GDPR Cookie Consent by SimpleServe Privacy Script Cabot referral to solicitor in 1m - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

Cabot referral to solicitor in 1m

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • ca71
    replied
    I think it is fair to say that irrespective of what the actual position is, they are very unlikely to leave you alone. Even if/when the debts are unenforceable or statute barred, they'll still write inviting you to pay.

    Leave a comment:


  • Yellow33
    replied
    Question.... if a did a CCA request now is it possible they would acknowledge the debt as unenforceable and leave me alone. I know from the DSAR there is no credit agreement?

    I appreciate everyone's advice, I just read quite a few diaries last night and see people doing CCAs much earlier on??

    Leave a comment:


  • Yellow33
    replied
    Thank you all for your comments.

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

    their partner solicitor is scottish, hence why I guess they are being referred to. Although equivo are national so confused.

    My debt will be timd barred in Scotland in November this year.... Guess I'm not going to have that card to play guessing on the recent speed of activity!

    I will wait now and see what happens next.

    Leave a comment:


  • Roger
    replied
    In the DSAR does it say who was Assigned the Debt? Does it show any communication between Virgin and Cabot.

    Actually if they did send you a Letter Before Claim talk to Colin G Quinn

    it would probably be better if you asked them nothing other than ticked to dispute.


    Cabot Financial Europe May have been writing to you BUT WHO was the Debt Assigned to because CABOT may well have Assignment issues.
    Also ".. their comment that the agreement I had with cabot is now terminated .." BUT who and which CABOT even more Assignment issues

    As you now know from the DSAR No CCA . Why would you tell them that?

    We have all been where you are Now! BUT its for the Claimant to Prove! So why do their work for them?
    I was once threatened with Bankruptcy! It came to NOTHING. Had a fierce battle with PRA but had made precisely this mistake of engaging in ping pong legal letters! @Joanna won that one for me and my family!

    Right now you have the perfect defence in that DSAR you have come a long way from when you started. That CABOT assignment issue does need your investigation because it may be that they have no right to SUE you!

    Patience and they are the ones who should be Stressed!

    Leave a comment:


  • The Tech Clerk
    replied
    also Statute barred near if scotland or longer england /wales. took them a long time to action??????? ummmmmmm trying it on??

    Leave a comment:


  • The Tech Clerk
    replied
    CCA 1974 you state 2009 took out no doubt on line with a "X"? as that constitutes agreement?

    Leave a comment:


  • Still Waving
    replied
    "I do not own my home. I am now married and my husband has a home... nothing with my name attached."

    An Inhibition is an order preventing you from disposing of something (eg a house). Since YOU don't own it, it's an empty threat.

    Leave a comment:


  • Still Waving
    replied
    Originally posted by Yellow33 View Post

    So for clarification when they pass to their solicitors and if they intend to take to court they have to send me a formal letter before claim. At that point, if it happens, I would send a CCA request. The purpose of which is to push them to get documents from the credit agreement which they presumably would need for the case. This includes a signed credit agreement, which I know does not exist from my DSAR request.


    The stress makes you want to pay to make them go away. If they did win a case, can you pay in instalments? I can't afford a lump sum or large instalments!

    Thank uou again and sorry for all the questions
    If you do get a Letter Before Claim, check here before sending a CCA request. You already know they can't get a bona fide copy agreement.

    You will always have the opportunity to pay by instalments.



    Leave a comment:


  • Yellow33
    replied
    Originally posted by Still Waving View Post
    "Consequently your agreement with our client has been terminated" Did you ever have a payment agreement with Cabot?

    "we will instruct our partner solicitors, shoosmiths, to commence court proceedings" A solicitor instructing a solicitor?

    "which may include an application for an inhibition against you..." Do you own your dwelling? They are using some unusual terminology here (possibly calculated to frighten you).

    EDIT: I'm a natural worrier myself, but the immense help I received from AAD took much of the stress away. Take note of what the Tech Clerk says.
    Thank you .... I appreciate sll of upur advice.

    I have never had a payment agreement or responded yo any communication from cabot.

    Yes, my thoughts too. The new solicitor zcting on behalf of equivo who act on behalf of cabot who bought the debt from virgin! Czbot referred the case to ewuivo as their solicitors!

    I do not own my home. I am now married and my husband has a home... nothing with my name attached.

    Leave a comment:


  • Yellow33
    replied
    Thank uyou for your advice, I really appreciate it.

    So for clarification when they pass to their solicitors and if they intend to take to court they have to send me a formal letter before claim. At that point, if it happens, I would send a CCA request. The purpose of which is to push them to get documents from the credit agreement which they presumably would need for the case. This includes a signed credit agreement, which I know does not exist from my DSAR request.

    I assume it is likely in my case they will go for court action. Although the letter are still pimped up begging letter! I also liked their comment that the agreement I had with cabot is now terminated, I have never had any agreement with cabot! Also any comment on why a third solicitor is being referred to. Both cabot and equivo have their own in house teams?

    The stress makes you want to pay to make them go away. If they did win a case, can you pay in instalments? I can't afford a lump sum or large instalments!

    Thank uou again and sorry for all the questions

    Leave a comment:


  • Still Waving
    replied
    "Consequently your agreement with our client has been terminated" Did you ever have a payment agreement with Cabot?

    "we will instruct our partner solicitors, shoosmiths, to commence court proceedings" A solicitor instructing a solicitor?

    "which may include an application for an inhibition against you..." Do you own your dwelling? They are using some unusual terminology here (possibly calculated to frighten you).

    EDIT: I'm a natural worrier myself, but the immense help I received from AAD took much of the stress away. Take note of what the Tech Clerk says.
    Last edited by Still Waving; 14 July 2022, 11:27.

    Leave a comment:


  • The Tech Clerk
    replied
    A letter before action (also known as a 'letter of claim' or 'letter before claim') is the first step in a formal debt recovery process. It is a notice sent out by a creditor's solicitor to let the debtor know that the creditor is planning to take legal action against them.

    Leave a comment:


  • The Tech Clerk
    replied
    that is what I suggested above. they have to follow regulation/proceedures. only then you may be advised to request items.

    Leave a comment:


  • Yellow33
    replied
    Do they have to send you a letter before action? I am concerned that the next I hear is a Court summons. I am finding this all extremely stressful!

    Leave a comment:


  • The Tech Clerk
    replied
    calm down they want you to panic! you have not had an official letter before action 5 pages. they are in threatogram stage,, if they want to they may start proceedings in the hope you cave in (most people do). so nothing official yet,
    Last edited by The Tech Clerk; 14 July 2022, 11:04.

    Leave a comment:

Working...
X