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FORUM LegalBEAGLES Consumer Forums Money & Debt Debt Collection Agencies Debt Collection Agencies Cabot Financial cabot court action (scotland) advise please? Welcome to Legal Beagles. Please register to get the most out of the forum - Registration is FREE and only takes a couple of minutes. If you have any problems falavella please feel free to contact us . Please also visit, join, like and share our Facebook Page so we can help more people in need of advice. Thank You.
Hi folks, any advise and support would be appreciated on this. Received a summary cause action from cabots lawyers for 2 debts combined: 1 barclaycard littlewoods credit card for 4,700 and an argos store card for 258. There is no averrment whatsoever to these being credit agreements. In September 2010 i CCA'd cabot for both accounts which were opened in 2004, unfortunately in a moment of madness i had paid them around 5 payments to each account in 2007. The upshot was that after delays they sent what they claim are the original agreements i.e. applications forms for both which do not have any of the prescribed terms on them, credit limit, apr rate, etc. Separate t&c's were sent on both of them. A reconstituted falavella letter of assignment was sent on both accounts, the heading is reconstituted assignment from june 2007 but both are dated December 2010. The assignment letter for the littlwoods account falavella has a completely different agreement (card number) number on it. Statements on the Littlewoods accounts show that i was paying ppi yet im down as a homemaker on the application form. A separate letter i received from the original creditor Barclaycard Littlewoods in December 2010 states that they have complied with my CCA request when all they sent was unsigned t&c's with no account number, signature,etc. They go on to say the balance of the account is 3,800, almost a 1,000 than Cabot claim. They make no reference to selling the debt to cabot, in fact they claim that im owe them the money and should continue to pay this debt. They then go on to state that they can file a default against me but will notify me in writing if they wish to do so. So this is what i can make out of this: 1) No averrment to credit agreement on summary cause 2) No prescribed terms on CCA's 3) Wrong account number on Letter of Assignment 4) Disputed amount owed i.e 4,700 or 3,800 5) Does not look like default has been issued 6) Mis-sold ppi 7) No letter of assignment for debt they are claiming.(acc. numbers dont match) Im taking this info into a solicitor and want to make sure ive got this right. I cant scan the info up coz scanner aint working. Cabot have made my life a misery over the last 3+ years, had to change my sim cards after incessant falavella phone calls and letter after letter has driven me to the brink. I dont want them to be able to get their court action "stayed" i want to end this once and for all. Any thoughts falavella on if ive got enough on them and if so what about countersuing for harassment and stress? Has anyone ever sued them for harassment falavella and won?
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LegalBEAGLES.info was founded in May 2007. We are a free forum offering support, discussion & advice to consumers from their peers. We have a great community made up of dedicated & enthusiastic individuals who have experience in a wide range of legal, debt and consumer issues.
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