CCA response from Cabot

[alianza]

update. letter off Cabot today , as i have not responded to their attempts (the many letters and the many robot voiced voicemails) to contact me they are referring the account to Mortimer Clarke. They will try to contact me within the next 7 days or i can call them on a number given. I won't be answering any unknown caller calls on my phone and i won't be phoning them. Will await their next move and act upon any advice from here.

all the best
alianza

[Roger]

If Cabot decide to take court action they will instruct solicitors typically Mortimer Clarke, Restons or Shoosmiths. If you receive a letter from any of those (or any other law firm) post on your thread to get guidance on the next step.

Sometimes if you make an offer to settle the debt purchaser sees it as a sign on weakness or admission of the debt so may issue a claim anyway to get the certainty of a CCJ.

Do the research (a SAR to Lloyds) to get the history of the account and we'll take it from there.

Do you live in England and Wales or Scotland?

Try to enjoy the rest of your weekend

Di

I would wait and see what happens next! Contacting Cabot could act against your interests here!.
NOTE Di's comment " ..

Sometimes if you make an offer to settle the debt purchaser sees it as a sign on weakness or admission of the debt so may issue a claim anyway to get the certainty of a CCJ. .."
There are new guidelines before a claim can be issued! The Letter Before Claim (LBC)

[alianza]

Uppdate. Re the SAR i have had a statement of an old personal loan that was finished years ago, a letter saying they calculated something wrong when one of my accounts was closed and i should be getting a cheque for £79 soon and a letter asking me to tick what aspects of data i want to help them look for things but if i ignore it i will get everything anyway so i just filed that one or should i send it back and tick all the boxes?

Re the Cabot debt i have started getting voicemails left by mortimer clarke (number set to auto reject) and I have received a pack of paper from them today, first sheet -we need your attention potential legal action, 2nd sheet they really need to talk to me etc if i do not contact them withtin 30 days cabot may ask to issue court proceedings. 3rd sheet some q and a about the claim and here it says if i do not respond by 23rd november they will issue court proceedings unless cabot instructs otherwise. (a contradiction of earlier sheet....)another sheet with how to pay details and a reply form with boxes to fill in about do i owe the debt who i am getting advice from etc and a sheet to fill in my financial income outgoings etc and a sheet from cabot with details of the account on them , this says account opening balance on date 16/4/2016 i will need to check that date with other documents later. Again i would like some advice as to whether to respond to this or just wait and see what their next step is.

thx in advance

Alianza

[Roger]

pm Di

[nightwatch]

pm Di

Don't panic if she doesn't reply straight away, she is very busy this week, but tries to pop in when she can.

You have untill the end of November before you need to return the papers,

[The Tech Clerk]

Di is very busy this week probably hear weekend or next week

[The Tech Clerk]

do not spurge her mailbox as it is pretty full at the moment

[cymruambyth]

Hi, don’t panic over this but you do need to reply but much closer to the reply by date. Regardless of your reply they may issue a claim, but you will get help. This is a game of chess as you need to ask for some information, but not too much - if they haven’t got all the required documents they may not be able to proceed. Di is away this week but will hopefully see this post when she is back.

[Warwick65]

Hi
From what you describe it really does sound like a letter of claim however you do have until 23rd Nov (according to what you have said) to reply. I will read back and see if I have any suggestions although as with all things there are alternate points of view and every case is individual.

[Warwick65]

Is this the 17K debt?

If so I really would wait and speak to Di because if they do litigate I am sure you will be using Jo to represent you or at least sort it out. There may be ways of heading them off though

[alianza]

Thanks for the replies, i will be patient and await advice from people who are away/busy at moment . The letter has to be returned by 23rd November so that gives a couple of weeks anyway. I had another letter off lloyds today in response to my SAR request. Not the data i asked for but another letter saying sorry they miscalculated things and didnt take into account circumstances etc and i am due a refund of £178.59. Nice but then they say they have applied the refund to my account with cabot... is that a correct procedure, i guess i can wait and see if cabot amend the amount they are claiming. alianza

[Roger]

Well as regards that refund from Lloyds it has consequences

Please look here at Jo's comment https://all-about-debt.co.uk/forum/d...t-hokker-acc-1

[alianza]

That is interesting, i won't do anything just yet until advised to. just a question if lloyds pay that money to cabot does it restart the statute barred countdown or not? or is it more a case of lloyds just telling cabot that the debt they sold on that was a 17k debt was actually a 16.8 k debt and cabot just accepting it, does money change hands when they adjust this? just shows what putting in a SAR request does though as one of those accounts was closed years ago yet they sent me a cheque for 79 pounds which i got today. alianza

[Roger]

Lloyds own you NOT Cabot the money!
Write as Jo suggested. There are imprications which are best left to Di

[cymruambyth]

LLoyds have no right to pay any money to Cabot; when they assigned the debt they assigned all rights. If they still owned the account they could have offset the money against this, but they have no right to pay your money to someone else. I am not sure as to the implications if you accept the money as this could reset the SB clock.