Cabot referral to solicitor in 1m

[The Tech Clerk]

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

[The Tech Clerk]

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

[Roger]

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!

[Yellow33]

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.

[Yellow33]

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??

[ca71]

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.

[Yellow33]

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

[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]

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.

[The Tech Clerk]

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

[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.

[Still Waving]

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

[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.

[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.

[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.