Cowbopper UE Diary

[Timewilltell]

No not at all, I just don’t see the relevance of Rogers post in relation to the OP?

[Roger]

No not at all, I just don’t see the relevance of Rogers post in relation to the OP?

Well a good starting place is sight of your Diaries
This is for the benefit of AAD members and perhaps who knows your own benefit.

[Timewilltell]

Well a good starting place is sight of your Diaries
This is for the benefit of AAD members and perhaps who knows your own benefit.

And if the need arises then you will get to see them, until then I’d thank you to quit whittling on about my unseen diaries and assist those that need it.

[Pat]

I do find it odd that people with no diaries also tend to disparage the way that AAD works.

I do not think anyone is disparaging AAD. I am saying that some of the 'advice' given is frankly dreadful. I am 100% behind the AAD way

[Roger]

I do not think anyone is disparaging AAD. I am saying that some of the 'advice' given is frankly dreadful. I am 100% behind the AAD way

Great lets now see YOUR Diary

[cowbopper]

Thrilled to have received a claim form this morning.
My brief advice from JC previously was to wait and see. Not sure how i'm going to afford the costs of appointing them to defend this.

I find it interesting the claim is issued by Cabot Financial (UK) Limited. am i right in saying that they cant actually issue claims??
The PoC says Cabot credit management group limited acting as servicing agent of the named claimant through its appointed representative (Cabot financial (Europe) limited).

[The Tech Clerk]

speak to JC!s colin Colin G Quinn

[Still Waving]

Thrilled to have received a claim form this morning.
My brief advice from JC previously was to wait and see. Not sure how i'm going to afford the costs of appointing them to defend this.

I find it interesting the claim is issued by Cabot Financial (UK) Limited. am i right in saying that they cant actually issue claims??
The PoC says Cabot credit management group limited acting as servicing agent of the named claimant through its appointed representative (Cabot financial (Europe) limited).

Updated diary identifying this one would be helpful.

[The Tech Clerk]

21/11/2017: HSBC confirming sale of account to Cabot Financial (UK) Limited

03/03/2019: Cabot threat of legal action
21/03/2019: Cabot referring to Mortimer Clarke
22/03/2019: Mortimer Clarke send Pre Action letter
29/03/2019: CCA request made
03/04/2019: CCA acknowledged and confirmed action ‘on hold’
20/05/2020: SAR sent to original creditor
22/03/2021: refund of charges app £350 (account mismanaged)

03/04/2019: CCA acknowledged and confirmed action ‘on hold’
I presume you have the letter 03/04/2019 the presumption is it was a valid request including £1 because they acknowledged and confirm 'on hold'

[Pat]

Thrilled to have received a claim form this morning.
My brief advice from JC previously was to wait and see. Not sure how i'm going to afford the costs of appointing them to defend this.

I find it interesting the claim is issued by Cabot Financial (UK) Limited. am i right in saying that they cant actually issue claims??
The PoC says Cabot credit management group limited acting as servicing agent of the named claimant through its appointed representative (Cabot financial (Europe) limited).

Whatever you do, make sure you go online and acknowledge the claim with the point you will defend all. This gives you a little more time. Sadly, without knowing exactly which account this is, I would not like to give any other opinion.

[cowbopper]

21/11/2017: HSBC confirming sale of account to Cabot Financial (UK) Limited

03/03/2019: Cabot threat of legal action
21/03/2019: Cabot referring to Mortimer Clarke
22/03/2019: Mortimer Clarke send Pre Action letter
29/03/2019: CCA request made
03/04/2019: CCA acknowledged and confirmed action ‘on hold’
20/05/2020: SAR sent to original creditor
22/03/2021: refund of charges app £350 (account mismanaged)

03/04/2019: CCA acknowledged and confirmed action ‘on hold’
I presume you have the letter 03/04/2019 the presumption is it was a valid request including £1 because they acknowledged and confirm 'on hold'

I do indeed still have the letter from 2019 confirming the action as on hold

[cowbopper]

just to confirm i have updated my diary to add in this latest action. This is debt 4

[Still Waving]

just to confirm i have updated my diary to add in this latest action. This is debt 4

"14/06/2023: MC advice payment not made with original CCA request. Quoted dates do not match up and the fee quoted is £10, not £1"

Can you expand on this? There seems to be some confusion (on whose part?) between CCA request and SAR. CCA fee is £1, and SAR is free (used to be £10). Has it been sorted? Was payment made with CCA request?

[The Tech Clerk]

4. HSBC CREDIT CARD ACCOUNT 2

Approx. 2009
Balance 4800
Date of last full payment: October 2012
Default: Aug 2013
Stopped paying DMP in June 2018
Account Owner: Cabot Financial UK Limited or Europe (unclear)
ACTIONS:
Await SAR

23/05/2014: Metropolitan offer accepted of payment via DMP
21/11/2017: HSBC confirming sale of account to Cabot Financial (UK) Limited
11/08/2018: Cabot your repayments are in arrears letter
01/09/2018: Cabot welcome letter
18/09/2018: Cabot please contact us letter
04/10/2018: Cabot please contact us letter
12/10/2018: Cabot Statement of account
22/10/2018: Cabot please contact us letter
08/11/2018: Cabot please contact us letter
06/12/2018: Cabot We've traced you to this address letter
07/01/2019: Cabot please contact us letter
16/02/2019: Cabot please contact us letter
03/03/2019: Cabot threat of legal action
21/03/2019: Cabot referring to Mortimer Clarke
22/03/2019: Mortimer Clarke send Pre Action letter
29/03/2019: CCA request made
03/04/2019: CCA acknowledged and confirmed action ‘on hold’
20/05/2020: SAR sent to original creditor
22/03/2021: refund of charges app £350 (account mismanaged)
24/03/2023: MC letter before claim
Xx/05/2023: response to MC advising original CCA request not complied with
14/06/2023: MC advice payment not made with original CCA request. Quoted dates do not match up and the fee quoted is £10, not £1
26/08/2023: Court claim paperwork received

[Pat]

The Tech Clerk

Do you have proof of sending a case request along with the payment- I used to print a copy and staple the signed for receipt, proof of delivery and the counter foil for the postal order. Or if I’d sent a cheque the cheque number.

If you can not prove this you MAY want to consider sending a new CCA request along with a cpr31.14 request for anything mentioned in the particulars of claim. EDIT - I have just read back and see you have the letter acknowledging receipt and saying it is on hold so maybe ignore what I have just suggested.
However do not trust MC


If you are worried about affording the cost of the solicitor, this is the standard way of dealing with it yourself or so I believe. I think there is a template for that request somewhere on here.

These would then form the basis of your defence.

What do they mention on the claim form?


If they do not mention a DN then you can plead Doyle v PRA which says a DN is needed


https://swarb.co.uk/doyle-v-pra-grou...ntent=cmp-true