dwj2112's UE Diary

[Spud]

Re: dwj2112's UE Diary

Don't get too caught up in the 14 day thing but in a nutshell, yes them sending the CCA has reversed that situation.

In short you send a CCA request, If they do not produce one then in simple terms they cannot enforce the debt.

If they then eventually send a CCA reply AND it is correct ( Enforceable) then they could seek to enforce the debt BUT....and it is a big BUT.......there are other important documents that also need to be correct as well

Each case is different so do try not to worry - There are many people who have enforceable debts who have still made it to being Statute Barred through learning to play the system at its own game.

Hence people asking for confirmation with certain things

[dwj2112]

Re: dwj2112's UE Diary

Great, thanks Spud. We'll see what transpires :-)

[dwj2112]

Re: dwj2112's UE Diary

Received a citation from the Sheriff Officers today. I have 21 days to respond to the court. Debt would be SB in August so I'm not entirely surprised. Should I just offer to start making payments as it is enforceable?

[Joanna Connolly Solicitors]

Re: dwj2112's UE Diary

Received a citation from the Sheriff Officers today. I have 21 days to respond to the court. Debt would be SB in August so I'm not entirely surprised. Should I just offer to start making payments as it is enforceable?

Is this the first and only communication you've had from Shoosmiths (or Cabot) since their letter enclosing the CCA on 1st February? Nothing at all since your last forum post on 8th March?

The agreement may be enforceable (is it?) but they need to have got everything else right such as the Default Notice and Notice of Sums in Arrears and any assignment.

What is the exact name of the Pursuer on the citation - is it Cabot Financial (UK) Ltd or is it Cabot Financial (Marlin) or (Europe) Ltd?

Di

[Joanna Connolly Solicitors]

Re: dwj2112's UE Diary

• DEBT 3:HBOS 1
• Type of account Bank of Scotland Credit Card
  
  
• Date commenced 25/02/2004
  
  
• Approx balance £13,200 (balance now £14,224)
  
  
• Date last paid August 2012
  
  
• Status Defaulted
• Account owner Bank of Scotland (now with Cabot Financial).

24/12/12 Letter recieved from Albion Collections asking for full payment.
07/01/13 Letter recieved from Albion Collections asking for full payment.
16/01/13 Letter recieved from Albion Collections asking for full payment.
28/01/13 Letter recieved from Albion Collections asking for full payment.
30/01/13 CCA request sent to Albion Collections.
13/02/13 Reply received from Bank of Scotland enclosing reconstituted agreement and original signed application form.
18/02/13 Niddy takes a look at the agreement and it is enforceable.
09/04/13 Notice of Pending Legal Action received from HL Solicitors.
12/04/13 Missing Prescribed Terms Letter Sent to Apex Credit Management
28/04/13 Response received from Apex Credit Management requesting £1.00 to comply with my request.
05/05/13 Missing Prescribed Terms Letter resent to Apex Credit Management along with £1.00 fee.
08/05/13 Response received from Apex Credit Management placing my account on hold pending further enquiries.
28/10/13 Letter from Bank of Scotland stating they have transferred my account over to Akinika.
31/10/13 Standard letter from Akinika asking me to contact them.
21/11/13 Letter from Akinika offering a "substantial" reduction if I settle within 72 hours.
03/12/13 Letter from Akinika threatening legal action if they don't receive payment within 10 days.
22/12/13 Harassment by Telephone Letter Sent to Akinika.
24/12/13 Letter from Wright Hassall solicitors saying they might have to take legal action to recover the debt.
21/01/14 Letter from Akinika saying they might be able to reduce the debt if I contact them.
27/01/14 Letter from Akinika advising me that a Doorstep Collector will be calling on me.
28/01/14 Further letter from Akinika received saying they might be able to reduce my debt.
06/06/14 Letter from Bank of Scotland saying they are now passing the debt over to Wescot.
17/06/14 Letter from Westcot saying I need to contact them urgently.
22/06/14 Letter from Westcot saying further action will be taken and I have been referred to a visit by a Door Step Collection Agency.
04/09/14 Statement received from Bank of Scotland.
03/09/15 Letter received from Cabot Financial saying they would like to help me take positive steps to repaying the debt.
17/09/15 Reminder received from Cabot Financial.
01/10/15 Letter from Cabot Financial saying they are now considering legal action,
06/10/15 Letter received from Cabot Financial saying they will accept £5689.20 (a third of the debt) in settlement.
19/11/15 Letter received from Shoosmiths Solicitors saying they will commence court proceedings if they don't here from me in 14 days.
23/11/15 CCA request sent to Cabot and a copy to Shoosmiths.
01/02/17 Reply received from Shoosmiths enclosing CCA and asking me to contact them with details of Income and Expenditure.


So finally received a reply from Shoosmiths enclosing my CCA ( over 14 months after I sent them the CCA request)!

They have asked me to contact them within 14 days (passed already) and fill in a form about my income and expenditure.

It ends with the standard "our client may instruct us to raise Court action against you" if I don't contact them. It's a lot less threatening that the letter they sent me 15 months ago and my inclination is to completely ignore it for the moment.

I've only re-quoted your post so the history of the debt is easier to find

You've already won a court claim so don't throw in the towel just yet.

Email the Citation to Niddy in one PDF if possible.

