Cabot Financial

10past6

Have you noticed my comment in post 20?

ugly_duckling_2

10past6 wrote: »

You're legally entilted to with hold payment, the act is very clear, they have 12 days to comply, as they've breached that time-scale, you could ask a court whether they have the right to enforce the debt or not.

It's for them to explain the delay.

Ok so it might be worth holding out and seeing whether they due infact force a court hearing and that way I could say that I believed the debt was unenforceable due to the 12 days passing. i suppose it is worth a shot but on the other hand if the court does decide it is enforceable then I would have court costs added to my outstanding balance.

10past6

ugly_duckling wrote: »

then I would have court costs added to my outstanding balance.

Yes.

This is a very tricky issue and it's for the debtor to decide the best action for them, however, it's very much a hit and miss re judges, some judges are very "Pro" creditor of late, it comes down to the judge on the day, if you're confident in presenting your case, that's something for you to consider.

I've stated this many times on here, don't take it for granted because it's a judge, he / she is upto date with consumer law, it's for the defendant to prove their case.

ugly_duckling_2

10past6 wrote: »

Yes.

This is a very tricky issue and it's for the debtor to decide the best action for them, however, it's very much a hit and miss re judges, some judges are very "Pro" creditor of late, it comes down to the judge on the day, if you're confident in presenting your case, that's something for you to consider.

I've stated this many times on here, don't take it for granted because it's a judge, he / she is upto date with consumer law, it's for the defendant to prove their case.

Thanks for all your help I will have a good think about it and make a decision.

10past6

ugly_duckling wrote: »

Thanks for all your help I will have a good think about it and make a decision.

Any questions, just ask

Choc_A_Holic

Hi there,

I have just recently received a letter from Cabot re a credit card debt (pre 2007). Should I write and ask them for a CCA?

fermi

Choc_A_Holic wrote: »

Hi there,

I have just recently received a letter from Cabot re a credit card debt (pre 2007). Should I write and ask them for a CCA?

It would be the prudent first thing to do in many cases.

However, before you do.....

How long is it since you last paid or acknowledged the debt in writing? If over 6 years, or there was a six year period when you didn't, then the debt may be statute barred and easier to deal with.

Is the debt yours in the first place?

Choc_A_Holic

Hi Fermi,

Yes the debt is mine and the last time I had something in writing was from the previous DCA in December 2009. I have been paying a small amount towards this debt every month - and have never missed a payment. Cabot have now bought the debt over. Very worried.

I have since heard that cc's taken out prior to 2007 there is a chance that credit agreements were not signed and I don't remember signing one. In that case could it be difficult for them to enforce me to pay more or at-all. I'm not working and can't afford to pay more.

Help - not sleeping & so stressed out.

fermi

In that case, then sending for CCA a could well be a good idea.

Choc_A_Holic

Do they still have a time limit to reply, ie. 12days to send this to me.