Advice and help please

rog2

AMBERSHADOW wrote: »

I don't know who cabot are or who they are representing for this amount.

But t both orders are over 1 year old.

Cabot - https://www.cabotfinanial.com/uk - are a rather unwholesome company that specialises in buying old, and often legally unenforceable, 'debts' - usually for a fraction of their value. They then set about badgering, cajoling and threatening the 'debtor' for payment of the full 'face value' of the debts. As with many of their ilk, their philosophy is to 'go in heavy' and to keep up pressure on the debtor in order that the 'debtor' has little, often no, time in order to research and avail of his/her rights under Law. 'Most' debtors will be scared witless by this approach and will, often by incurring more debt, somehow find the money to pay Cabot. :mad: :mad:

You must stand up to them, and their tactics.

And it really does not matter if the 'orders' are 1 year old. Please speak to the Court (do not speak to Cabot) and get the ball rolling on having these 'orders' set aside.

AMBERSHADOW

But surely I need to know when all this was taken over and so on? I am waiting for statements as I need to be sure But will call the court today and keep you posted

AMBERSHADOW

Been onto the court they are sending out forms for us to fill in for a set aside..

I am hoping to have all statments and the dates this was passed over to Cabot who now have this unknown debt

rog2

AMBERSHADOW wrote: »

Been onto the court they are sending out forms for us to fill in for a set aside..

I am hoping to have all statments and the dates this was passed over to Cabot who now have this unknown debt

Good on you, AMBER, for 'starting the ball rolling. Your next step, which you can, now do whilst the 'set aside' procedure is underway, is to ask Cabot to provide you with a true and compliant copy of the original executed consumer credit agreement and any 'note of assignment' from the original creditor:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

Use the 'template letter' that you will find on that link - you need to add in the request for any 'note of assignment' as follows:

Furthermore, I request copies of any letter or note of assignment, from the original creditor, assigning the account to you for collection.

Cabot have 12 working days, from the date they receive your request, and £1 Statutory Fee, in which to provide you with this information.

This will form a very important part of your 'defence' - if they do not provide this information, then they will be 'in default' and the 'debt' can not be pursued, without permission from the Court, whilst they remain 'in default'

If they do provide the information, it should be sufficient to establish whether the 'debt' was, in fact, Statute Barred, at the time they applied for the original CCJ and 'charging order'.

Lots of work to do, but you're already making progress.

AMBERSHADOW

Thank you so much Rog2.. I have already done so today and sent recorded delivery too..

AMBERSHADOW

sORRY I can still do this can't I as they have already obtained a ccj?

Hippocampus

If Notice of Assignment was never sent, then Cabot, as buyer of the debt, has no right to have sued you in the first place. Grounds in itself to have this set aside.

Be aware that Cabot, in an attempt to "prove" that you were sent a NOA, will actually send you a template of the type of letter (their "hello" letter) that they MIGHT have sent. This is NOT proof. Just because Cabot can't be bothered to keep copies of everything they supposedly send to you, does NOT absolve them of the need for them to do so.

I would SAR Cabot, and get as much information as you can from them. If you do it as soon as possible, they will hopefully send everything before realising that a little "massaging" of the paperwork is necessary.

Not that I am suggesting for one minute that they are capable of deceit.

Hippocampus

AMBERSHADOW wrote: »

sORRY I can still do this can't I as they have already obtained a ccj?

Yes, you can, and must. They appear to have been somewhat naughty in managing to get this into court without your knowledge, so you have every right now to ensure that the wrong they have done is corrected. You cannot apply for a set aside if you cannot plead your case, so you need as much information as possible. It is your right, enshrined in law, to ask for this information at any time.

rog2

AMBERSHADOW wrote: »

sORRY I can still do this can't I as they have already obtained a ccj?

As Hippo says - you not only can do it - you must do it.

AMBERSHADOW

Thank you and have a big kiss and a hug please as without your help I would not know what to do..

Will keep you updated Rog2 .......A million thank yous



can I just ask please whats a sar?