Di

[dwj2112]

Re: dwj2112's UE Diary

Thanks

I really appreciate you getting back to me so quickly. I don't think I have received any communication since the 8th March (several letters from Cabot chasing another debt). I'm sifting through all the paperwork to double check and will let you know for sure tomorrow.

Will get it all scanned and sent to Niddy too.

Exact name on citation is MFS Portfolio Limited registered at Worthing. No mention of Cabot, but I seem to remember from the previous case that MFS own Cabot.

[dwj2112]

Re: dwj2112's UE Diary

Double checked all my paperwork - nothing was received between the letter on 1st February and the citation on 14th of June.

[Joanna Connolly Solicitors]

Re: dwj2112's UE Diary

Will get it all scanned and sent to Niddy too.

Exact name on citation is MFS Portfolio Limited registered at Worthing. No mention of Cabot.

That's interesting

When you email the Citation to Niddy will you also copy it to me.

Di

[alfie]

Re: dwj2112's UE Diary

but I seem to remember from the previous case that MFS own Cabot.

Didn't Cabot acquire Marlin (MFS), Cabot being a subsidiary of Encore who also own the likes of Apex etc.? One big back scratching umbrella!

[dwj2112]

Re: dwj2112's UE Diary

Thanks Di. Had already emailed Niddy - sent to you now too.

[Joanna Connolly Solicitors]

Re: dwj2112's UE Diary

Thanks Di. Had already emailed Niddy - sent to you now too.

I've got that

Everything needs to be considered in context (not just whether the credit agreement is enforceable) including any assignment issues etc.

My post is neither Good News nor Bad News it's No News (yet)

Di

[dwj2112]

Re: dwj2112's UE Diary

• DEBT 3:HBOS 1
• Type of account Bank of Scotland Credit Card
• Date commenced 25/02/2004
• Approx balance £13,200 (balance now £14,224)
• Date last paid August 2012
• Status Defaulted
• Account owner Bank of Scotland (now with Cabot Financial).

24/12/12 Letter recieved from Albion Collections asking for full payment.
07/01/13 Letter recieved from Albion Collections asking for full payment.
16/01/13 Letter recieved from Albion Collections asking for full payment.
28/01/13 Letter recieved from Albion Collections asking for full payment.
30/01/13 CCA request sent to Albion Collections.
13/02/13 Reply received from Bank of Scotland enclosing reconstituted agreement and original signed application form.
18/02/13 Niddy takes a look at the agreement and it is enforceable.
09/04/13 Notice of Pending Legal Action received from HL Solicitors.
12/04/13 Missing Prescribed Terms Letter Sent to Apex Credit Management
28/04/13 Response received from Apex Credit Management requesting £1.00 to comply with my request.
05/05/13 Missing Prescribed Terms Letter resent to Apex Credit Management along with £1.00 fee.
08/05/13 Response received from Apex Credit Management placing my account on hold pending further enquiries.
28/10/13 Letter from Bank of Scotland stating they have transferred my account over to Akinika.
31/10/13 Standard letter from Akinika asking me to contact them.
21/11/13 Letter from Akinika offering a "substantial" reduction if I settle within 72 hours.
03/12/13 Letter from Akinika threatening legal action if they don't receive payment within 10 days.
22/12/13 Harassment by Telephone Letter Sent to Akinika.
24/12/13 Letter from Wright Hassall solicitors saying they might have to take legal action to recover the debt.
21/01/14 Letter from Akinika saying they might be able to reduce the debt if I contact them.
27/01/14 Letter from Akinika advising me that a Doorstep Collector will be calling on me.
28/01/14 Further letter from Akinika received saying they might be able to reduce my debt.
06/06/14 Letter from Bank of Scotland saying they are now passing the debt over to Wescot.
17/06/14 Letter from Westcot saying I need to contact them urgently.
22/06/14 Letter from Westcot saying further action will be taken and I have been referred to a visit by a Door Step Collection Agency.
04/09/14 Statement received from Bank of Scotland.
07/07/15 Letter received from Cabot Credit Management Group saying that they bought the debt on 17th June 2015.
03/09/15 Letter received from Cabot Financial saying they would like to help me take positive steps to repaying the debt.
17/09/15 Reminder received from Cabot Financial.
01/10/15 Letter from Cabot Financial saying they are now considering legal action,
06/10/15 Letter received from Cabot Financial saying they will accept £5689.20 (a third of the debt) in settlement.
19/11/15 Letter received from Shoosmiths Solicitors saying they will commence court proceedings if they don't here from me in 14 days.
23/11/15 CCA request sent to Cabot and a copy to Shoosmiths.
01/02/17 Reply received from Shoosmiths enclosing CCA and asking me to contact them with details of Income and Expenditure.
14/06/17 Citation hand delivered by Sheriff Officers on behalf of MFS Portfolio Limited
06/07/17 Lodged a Notice to Defend at Sheriff Court
11/07/17Letter received from Sheriff Court with time table of case.
19/07/17 Instructed Flexlaw Solicitors to Defend the action.
20/07/17 Missed the deadline for Lodging Defences.
21/07/17 Solicitor filed a motion for Late Defence.

Have now instructed the solicitor to defend the citation. A bit nervous about doing it again and pushing my luck. We missed the deadline to lodge the defence (Di I have to say that I was grateful that you guys took a look at this, but it was very frustrating not being able to get hold of you and missing the deadline because I was waiting for you to get back to me). So haven't got off to a good start but my solicitor has now filed a late motion and I guess it's out of my hands now.