Cabot making claim - scared

ranger123_2

I have today received a Northampton County Court claim notice for a debt that Cabot purchased from a credit card company in October 2009. The debt was from January (or so) of 2008 and is just over £2000.

At the time of the original debt in January 2008 I was unemployed and in great financial difficulty. Two other credit card debts went to court that summer and, assisted by the CAB I made token offers on these other debts which were accepted. I also had a mortgage andwas in arrears.

Late in 2008 I secured a job which enabled me to pay off my mortgage arrears. That job ended in August 2009, shortly before I received my first letter from Cabot. I am again in difficulty financially, but just about managing to stay afloat. I am certainly not in a position to pay these people any more than a token amount.

Previously the CAB had advised me to ignore letters from debt collectors. Indeed, I wondered what right Cabot had to my personal information in the first place. 'Caveat emptore'. Does their 'purchase' of the debt entitle them to it? They knew it was 'bad' in the first place! I have kept all of their letters sent over the past 9 months many unopened. I find them just too intimidating.

The CAB did say I must take action however over letters from the court, which has prompted this message.

I have read posts from three years ago that say that you can ask the claimant for a copy of the original credit agreement and if they are unable to produce it then the claim will be invalid.

Do I still have time to write to them? Is this likely to result in success, or have these companies got wise in recent years? Can I refuse to acknowledge the debt as I have not made made any contact and have signed nothing with them? In other words can I say to the court, Yes I owe the debt to the credit card company, but I owe Cabot nothing?

I am very scared again after two years. Any help is deeply appreciated.

thestealer

ranger123 wrote: »

Do I still have time to write to them? Is this likely to result in success, or have these companies got wise in recent years? Can I refuse to acknowledge the debt as I have not made made any contact and have signed nothing with them? In other words can I say to the court, Yes I owe the debt to the credit card company, but I owe Cabot nothing?

If Cabot have bought the debt then they now own it. Do you know if they are just acting on behalf of the credit card company?

If the debt is real and only two years old then I'm afraid you will still be liable for it. Hang on for good advice from people who understand the legal side of things better than me.

RAS

ranger

If you do not respond to the court letter from Northampton, you will get a CCJ by default, for a sum that is much higher than you can afford. So you must deal with it.

Can I ask if you have the default and termination letters from the original creditor. if those are faulty, you can defend the action.

ranger123_2

Many thanks for your replies RAS and thestealer.

In answer to your questions:

(1) Cabot purchased the debt from the credit card company (Egg Card). A letter from Egg was enclosed with Cabot's first letter.

(2) I have the termination letter, but I cannot find the default letter from Egg.

I am a bit surprised to have received this claim form as the other claims that have been made were made within a few months of default. It's a pity these clowns are allowed to operate the way they do.

I would still like to know if I should request a copy of the original credit agreement from Cabot, and whether if they don't have it that this will disqualify their claim. Should I contact the court regarding this matter?

My general policy is only to contact debt collectors (and then only in writing) if absolutely necessary.

fermi

When did you first take out this card? Not the debt, but when did you sign up for the card?

ranger123_2

Thank you Fermi,

I am uncertain as to exactly when I obtained the card. It was probably 2002 or 2003 - and certainly sometime between 2001 and 2004. I'm sorry I cannot be any more definite than that. I did not receive regular statements from Egg it was all done online.

It may be that something exists in the loft...I was very distressed when my financial life fell apart early in 2008 and I disposed of some documentation from creditors that it may have been better to retain.

ranger123_2

Message for FERMI:

My apologies - I have the documentation from the credit card company. The card was obtained in May 2002.

PNPSUKNET

maybe worth asking them, however you have goto to be quick now. The thing is to click the option online that asks for extra time then file a good defence.

ranger123_2

Thank you PNPSUKNET - no I'm not taking the Mickey! It sounds as if you've never been on the receiving end!

I'll remember my manners and thank you for your kind advice re the claim.

I'll say a few things on the subject of unsecured debt:

(1) The debt was with a credit card company and not with the company who 'purchased' the debt in the hope of profiting from it. The credit card company would have 'sold' the debt to the debt predator for a fraction of it's total value. While I will - reluctantly - admit the debt to the claims court if I have no other choice I do not accept any debt to the collector whose sole aim is to profit from my misfortune. My contract was with the card company who chose not to approach the claims court.

(2) These companies lie and exert extreme psychological pressures to try to get people to pay. The CAB advise individuals that 'unsecured' debt such as credit cards are 'low priority' and should not be paid in preference to 'high priority' debt such as utility bills and mortgages.

They also advise that you should NOT (as I was considering) sell your house to pay these debts!

(3) Credit cards are the 20th and 21st centuries biggest scam. They are a con. Nobody needs them! 'Moneylending' in Victorian times was a very dirty business. Slick marketing has given this sleazy trade a glossy sheen. Get into trouble and you soon find out who your friends are! Read Dickens!

(4) If people were allowed to sue these debt collection companies for the amount of distress and misery they heap upon private individuals then all private unsecured debt would be wiped our in an instant!!

(5) If I could I would wipe these EVIL SCUM off the face of the planet!

...have I made my point...?

RAS

ranger

Ignoring the ethics, we need to get clear your situation as there may be legal requirements that would prevent the CCj being issued.

Sorry but " a credit card company" - who? If it was Cap one or MBNA, at that date the chance of a legally compliant Consumer Credit agreement from either of them is small. In which case, you are not required to pay them and can defend the CCJ.

In fact a legally complaint CCA for a credit card in 2002 would be a bit unusual.

You need that default letter. If that is faulty you can defend the CCJ. Can you find the dang thing?

You need to acknowledge and defend the casee and get Subject Access Request out pronto as that will rpoduce the paperwork you require.

PNPSUKNET

ranger123 wrote: »

Thank you PNPSUKNET - no I'm not taking the Mickey! It sounds as if you've never been on the receiving end!

maybe worth asking them, however you have goto to be quick now. The thing is to click the option online that asks for extra time then file a good defence.

How is that taking the mickey? Its a fact ask they for the agreement.