CCA response from Cabot

[cymruambyth]

Hi, you need to reply to the letter of claim. As I said earlier you need to respond without requesting too much information. Your best action is to tick box d and state that the debt is in dispute due to non compliance with your CCA request.
Good luck

[Warwick65]

I would say that without us actually seeing the deed of assignment it is impossible for anyone to say exactly who Lloyds owe any money to. There have certainly been cases where refunds have been used to offset against a debt once it has been sold (I think the usual way is for the OC to buy back a portion of the debt at the rate they paid for it)

You do need to think about responding now quickly

If I have read this correctly it is a large amount of money and you will most likely get a claim- I hope I am wrong

What you do now may have implications

The response that the debt is denied due to non compliance with a S77-79 request may hold them off for a while

[Warwick65]

Just to add, I am assuming there has been a S77-79 request sent- a brief scan back over the posts doesn't make it clear to me but it is quite possible I have missed it.

If this is the one Niddy said was good? Without knowing more it is difficult to comment but there is more to fighting a claim than just the agreement

[alianza]

yes i did send a cca request and got a reply that they would send it to me when the original creditor supplied them with it and many months later when i had forgotten about it i had a huge wad of papers through the door and yes Niddy said that it was good..need to send this back by 23rd November so getting close now...

[Roger]

Your diary information is scattered which means having to dig for information.
The Owner is

CABOT FINANCIAL UK LIMITED which could create Assignment problems!!

In the absence of other advice this is what I would enter on the Letter Before Claim.

I would also send a Missing P/T's letter to Cabot reference the CCA S.77/78 you have received. The S.77/78 is for Information purposes NOT Proof!!
Send a copy of that Missing P/T's back with the Letter Before Claim !!

Letter Before Claim
Dispute the Debt.
Ask for
1/ ORIGINAL Credit Agreement
2/ Default Notice
3/ Termination Notice
4/ Notice Of Assignment
5/ Deed Of Assignment



You will need a GDPR report but request this after you have sent of the LBC (so that you can see what correspondence has taken place between the Original Creditor and Cabot.

[cymruambyth]

I’m sorry but I would not ask for all the documents. If there is a claim they have 14 days following a CPR to supply them; they often don’t have all the paperwork to support a claim and it can take longer than 14 days for them to get it. If you just dispute the CCA then you are giving a reason but not letting them know that you are aware of what is required and for them to try and obtain the paperwork.

[Roger]

I’m sorry but I would not ask for all the documents. If there is a claim they have 14 days following a CPR to supply them; they often don’t have all the paperwork to support a claim and it can take longer than 14 days for them to get it. If you just dispute the CCA then you are giving a reason but not letting them know that you are aware of what is required and for them to try and obtain the paperwork.

Its tactics and cymruambyth is I think sensible at this stage! The Missing P/T's (the EN or UE is an opinion!!) is a good tactic here and it obviously took them quite a time to get the CCA in the first place! In this Case timing will be important so send the LBC at the same time as the Missing P/T's (to Cabot)
Tick dispute
Reason as per copy of attached (Copy of the Missing P/T's letter - no need to go into details let them fathom out from the letter!)

[cymruambyth]

I don’t think that you need to send the letter, just say that the debt is in dispute due to non compliance of the CCA request. Make them work and don’t give them help.

[Roger]

As requested last year I am going to put each debt on a separate thread. I will leave the others until i hear from them (have been very quiet for a year so will ignore them until they write again). This thread is about a lloyds bank debt passed onto cabot.

jan 2009 my wife (had been married 12 years) had paid for a flat abroad on credit cards but was in serious trouble as interest too high and. persuaded me to take out loan in my name to clear them and she would pay the loan off with income from the flat. yes this seems incredibly stupid but i did it .....

arrangement went well at start however

2012 she moved out and went to live with her new man and decided to stop paying the loan. Lloyds bank came after me for £17082....Obviously i couldnt pay and with all the stress of the divorce i entered into a DMP with this debt and 3 others, paying £50 a month towards all 4.this carried on for a few years.

late 2016 my DMP stopped as the company providing the service said they would no longer do this type of work. I started to apply with another company but decided to be brave and have a go at self managing after discovering this site.

3rd Feb 2017 Cabot sent a letter telling me my company is no longer sending them money and to contact them about the debt which is £16797.18 at this point.

