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  • My yellow diary

    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.

  • #2

    Shoosmiths and Chartsbridge launch 'Equivo :- for info

    nothing new really just can do more in the debt collection etc area.

    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • #3

      Yellow33
      AAD Enthusiast
      • Join Date: May 2022
      • Posts: 35

      Share
      #74
      12 July 2022, 14:36
      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

      Comment


      • #4
        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.....

        Comment


        • #5
          Help ... I am very stressed!

          Comment


          • #6
            Originally posted by Yellow33 View Post
            Help ... I am very stressed!
            Yes thats exactly what they want. they may do this they may do that, Trying to ramp up the pressure on you no doubt. Remember this tho, they actually have to win in court. Scottish English doesnt matter which. They will have to have all the paperwork to do that. Take care

            Comment


            • #7
              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.....

              5/10/22 court citation. 21 days to respond. All paperwork passed to my solicitor.

              Comment


              • #8
                My solicitor appears to have quite a bit of experience in cases like this. First attack is to go after them to produce paperwork. I will keep you sll updated on this one. Oh and it is Cabbot UK!!

                Comment


                • #9
                  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.....

                  5/10/22 court citation. 21 days to respond. All paperwork passed to my solicitor.

                  8/11/22 solicitor defending case. Cabot have not produced any paperwork so solicitor will now ask for a motion for them to produce within 7 days.

                  Comment


                  • #10
                    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.....

                    5/10/22 court citation. 21 days to respond. All paperwork passed to my solicitor.

                    8/11/22 solicitor defending case. Cabot have not produced any paperwork so solicitor will now ask for a motion for them to produce within 7 days.

                    29/11/22 cabot produced paperwork on last day as required by motion. However, there is missing paperwork and inconsistencies between the writ and what has been produced. Solicitor now intends to make a summery decree based on the inadequacies in their submission

                    Comment


                    • #11
                      Does anyone have any experience on summary decree success rates when the required paperwork is submitted bug there is missing information or discrepancies?

                      Comment


                      • #12
                        Originally posted by Yellow33 View Post
                        Does anyone have any experience on summary decree success rates when the required paperwork is submitted bug there is missing information or discrepancies?
                        Hasn't your solicitor?

                        As I understand it, the burden of proof is on the party asking for summary judgment, that the claim has no real prospect of success.
                        Last edited by Still Waving; 29 November 2022, 18:55.

                        Comment


                        • #13
                          Interesting update. Today was an initial hearing and cabots solicitors moved a motion to dismiss the case. So I won. They state it was not in their clients business interests to pursue and further. Because they moved they have to pay my legal fees. I am elated but also angry that this has worried me fofcso long! A good outcome none the less.

                          Comment


                          • #14
                            A 'Bitter Victory', then.

                            Comment


                            • #15
                              Originally posted by Yellow33 View Post
                              My solicitor appears to have quite a bit of experience in cases like this. First attack is to go after them to produce paperwork. I will keep you sll updated on this one. Oh and it is Cabbot UK!!
                              It seems to me that Tactics have been instrumental here!
                              Which is important for AAD to know. Don't be bitter!
                              As we now know CONC for E,W,NI a DCA can ask well it seems for ever on even a Statute Bar debt.
                              BUT here ENDS the matter doesn't it! So well done you! Thank you for sharing!

                              Comment

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