Alison's UE Diary

[RhodriMawr]

Thanks. The history of the debt is in the first post of this thread. My partner considered contacting Cabot tomorrow to hopefully prevent a CCJ and the associated costs.

[RhodriMawr]

Can anybody confirm what additional charges are likely to be added for court costs? Presuming a CCJ is lodged tomorrow.

[MisterK]

Hi RM. If this were me I'd be careful about doing anything too hasty, especially as the advice will rarely include having a telephone conversation with the creditor.

Why don't you send a PM to Di Mayhew, she might say that phoning them is the best thing to do but my gut feeling is that she may well have other suggestions that would be better for you. I know it's a Sunday but I think she's pretty dedicated.

[The Tech Clerk]

Diana Mayhew

[The Tech Clerk]

Can anybody confirm what additional charges are likely to be added for court costs? Presuming a CCJ is lodged tomorrow.

stop panicking await Diana M

[Joanna Connolly Solicitors]

The history of the debt is in the first post of this thread. My partner considered contacting Cabot tomorrow to hopefully prevent a CCJ and the associated costs.

Good Evening Alison's Partner

The history in post #1 is brief and does not address any default/termination/assignment issues. These matter.

I gave you my thoughts on how to react to the LBC in post # 15.

It's up to you (or more importantly Alison) to decide your/her next step.

I hinted at problems Cabot Financial (UK) Ltd may have if they want to progress this to court.

If a claim is issued then you/your partner will have 33 days from the claim issue date to file a Defence (an Acknowledgement of service must be filed within 19 days of the claim issue date first).

Once you/your partner has filed a defence the Claimant will have 28 days to decide whether they want to continue with the proceedings.

If they don't advise MCOL of their intentions the claim will automatically be stayed (a pause button).

If they do decide to continue you/your partner will be sent Directions Questionnaire by MCOL where you will be offered the opportunity to settle this by free telephone Mediation.

If you're worried about anything please feel free to contact me using the.email address in my signature below this post.

Di

It's difficult to comment since I can't see any history for this debt on the thread apart from the fact that Cabot have recently sent you a credit agreement which has been deemed enforceable.

I'm also not sure what letters you've printed and sent.

Mortimer Clarke solicitors are likely to issue a claim unless they get a response to their LBC so send back the form ticking Box D to say that you dispute the debt giving non compliance with s 77 -79 CCA as the reason.

Then go to Box I (where you can request documents) and ask for the Default Notice, the Notice of Assignment and the Deed of Assignment between RBS and Cabot Financial (UK) Ltd. I have a reason for stressing the importance of asking for this.

[RhodriMawr]

Thanks to everybody for their responses. Diana - Unfortunately we do not have the answers to default/ termination/ assignment dates, but have followed your advice in post #15. Will update on any further news.

[Roger]

Thanks to everybody for their responses. Diana - Unfortunately we do not have the answers to default/ termination/ assignment dates, but have followed your advice in post #15. Will update on any further news.

WHICH IS WHY YOU ARE ASKING CABOT THROUGH MORTIMER CLARKE!!
It is for CABOT to produce and provide these Documents!
Simply follow Di's advice here because actually your partner is falsely thinking that CABOT are reasonable. They are NOT they will fleece you for every penny that they think they can get out off you.

[Joanna Connolly Solicitors]

Diana - Unfortunately we do not have the answers to default/ termination/ assignment dates.

Let's hope Cabot don't have the answers either

Di

[RhodriMawr]

July 2^nd - SAR under GDPR sent to RBS
July 2^nd – Missing P/T’s letter sent to Cabot
July 2^nd – Letter Before Claim form returned to Mortimer Clarke Solicitors disputing the debt and stating non-compliance with s 77 -79 CCA as the reason. Also requested copies of Default Notice, the Notice of Assignment and the Deed of Assignment between RBS and Cabot Financial (UK) Ltd.
July 10^th – Reply from RBS requesting further information to enable them to process the request.
July 14^th – Response sent to RBS with account numbers as requested.
July 16^th - CD received from Cabot in response to SAR request we had made on June 23^rd.
July 23^rd -Letter received from Cabot in response to my missing P/T’s letter, stating that they are satisfied they have complied with my request for information under S77-79 OF THE Consumer Credit Act 1974 and that the account is enforceable, and they will not respond to any further correspondence of this nature. “Therefore, please contact Mortimer Clarke Solicitors to discuss your options”.
July 25^th - Letter Before Claim and questionnaire received from Mortimer Clarke Solicitors, dated July 23rd.

[The Tech Clerk]

Diana Mayhew

[Warwick65]

Hi
Back when you had the last LBA and you asked for DN, NOA etc. did they get back to you with those?

You say they have now complied with the S78 request but they will also need the DN and other things to prove their claim. You doo have time to set out another response though

I actually have copies of my RBS Default Notices and they are, IMO technically bad in that they are not set out in the correct way and do not give 14 days from service for remedy. This is where legal advice may be useful because at the end of the day it is up to the judge as to how they interpret the law (rightly or wrongly)

Hopefully Di will be around in the next few days but it is the weekend so she might be busy.

[RhodriMawr]

I can confirm that I have not been sent any of the documents that I requested from Mortimer Clarke Solicitors when I returned the LBA questionnaire.

[Warwick65]

You have plenty of time but I would be asking for them again
The agreement
the default Notice
the notice of assignment
The deed of assignment

[Roger]

I think this might be considered an abuse of process. I don't have personally knowledge of this new process.
The Letter Before Claim is part of this new and changed process where previously we sent the Letter Before Action.

I wouldn't ask them for anything, and certainly not in writing! Nothing New just a copy of what they have already been sent!

It's a Legal Form and part of an approved process.

Right now you are in dispute with them because their response is ignoring your LBC or are they implying that they never received your LBC?

My instinct would be to resend a copy of what you have already sent (with evidence of that LBC being delivered, Their Recorded signature etc..) . And send this copy by Special Delivery!!! Put the BALL firmly back in their court!

My understanding is that it requires their active response, to exchange documents of proof or rebutt your request for these!

Sending out a new BLANK Form is surely against the legal intent of this new process.