ignore thinking it was another scare tactic.

Just received County Court paperwork lodged at Northampton which I will defend.

I did receive an attachment to one of their early letters which might be of interest to you guys. See attached.

Will keep you posted.

PS: they lost the last attempt with an old case so hope to follow same process.

by Roundthebend Sun Feb 03, 2019 6:59 pm

Hi David, I'm in similar position to you, can you point me to anywhere on the forum that provides info on dealing with the defence, tried searching but nothing specific for me so far, will keep searching but any help would be much appreciated, cheers RTB

by davidg4039 Sun Feb 03, 2019 9:06 pm

I followed advice a couple of years ago on the GOODF site and was successful. Post your own details for responses. Your circumstances will differ from others but keep an eye on threads for follow up info. The admin and other guys on here are very knowledgable. I will be posting my progress

by itheman Sun Feb 03, 2019 10:33 pm

Hello you two,
Personally, i'd think the two are pretty much the same...DCAs all work in the same arena with the same BS. They're all in collaboration with the "legal" courts/(the) system. It's corrupt, geared to leveraging money (banks...YouTube "white rabbit" he does a descriptive video in how that all works! (I'll try to remember to post it here)) from persons...the ALL CAPS PERSON/estate.
Wow, they do have things tied up big time! However...
Take a look here
https://goodf.forumotion.com/t3308-clarity-and-history-common-law-vs-statutes
Then read it again and again after reading https://goodf.forumotion.com/t604-liability-order-in-respect-of-council-tax Especially page 3 with letter from Veronica, some good links in that post too.

Together we're formidable, divided we're cattle trucked!

by itheman Wed Feb 06, 2019 9:57 pm

Hi, how are you getting on?
This is the youtube link i was referring to

Most interesting, i hope it helps makes a bit more sense to the whole system we're faced with
cheers

by davidg4039 Thu Feb 14, 2019 12:39 pm

I ignored the pre-action letter from Mortimer in this case with Cabot as I thought it was a scare tactic.

Having since received CCJ paperwork I responded with CPR18 request. Have I messed up?

Was unaware of the PO box signature situation so why do the Post Office not flag this up when requested? DCA's I have written to use PO's.

by waylander62 Thu Feb 14, 2019 4:10 pm

ignoring the pre action protocol letter was a mistake, this was your big chance to request documentation which they cannot escape from.

what documents have they provided thus far ?

have you acknowledged service ?

by davidg4039 Thu Feb 14, 2019 7:36 pm

They have not provided any documents despite the 3 letters sent by RD and yes I have acknowledged service.

by waylander62 Thu Feb 14, 2019 11:32 pm

Ok then you need to formulate a defence,

base your defence on receiving no documentation whatsoever in respect of the claim made against you.

immediately send out an official CCA request

by davidg4039 Fri Feb 15, 2019 8:32 am

Sorry but what is a CCA request?

by davidg4039 Fri Feb 15, 2019 8:38 am

Got it!

Does the CPR18 not cover this?

by waylander62 Fri Feb 15, 2019 10:19 am

davidg4039 wrote:Got it!

Does the CPR18 not cover this?

not necessarily, they can try and wriggle out of a part 18 request but MUST respond to an official CCA request.

by davidg4039 Fri Feb 15, 2019 11:12 am

CCA to the solicitor or Cabot/both? Thanks

by waylander62 Fri Feb 15, 2019 1:31 pm

to be honest i am sure if you read the claim form it will tell you.

i would expect it to say that all correspondence should be sent to their Solicitor

by davidg4039 Mon Mar 04, 2019 11:13 am

Sent CCA and received a response over the weekend which says:

"We can confirm that this firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can.

In the meantime,whilst we have requested the original documents mentioned in your correspondence, the matter has been placed on hold and no further action will be taken."

My defence statement has been submitted so should I forward a copy of this to the court?

I'm feeling positive about this!

Regards

Carole

by waylander62 Mon Mar 04, 2019 3:10 pm

yes always now a claim has been issued send a copy of all correspondence to the court.

you need to both file and serve documentation.

file= file it with the court
serve = serve a copy on the other party.

also push for other documents you are entitled to see. In a separate request if necessary such as a cpr 31 request or a part 18 request for further information.

by Hellsbells6721 Thu Mar 14, 2019 1:38 am

Please can someone tell me what CCA and CPR18 are?
Many thanks

Hellsbells6721

by davidg4039 Sat Mar 16, 2019 2:30 pm

[quote="Hellsbells6721"]Please can someone tell me what CCA and CPR18 are?
Many thanks

CCA = Consumer Credit Act (1974)

A CPR 18 is a request letter for information. You should be able to find a template on the site.

by davidg4039 Sat Mar 16, 2019 2:55 pm

waylander62 wrote:
davidg4039 wrote:Got it!

Does the CPR18 not cover this?

not necessarily, they can try and wriggle out of a part 18 request but MUST respond to an official CCA request.

Got a response to the CPR18 and CCA Request. I have attached edited copy.

by davidg4039 Sat Mar 16, 2019 2:59 pm

Wrong Files on previous post!

by waylander62 Sun Mar 17, 2019 1:12 am

according to this they have enclosed a copy of your electronic agreement ?

this would point to you applying and agreeing online, would this have been the case ?

also they state they have provided a copy of the default notice, have they ?

have you sent a SAR to the original creditor ?

by davidg4039 Sun Mar 17, 2019 8:47 am

yes, yes, yes and no to your questions.

To be honest, with everything else that has been going on I may as well declare bankruptcy rather than pay these scum a penny.

Sorry if that goes against some peoples' principles.

by davidg4039 Wed Mar 27, 2019 10:12 pm

davidg4039 wrote:yes, yes, yes and no to your questions.

To be honest, with everything else that has been going on I may as well declare bankruptcy rather than pay these scum a penny.

Sorry if that goes against some peoples' principles.

Any advice regarding this letter would be gratefully received

by waylander62 Fri Mar 29, 2019 8:55 pm

i think i have worked out what this is about now,

barclaycard have realised that they didnt send you a compliant default notice when they should have done and are saying that the mistake was rectified.

by davidg4039 Fri Mar 29, 2019 9:06 pm

does this have an impact on the ccj?

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