Cabot Financial & Northampton County Court Advise Please?

Hippocampus

If it has already got to this stage, Cabot are required to provide any evidence that is demanded, so should provide copies of everything free of charge. But it is wise to try the route as advised above in any case, as this officially puts it into dispute.

However, it's worth bearing one thing in mind... Cabot use a myriad of companies, and things can get somewhat confusing.

Cabot Financial (UK) Limited are the company that buys and theoretically owns the debt. However, it is a company in name only. And as such, claim they do not hold or process any data. They use Cabot Financial (Europe) Limited as their administrative arm, and they do all the chasing, collecting and data processing. This is the company to whom all correspondance should be sent.

But ALWAYS remember that it is Cabot Financial (UK) Limited that is taking your friend to court. SOrry if it sounds confusing. But I think that this is just how Cabot like it.

So when defending, don't just state Cabot. The Claimant IS Cabot Financial (UK) Limited. Even if it's Cabot Financial (Europe) Limited who mess you around pretendng that they don't have any of the original creditor's duties.

oasisfeverish

Thanks Hippocampus for the added information.

The current situation is two letters sent by Recorded Delivery for each 'alleged debt' asking for relevant true copies of agreement and deed of assignments.

One has according to RM been signed for today, the other outstanding still.
Acknowledgment of Service filed, defence needs to be by 31st Oct.
Credit Files checked and clear.

Have given Cabot till 26th October to supply relevant details, which will tie in nicely as defence by 31st Oct (been trying to word it right for her, as she isn't confident to do this herself). Tips greatly accepted.

Spoken to court, apparently, once defence is filed, the court then contact the claimant requesting evidence and Cabot have 33 calendar days to respond. Failure to do so results in claim being 'stayed'

Trying to understand what 'stayed' means, but it has something to do with 6 months lifespan?

Will keep you guys updated, we both thank you for the continuous help.

oasisfeverish

UPDATE:

We have receive two responses from Cabot after requesting a signed true copy of agreement under CCA for the alleged debt, signed true copy of the deed of assignment and statement of account.

1. (16/10/07 Extracted from letter of Response from Cabot)
"Cabot will always assist the customer and the creditor in providing information and therefore I can confirm that Cabot has requested the relevent information from MBNA, and on receipt this will be forwarded to you accordingly. There may sometimes be a delay in providing the documents, as the vendor may have to retrieve these from their archives. Therefore we would appreciate your patience and co-operation in this matter.

We also enclose a statement of account as requested."

MY COMMENTS:
They also returned the £1 fee by 2 x 50p as do not accept this statutory fee?
The 'statement of account' appears to be something a 5 year old drew up. Has no name, reference number, company or any connection with the alleged debt. There is a starting date of 19/02/01 £1815.31, then for the next 12 months what looks like a interest charge. Then on 25/09/07 the sum of £1242.57 added (funny enough 3 days before Court summons issued!!).
No deed of assignment enclosed.

2. (17/10/07 Extracted from letter of Response from Cabot)
"Please find enclosed your Postal Order for £1, as we do not accept this statutory fee.
The Cabot Financial Group is not obliged to provide this information but we are please to help and have already requested the documentation for you from the original lender.
We anticipate that we will be able to provide this information within 12 days. In the event we are unlikely to obtain this information within those time limits, we will wrtie to you again."

MY COMMENTS:
No 'statement of account' enclosed or deed of assignment.


The way I see it is that these are excuses that are designed to stall you. And nothing has changed. They still need to provide the documentation within the 12+2 timeframe. What I do find funny is that although they state they have requested the information from the original creditor/vendor/lender (take your pick), they still failed to provide the deed of assignment which they should have also.

rog2, weller711 & Hippocampus and other, we welcome your comments on this and confirm that we continue as normal, wait to see if anything turns up by 26th Oct which is the 12+2 date, then file the defence highlighting the fact that she has clear credit files, no previous correspondence received from Cabot, plus failure to provide credit agreement, deed of assignment within timescales?

thanks again for the help.

oasisfeverish

Just bumping this to see if rog2 or weller711 have any thoughts as to the last update.

The 12+2 date is up tomorrow and as of yet, no signed agreement arrived. Got a sneaky feeling that those were buffing letters.

rog2

oasisfeverish wrote: »

The Cabot Financial Group is not obliged to provide this information but we are please to help and have already requested the documentation for you from the original lender.
We anticipate that we will be able to provide this information within 12 days. In the event we are unlikely to obtain this information within those time limits, we will wrtie to you again."

The person/company who is chasing you for payment for any 'alleged debt' is obliged to provide a true copy of the original signed cca, within the legally allowed timespan, upon your request whether or not they are the original lender.

I agree - I think they are trying to 'buy time' in the hope that you will forget about your rights under the Consumer Credit Act 1974.

Hopefully weller will see this, if not I will look around for a suitable template letter for you to send them tomorrow.

wazza24

hi had this template letter, hope its of use. i think it was supplied by weller :T



DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

ACCOUNT NUMBER: *******************

I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.
As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,

oasisfeverish

Update:

Defence has been filed, now a awaiting game to see if Cabot are able to do anything, which I'm sure they can't otherwise there would of provided the correct documentation within the 12+2 rule.

rog2

oasisfeverish wrote: »

Update:

Defence has been filed, now a awaiting game to see if Cabot are able to do anything, which I'm sure they can't otherwise there would of provided the correct documentation within the 12+2 rule.

I'm sure you'll be okay, of - but good luck anyway.

Larumbelle

Have read this with interest, just wanted to wish you good luck and congratulate you on sticking to your guns.

Hippocampus

The reason they return the £1 fee is because I challenged their right to the money if, as they are fond of stating, the CCA doesn't apply to them.

I do often wonder where all the £1 fees they've kept hold of have disappeared to though. Personally, I think they should send a cheque for £1 to every person that has ever requested a copy of their agreement from them.

They can't have it both ways.