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  • Help Needed please submitting Defence against Cabot

    Hello people
    This is my first post here and I come with cap in hand hoping that someone out there can help me?

    I will try and keep it brief and to the point
    • Husband took a credit card out with Citi - not sure of exact date but know for a fact it was more than 14 years ago
    • In August 2009 we hit financial difficulties and at the same time I did a CCA request to Citi
    • Never heard anything, but received letters from HL Legal & Collections and Collect Direct (UK)
    • In May 2010 I finally received a reply from Citi (9 months later) which said they were sending a 'true copy' of the agreement with Citi - This included "a copy of the original terms and conditions applicable at the time of application - although no signature boxes" along with a copy of current terms and conditions - It stated the outstanding balance as being £16009.05
    • Fast forward on and we received a letter in about Sept 2010 saying that the debt had been sold on to Cabot (we had moved house in the meantime and only received this letter because our postal re-direction was still in place)
    • Finally, last week, we receive a County Court Claim from Cabot - we only received this because the person now living in our old house forwarded it on - We received it 12 days after issue - I immediately did an acknowledgement of service online and don't know what to do next


    The Particulars of claim amount to one small paragraph - there is no supporting evidence and the amount is not even correct - It also says that despite 'demands for payment - we have not responded' - We have had no contact with Cabot at all

    Please can someone help me - my husband is not in a position to deal with this at the moment and so it is down to me - Thank you

  • #2
    Re: Help Needed please submitting Defence against Cabot

    Oh dear, not a good start - I think I have posted in the wrong place, please could it be moved to the Legal thread - thanks

    Comment


    • #3
      Re: Help Needed please submitting Defence against Cabot

      Hiya & welcome

      You've posted in the right place, however Never-In-Doubt(Niddy) may decide to move it later. He'll answer as soon as he can.

      Comment


      • #4
        Re: Help Needed please submitting Defence against Cabot

        Hi, Do you have the agreement that they sent you? and is it in digital format (i.e scanned so you can upload it here etc?)

        Comment


        • #5
          Re: Help Needed please submitting Defence against Cabot

          Hello
          Thanks for your replies
          I do have a scanner at home but I am not sure how to upload it to here - plus the current terms and conditions are 14 pages long and the original terms and conditions about 8 pages long - there is also a covering letter
          What shall I do?

          Comment


          • #6
            Re: Help Needed please submitting Defence against Cabot

            Originally posted by MissOptimistic View Post
            Hello
            Thanks for your replies
            I do have a scanner at home but I am not sure how to upload it to here - plus the current terms and conditions are 14 pages long and the original terms and conditions about 8 pages long - there is also a covering letter
            What shall I do?
            Ah, if it's just terms & conditions i doubt Niddy would need to see that.

            Just wait to see what he says.

            Comment


            • #7
              Re: Help Needed please submitting Defence against Cabot

              Originally posted by MissOptimistic View Post
              Hello people
              This is my first post here and I come with cap in hand hoping that someone out there can help me?

              I will try and keep it brief and to the point
              • Husband took a credit card out with Citi - not sure of exact date but know for a fact it was more than 14 years ago
              • In August 2009 we hit financial difficulties and at the same time I did a CCA request to Citi
              • Never heard anything, but received letters from HL Legal & Collections and Collect Direct (UK)
              • In May 2010 I finally received a reply from Citi (9 months later) which said they were sending a 'true copy' of the agreement with Citi - This included "a copy of the original terms and conditions applicable at the time of application - although no signature boxes" along with a copy of current terms and conditions - It stated the outstanding balance as being £16009.05
              • Fast forward on and we received a letter in about Sept 2010 saying that the debt had been sold on to Cabot (we had moved house in the meantime and only received this letter because our postal re-direction was still in place)
              • Finally, last week, we receive a County Court Claim from Cabot - we only received this because the person now living in our old house forwarded it on - We received it 12 days after issue - I immediately did an acknowledgement of service online and don't know what to do next


              The Particulars of claim amount to one small paragraph - there is no supporting evidence and the amount is not even correct - It also says that despite 'demands for payment - we have not responded' - We have had no contact with Cabot at all

              Please can someone help me - my husband is not in a position to deal with this at the moment and so it is down to me - Thank you
              Hiya & Welcome

              Can you please send me a copy of the front sheet of the POC (page 1 of N1 claim form) and also a copy of the CCA (not interested in terms); a copy of the default and termination notice and also provide the following:
              • Date of Default
              • Date DN received by you
              • Date of Termination
              • Date TN received by you

              Thanks - to send me the documents, scan them in and send me the whole page (don't blank bits out, you can quite trust me!) then click the link below

              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment


              • #8
                Re: Help Needed please submitting Defence against Cabot

                Originally posted by MissOptimistic View Post
                Oh dear, not a good start - I think I have posted in the wrong place, please could it be moved to the Legal thread - thanks
                Already moved - same thread ID just in a new section.

                Niddy
                :niddy
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • #9
                  Re: Help Needed please submitting Defence against Cabot

                  Just checking whether you received my paperwork and what you make of it?

                  Thank you

                  Comment


                  • #10
                    Re: Help Needed please submitting Defence against Cabot

                    Originally posted by MissOptimistic View Post
                    Just checking whether you received my paperwork and what you make of it?

                    Thank you
                    Nothing received as of yet? Can you please try and resend quoting your username in the subject line so I know it is from you...

                    Thanks
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • #11
                      Re: Help Needed please submitting Defence against Cabot

                      Hiya

                      Just need to see the termination notice and the CCA documents/cover letter etc that you got with the CCA Request. You may be best speaking to our preferred solicitor - as they'll ask for the same details.... let me know if this is something you'd consider and i'll send you the details via PM.

                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment

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