Cabot referral to solicitor in 1m

[Still Waving]

Needs Colin G Quinn to comment possibly

I think so.

[The Tech Clerk]

Needs Colin G Quinn to comment possibly

[Roger]

You quote from the DSAR

There was no credit agreement, even with an x, which came with my DSAR.

What was the Date of the default Notice entry in the DSAR?


" .. I have looked at the documentation and on the list of recorded customer coments and activities it states on 06/08/18 cabot credit management. Then 07/08/18 closed status, sold to member. .."

Your Diary shows ".. cabot financial europe .." who I presume have been writing to you!

The DSAR ".. cabot credit managment.."

But sold to member !!!!
NOW this is really important WHICH CABOT MEMBER COMPANY WAS ASSIGNED THIS DEBT!
Cabot normally show the Assigned MEMBER on their correspondence!!

As for CABOT See here https://all-about-debt.co.uk/forum/f...abot#post33536
The latest entries in this Blog are Dec 2021 https://all-about-debt.co.uk/forum/f...97#post1543297

[Still Waving]

Take note:-Scotland currently has no mandatory pre-action protocol procedures, it has been said on searching.

That could affect the OP then.

[The Tech Clerk]

Take note:-Scotland currently has no mandatory pre-action protocol procedures, it has been said on searching.

[The Tech Clerk]

• read the Simple Procedure rules on the Scottish courts website might help

[Still Waving]

Two separate pre-action protocols currently operate in Scotland for personal injury claims (excluding disease and clinical negligence). A Voluntary Pre-Action Protocol applies to personal injury claims with a value of up to £10,000 for incidents occurring before 28 November 2016.

Yep, I found that bit, but no specific mention of debt protocols. National Debtline says advice for Scotland is different, but I couldn't see what that advice was.

[The Tech Clerk]

The Pre-Action Protocol for Debt Claims (in force from 1 October 2017) applies where a business (including a sole trader or public body) is claiming payment of a debt from an individual (including a sole trader). It does not apply to business-to-business debts unless the debtor is a sole trader.

[The Tech Clerk]

Two separate pre-action protocols currently operate in Scotland for personal injury claims (excluding disease and clinical negligence). A Voluntary Pre-Action Protocol applies to personal injury claims with a value of up to £10,000 for incidents occurring before 28 November 2016.

[Still Waving]

Are the Pre-Action Protocols the same in Scotland? Anybody?

[Still Waving]

Looked back though my DSAR documentation, and I think there may be a CCA. No signature but there is document with my name and address, interest rates etc. Is there anyone here who can look at it to give me a view? If it is then my only play would to try and get to november for statute barred, but that's looking unlikely given the speed of recent letters. If I requested a CCA they knight take so long I get past november or do I just pay.

Any advice would be appreciated.

Sit tight - see what they send next. If there is an agreement, they are not going to take 4 months to produce it if you request it. In any case, an agreement or lack of is not the only criterion to determine enforceability. As Cabot are involved there could be other issues. JC Solicitors could offer an opinion when the time comes.

[The Tech Clerk]

send actual copy of to:- webmaster@all-about-debt.co.uk refer to this thread for checking

[Yellow33]

Looked back though my DSAR documentation, and I think there may be a CCA. No signature but there is document with my name and address, interest rates etc. Is there anyone here who can look at it to give me a view? If it is then my only play would to try and get to november for statute barred, but that's looking unlikely given the speed of recent letters. If I requested a CCA they knight take so long I get past november or do I just pay.

Any advice would be appreciated.

[Still Waving]

But they shouldn't try to take me to court?

Not if they have acknowledged that it's unenforceable. However some creditors don't acknowledge willingly, and don't take an individual's word that it is. If they think that a debtor is ignorant of the law, they may chance it. That's why it's always best to seek advice here before jumping in with any action.

Only a court can rule that a debt is unenforceable.

[Yellow33]

But they shouldn't try to take me to court?