10 th Feb 2017 I sent a letter asking them to send a copy of the credit agreement etc under CCA 1974 77-79 using a template

21st Feb 2017 letter from Cabot saying do not have the info, writing to original lender etc, account will be temporarily unenforceable hope to have info within 40 days if unable to they will write to me again (they didnt...)

well I heard nothing for over a year then
6th june 2018 Received a bundle of papers from cabot, cover letter saying enclosed is relevant info, consider now enforceable, entitled to county court judgement but prefer i work with them to settle balance. then loads of copies of what looks like the credit agreement and statements of balances etc.
can you tell me where to email copies of these documents to so someone can tell me if it is enforceable or not and a plan of action.

Niddy responded and said the papers Cabot sent are good. After almost a year and a half of nothing they sent these and now I am getting the letters in the post, voicemails, text messages etc. Does anyone have any suggestions what to do next. Is this all Cabot do and i can safely ignore until statute barred (another 3 and a half years away....) or will they get increasingly aggressive and threaten and take court action in which case i probably need to do some payments and try to get a final settlement figure off them. i have saved up a bit during the time I wasnt paying them, has anyone an idea of what figure cabot might accept after a bit of haggling on a 17k debt?

I don’t think that you need to send the letter, just say that the debt is in dispute due to non compliance of the CCA request. Make them work and don’t give them help.

So the problem is they did send a CCA that Niddy said was Good!
The Missing P/T's Letter (to CABOT) does answer (initially) the LBC WITH copy of (CABOT'S) Missing P/t's letter!

[Joanna Connolly Solicitors]

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.

Have you replied to what appears to have been a Letter Before Claim which you received from Mortimer Clarke solicitors with a deadline of 23rd November?

I can see a variety of advice and opinion posted on your thread.

Who is the current owner of this debt? Is it Cabot Financial Ltd or Cabot Financial (UK) Ltd. It matters.

Di

[alianza]

I did reply with have not complied with the cca request and that was posted first class recorded early last week so they would have had it by the deadline.

The letter states the current owner as cabot financial uk limited.

when my dmp stopped due to the company no longer offering the service was when lloyds bank sold it on, i did have a piece of paper with the current balances on for all my debts and that one states cabot financial europe ltd as the creditor name although that is the only piece of paper i have with that name on, everything from cabot states cabot financial uk limited

thanks for looking at my thread, alianza

[Joanna Connolly Solicitors]

I did reply with have not complied with the cca request and that was posted first class recorded early last week so they would have had it by the deadline.

The letter states the current owner as cabot financial uk limited.

That's good to hear (you didn't miss the deadline).

It's also good that you didn't ask Mortimer Clarke solicitors to produce the Default Notice etc otherwise they might go away for a few months and then return with all the documents they need, or reconstituted ones, and then issue a claim having got all their ducks in a row.

It's also good that you didn't tell them the credit agreement which they sent was "missing prescribed term"s because from what you've posted on the forum it wasn't (missing prescribed terms) so you don't want to look silly.

Just because your credit agreement was deemed "good" by Niddy that doesn't mean they've got everything else right to make the debt enforceable in court.

They'll have to deal with the issue of Cabot Financial (UK) Ltd not being authorised by the FCA amongst other potential problems.

Di

[alianza]

Had a pretty strange reply off Mortimer Clarke today.
It states about the loan was entered into in 2009, terminated 2012 , agreement number then assigned to Cabot financial (UK) ltd.

Then it notes that i state that they failed to respond to a CCA request however they had not previously received a request for documents. Bizarre as I sent Cabot a request in 2017 and they wrote back about it, took their time to find it and sent me what they had received from lloyds in june 2018....

Then the letter goes on please find enclosed a copy of the Notice of Assignment and a copy of the credit agreement which you signed. I have looked everywhere in the envelope but if these were sent they are invisible....

It continues by asking me if i require any further documentation to ask and explain why i need it.

and then finished by asking me if i now recognise the debt to fill in a IE form and they await my response.

Do i respond to this or do i just await their response to my lack of response? Do i need to point out they didn't include the notice of assignment and credit agreement as i am worried they could point to this letter and claim i received them when i didn't or does it just not matter.

Alianza

[The Tech Clerk]

fill in no form I&E = shows how dysfunctional that office is - see what they send next unless anybody differs??

sounds so familiar with M. C never tell them at this stage their mistakes, you do not want them to find and supply bye the way what did lloyds end previously

[The Tech Clerk]

did you keep copy of the original CCA request to Crackpots oopppsss Cabot?