Alison's UE Diary

[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.

[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.

[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

[The Tech Clerk]

Diana Mayhew

[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.

[RhodriMawr]

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

[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.

[Joanna Connolly Solicitors]

I have printed all letters above that you have suggested and will post tomorrow.

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.

You may have missed the deadline so fingers crossed for you and your partner.

Di

[Roger]

Good Evening Roger, I have printed all letters above that you have suggested and will post tomorrow. Unfortunately I cannot access emails during the daytime which sets me back a bit. We have also been without home broadband for around 3 weeks until last week , which restricted my access to the site for information.

That's tough!
We all here have Our individual stories; problems and issues.
Many have blagged CCA's especially pre April 2007.
My guess is that Niddy suggested send the Missing P/T's letter!

Although they have sent you the CCA it is perfectly reasonable to say missing P/T's in other words in your opinion its UE in its present Form.
This is a perfectly reasonable response and gives you the rational for replying to the Letter Before Claim.

Now you need this background information that the SAR's should give you and the time it will take for this to be sent.

AAD doesn't rely exclusively on the CCA but it gives you immediate legal protection. However the S 77/78 it is for Information purposes and is not necessarily 'proof'. So we need to find out whether this is a TRUE copy in other words reconstituted!!
There are many many reasons why a Debt is UE. This is where you need the SAR information.

Remember Di's request for further information
""..
Can you also give a brief outline as to what happened after the account was opened in 2003 and when you sent a s77-79 CCA Request to Cabot Financial (UK) Ltd. Just a brief paragraph to put things in context.

And finally, do you know how/why your partner opened the AA branded RBS card?
.."
It will be helpful if you can also give this background information!

Cabot Financial (UK) Ltd.have FCA licensing issues! That is irrespective of whether the CCA is EN!! There are likely to be other issues!

[RhodriMawr]

Good Evening Roger, I have printed all letters above that you have suggested and will post tomorrow. Unfortunately I cannot access emails during the daytime which sets me back a bit. We have also been without home broadband for around 3 weeks until last week , which restricted my access to the site for information.

[Roger]

Its is imperative that you deal now with the Letter Of Claim and the SAR's to STEPCHANGE and RBS.

The Deadline for the Letter Of Claim is today (31st May plus 30 Days). Querying a 2003 CCA is perfectly reasonable in your circumstances!
So send of by Post today the Missing P/T's Letter (AAD template letters https://www.all-about-debt.co.uk/for...ed%20Terms.doc
AND on the Letter Before Debt tick deny the Debt and give reason Outstanding S 77/78 CCA request

For your guidance your are querying whether a VALID CCA has been sent to you! Hence missing P/T's

But you need the back ground information here from STEPCHANGE and RBS as soon as possible.

Originally posted by RhodriMawr View Post

Letter before claim was dated May 31st.

I did not complete the tick box form.

I will have forwarded the documents to Niddy tomorrow for an opinion on enforceability.

Okay, then wait for Niddy's opinion on your credit agreement so you can decide how to handle the Letter Before Claim.

Can you also give a brief outline as to what happened after the account was opened in 2003 and when you sent a s77-79 CCA Request to Cabot Financial (UK) Ltd. Just a brief paragraph to put things in context.

And finally, do you know how/why your partner opened the AA branded RBS card?

Di

[Roger]

You need to send a SAR to STEPCHANGE and another to RBS.
Do this right away.

What is the deadline for the Letter Before Claim?

What you need to do is send a Missing P/T's letter (AAD) to Cabot AT THE SAME TIME AS YOU SEND Letter Before Claim back. BOTH ON THE SAME DAY AND RECORDED DELIVERY.
The timing is crucial so that the arrive on the same Day!

In the Letter Before Claim Deny the Debt and the give the reason is Outstanding S.77/78 CCA request.

[Still Waving]

Hi

I think the SAR should have been sent to RBS, the original creditor.

[RhodriMawr]

Have sent a SAR to Cabot yesterday. What is likely to happen when the 30 day deadline on the letter before claim has expired?

[RhodriMawr]

Hi Di,

Sorry for slow response.

Account opened in 2003 and a DMP was set up with Step Change in 2011.

CCA request was initially made to Moorcroft who were handling the debt for Cabot. Response from Moorcroft stating the request had been passed on to Cabot. CCA was only sent to us last week.

Niddy has checked and believes it is enforceable.

Thanks.