Re: Cabot advice

by Mr.Big Thu Aug 13, 2020 11:19 am

Hi My wife has a couple of credit cards with Cabot.
The debt is from 2010.
She sent the 3 letters and eventually they came up with the original contracts.
She then started to pay them smallish amounts each month and then stopped paying them.Cabot are now sending her letters threatening to put a charge on her house etc.
I would appreciate some help as I think they might take legal action.
Thanks
Mr.Big

by **daveiron** Thu Aug 13, 2020 11:46 am

Hi, More info required,
How long have cabot owned this alledged debt,has it been to court, when did she stop payments.Did you ever receive the original default notice.
( nothing that could identify the account)

by **Mrblue2015** Thu Aug 13, 2020 2:35 pm

Also how much is the total alleged debt? Can you round it up to the nearest £1K? (Do not tell us the exact amount to maintain anonymity)

by mitch Thu Aug 20, 2020 8:27 pm

Letter saying their about to pass this to their (fake in-house) solicitors in five days. Would it be advisable to wait and respond to that?

by **Mrblue2015** Thu Aug 20, 2020 10:59 pm

Yep just wait for that, let’s see what they say. Is the debt over £5K? Can you round it up to the nearest £1K?

by mitch Fri Aug 21, 2020 10:47 am

by **Mrblue2015** Fri Aug 21, 2020 1:35 pm

You’ll be fine then unless miraculously they have all of the documents you shall be asking for in the template letters.

Treat an in-house ‘solicitor’ (ie a Mickey Mouse one...) as a DCA for the time being at least ie use the relevant letters for DCAs.

IMO they are using in-house ‘solicitors’ to scare you ie the word ‘solicitor’ instead of DCA.

by **Mrblue2015** Sat Aug 22, 2020 9:47 am

Also a proper solicitor will sign their letters coupled with the name of an individual. I bet this in house one does not...

by mitch Wed Nov 11, 2020 1:23 pm

Nothing back from them for almost 3 months and it's now 6 years years since the debt was first disputed so it's now statute barred. What would be the next course of action?

by **Mrblue2015** Wed Nov 11, 2020 3:59 pm

Can you see from your credit report that the defaulted account has dropped off for sure?

by waylander62 Wed Nov 11, 2020 5:29 pm

no this will not be statute barred, i am sure you agreed a payment plan with cabot and were paying within the last 2 years

'under pressure from your wife' i believe.

the clock would have reset so a long way from being statute barred.

i hope i am wrong on this ?

by **Mrblue2015** Wed Nov 11, 2020 7:58 pm

If Waylander62 is correct then yes, I’m afraid statute barred resets from the moment you make a repayment.

Please ensure the facts are correct in order to obtain the best possible (free) advice Smile

by mitch Tue Dec 29, 2020 4:51 pm

"Letter of Claim pursuant to the Pre Action Protocol for Debt Claims" from Restons solicitors which arrived on 23/12/20 with a deadline of 20/01/21.
Is it now a case of doing the three letters with them?

by **Mrblue2015** Tue Dec 29, 2020 7:36 pm

You now need to formally reply to their Letter of Claim and this is not achieved using the three letter process. Complete b@stards issuing you this a couple of days before Christmas...

EVERYONE READING TAKE NOTE - this is the type of scum you're 'up' against so DON'T give up the fight! Let them p@ss away more money sending you letters until they (NOT YOU), more often than not, have to eventually concede defeat and then you'll have the satisfaction of knowing that they lost money not only from buying an 'alleged' debt in the first place, but wasting all their time and money thereafter for nothing!)

Check out my next post for instructions on how to respond to a Letter of Claim

Remind me: who was the Original Creditor (OC) i.e. who was the original agreement with (name of the bank or credit card provider)?

Did you send them a Subject Access Request (SAR)? Do you have the results (just a “yes” or “no” for now).

by **Mrblue2015** Tue Dec 29, 2020 7:43 pm

HERE FOLLOWS HOW TO RESPOND TO A LETTER OF CLAIM

You must reply within 14 days from the date shown in the Letter of Claim.

You must follow ALL 3 steps:

1. Filling out the form:
From the form, tick the box that days you DISPUTE the debt. You should also have a box that says allows you to enter a reason for disputing the debt. In this box say the following in bold:

As per the Practice Direction Pre-Action Conduct and Protocols, please find enclosed TWO letters:
a) A formal demand for you to supply a true copy of the Consumer Credit Agreement plus associated Terms and Conditions in relation to the alleged debt, along with the £1 statutory fee (also enclosed).
b) A formal demand requiring you to provide additional evidence in relation to the alleged debt.

(DO NOT fill in any income and expenditure form if they supply one, feel free to rip that up, wipe your backside with it or whatever! Your finances are none of their business!)

