Cabot referral to solicitor in 1m

[Yellow33]

Hi

You said on 20 July you were going to send a CCA74 request. Did you do it, and have you had any response?

No, my solicitor told me to do nothing at this stage, just wait.

[Still Waving]

Hi

You said on 20 July you were going to send a CCA74 request. Did you do it, and have you had any response?

[Yellow33]

Just popping in to catch up on the forum. It's been quite a few weeks now and I am basically just waiting on court papers, assuming they progress as advised. I am feeling calm as I know I have a lawyer on standby. I do worry about papers going lost in post and not being able to defend. Does anyone know if they come recorded deliver?

So all quiet for now, keep you updated.

[Still Waving]

I have found flex law scottish lawyers who specialise in defending cases against DCA including cabot.

That's good.

[Yellow33]

I have found flex law scottish lawyers who specialise in defending cases against DCA including cabot.

[Yellow33]

Consumer Credit Act request under sections 77, 78 and 79
You should be sent a ‘true copy’ of your agreement that is easy to read and a statement of your account signed by your creditor. The ‘true copy’ must contain all the terms and conditions from your original agreement, information about any changes made to the agreement and your name and address at the time that you took out the agreement. It does not have to include a signature box, signature or the date of signature from your original agreement.

The statement of account should be signed by the creditor and tell you:

how much you have paid (if you borrowed a fixed amount);

how much you still owe; and

what you still have to pay and when.

I will do my CCA request but would still be interested to get a view on the 'credit agreement' I have and if this is likley to meet requirements. Emails circulated last week. I

[Yellow33]

They don't know of any other solicitors fighting cabot uk as they do...

[Yellow33]

Yes if the terms and conditions were English. But there are non on file

[Still Waving]

20/7/22 JCS cannot act for me in Scotland. If the terms and conditions referred to English law they could request the case be transfered to a Scottish court and act for me. No terms and conditions in my DSAR.

Transferred to an English court ??

[Yellow33]

So, feeling pretty hopless again. JCS do not know of any other solicitors who can help. I will do the CCA anyway to buy time and hope that uncovers something which would make a case. I will also try to find a local solicitor which specialises in this type of case.

[Yellow33]

Type of account - credit card Date commenced - 2009?
Approx balance - £13000
Date last paid - november 2017
Are you on arrangement or not paying - no arrangement, not paying
Account owner - cabot financial europe

13/5/22: letter from czbot, we will pass your case to our solicitors in 1 month.

20/5/22: letter from cabot, we will pass your case to our solicitor in 21 days

27/5/22: letter from cabot, we will pass your case to our solicitors is 14 days

3/6/22: letter from cabot, we will pass your case to our solicitors in 7 days.

6/22: DSAR received from virgin. No credit agreement. Letters advising missed payments, monthly statements and default notice only.

23/6/22: Letter from cabot,. We have tried to contact you to discuss your account... we are referring upur account to equivo solicitors scotland. They will want to speak to you within the next 7 days where they will review your situation and help arrange the most suitable solution based on your circumstances.

29/6/22 letter from equivo. We are a firm of solicitors and have been instructed to contact uouvto agree how the sum outstanding from you will be paid. Please call us ... may accept a lump sum or regular installments...

no deadline for contacting thrm and no mention of legal action.

10/7/22 letter from eqivio. We have wrote to you znd telephoned you but have been unable to make contact with you. We are keen to find a suitable solution....we may be able to accept a partial settlement etc etc.. if you do not contact us we may be instructed by our client to issue court proceedings against you wich will include z claim for costs .if a decree is obtained we may be instructed to enforce etc etc.

12/7/22 letter from equivo

Our client has advised us that you have not repaid the sums due in respect of the above account. Consequently your agreement with our client has been terminated, which means the balance outstanding as detailed above is due and our client now requires your proposals for payment.

Please therefore treat this letter as notice that, unless an arrangement is reached withing 14 days, we will instruct our partner solicitors, shoosmiths, to commence court proceedings against you for recovery of the sums outstanding. Please note that should you not respond, no further notification of the court proceedings will be given to you.

This means that shoesmiths may makmay application to the court to have a decree registered against you.....if a decree is obtained then shoesmiths may be instructed to enforce that decree which may include an application for an inhibition against you...

Rather than issue court proceedings our client would prefer to find a suitable solution.....

20/7/22 JCS cannot act for me in Scotland. If the terms and conditions referred to English law they could request the case be transfered to a Scottish court and act for me. No terms and conditions in my DSAR.

[Yellow33]

As always, thank you

[The Tech Clerk]

JCS have connections around UK if needed. through JCS.

[Still Waving]

Not yet. I will wait to hear from them.

Notwithstanding what comes through on the CCA, I now know it is cabot uk which is fightable but I would need legal representation if/ when the time comes.

I suggest that you need to be a bit more proactive in contacting JCS. It is, after all, your position which is at stake. You could try contacting here - gerry@joannaconnollysolicitors.co.uk and linking to this thread.

[Yellow33]

Not yet. I will wait to hear from them.

Notwithstanding what comes through on the CCA, I now know it is cabot uk which is fightable but I would need legal representation if/ when the time comes.