2. Letters a) and b) - the 'enclosed letters'
For letter a) write a headed etc letter and state the following in bold:

This is an official demand for a true copy of the Consumer Credit Agreement plus the associated terms and conditions in relation to the alleged debt, including the statutory £1 fee (please find enclosed), to be provided to me within SEVEN days of the post marked date of this letter.

(Also enclose a postal order for £1 and on that postal order, ensure you write in bold: payment for Consumer Credit Agreement request only.)

For Letter b) write a headed etc letter and state the following in bold:

This an official demand requiring you to supply me with true, legible copies of ALL of the following documents in order for your client to evidence their claim to the alleged debt and to be provided to me within FORTY days of the post marked date of this letter: -

a) Any Default Notice served
b) Any Notice of Assignment served
c) Any Statements of account showing how exactly the alleged sums have become due
d) The Termination Notice
e) The Sale Agreement / Deed of Assignment evidencing your clients title to bring a claim

OR for Letter b) you can use instead the template found here:
https://goodf.forumotion.com/t41-the-3-letters-process

- scroll down to the section 'If things do go to court', starting from where the template says SENT BY RECORDED DELIVERY.

3. Photocopy all of the above (i.e. the form, your enclosed letters AND the postal order) for your own records PRIOR to sending an A4 envelope containing all of the original documents and postal order via Royal Mail Signed For delivery (better still, using their tracked service) ensuring the envelope gets to the solicitor BEFORE the 14 day deadline. I recommend you send off your envelope with one week to go at the very latest (don't risk leaving it too late!)

If you do not do the above, they will likely issue a claim and then it gets harder (but not impossible) to fight...

by mitch Thu Jan 07, 2021 8:54 am

Thanks very much for this Mr Blue.

Original creditor was hsbc and i requested a SAR a couple of years ago and was sent a huge package of bank and credit card statement print outs, loan info etc.

RE: OR for Letter b) you can use instead the template found here:
https://goodf.forumotion.com/t41-the-3-letters-process

Which template is it on this page? What's the difference between this and what's suggested on your post for letter b?

by **Mrblue2015** Thu Jan 07, 2021 9:07 am

Again, per my original instructions and in relation to that link:

- scroll down to the section 'If things do go to court', starting from where the template says SENT BY RECORDED DELIVERY.

The choice is yours. The template may come across as more official or as though you have copied and pasted it.

by waylander62 Thu Jan 07, 2021 10:14 am

sounds like they are about to take you to court

just checking through, so this was a credit card ? and you have received a full package of SAR information which is good.

what have cabot provided in the form of documentation ? anything ?

time for action now following the correct procedures

by mitch Thu Jan 07, 2021 2:13 pm

Cabot have only ever sent photocopies of loan agreement and statements

by waylander62 Thu Jan 07, 2021 2:30 pm

so it was a loan ?

sorry but i am a bit confused, what type of loan was it ?

do you have a full SAR information on this loan including a copy of the agreement and the reason the loan agreement was terminated ?

it really is time for straight talking and action

by **Mrblue2015** Thu Jan 07, 2021 2:56 pm

Perhaps the confusion is that when you request a SAR from an OC, they give you everything and anything and it looks like Mitch had a loan AND CC with them, but it's the loan Cabot are pursuing - does that sound right Mitch?

by mitch Thu Jan 07, 2021 3:23 pm

Sorry yes that right, a loan but only being pursued for loan. The other DCA chasing the CC just gave up. The SAR had a copy of agreement but no reason for loan agreement termination.

by waylander62 Thu Jan 07, 2021 4:48 pm

is the agreement the same as what Cabot sent ?

there should at least be letters from the OC explaining what action they were taking in respect of you not paying, i assume they must have terminated the agreement at some point, you need to find that information.

was there any insurance or PPI taken out with the loan ? any unfair charges applied ( hsbc are currently paying out now for not treating customers fairly who had debts with them )

what about terms and conditions ? did they send you a copy.

you need to sort out the SAR info in date order and make it accessible so you can check everything cabot are claiming.

by mitch Thu Jan 07, 2021 5:33 pm

Ok thanks for info. I'll have to do another SAR request as I don't have anything from OC currently. It was an unsecured loan with no insurance or PPI.

by **Mrblue2015** Thu Jan 07, 2021 10:11 pm

Mitch, Waylander62 isn't asking you to send off for another SAR Smile

All he asked (in relation the the SAR) was to sort it into chronological order. And then see if any of the documents Cabot issued you with MATCH any of the docs from the SAR you obtained from the OC i.e. the company who you allegedly had a loan with. Does that make sense?

For example, does the agreement that Cabot sent you match the one you obtained from the OC's SAR? Did Cabot send you Ts and Cs? Did the SAR show Ts and Cs? It's a matching / discrepancy exercise.

And now look at the other Qs Waylander62 asked you in relation the the termination, any insurance/PPI you may have taken out for the loan (which would show up in the SAR) etc etc

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