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  • Threats of legal action

    Hi I need to update my UE diary as have fallen behind due to work commitments and personal stress.
    Cabot financial hold several of my accounts and leave voicemails and text message regularly now, as well as several letters.
    I will update hopefully this weekend.
    However I have returned home today to a letter threatening legal action to instruct a solicitor to pursue a CCJ.
    I have not had back my CCA as requested earlier this year.
    Please can you advise me what to do now, as I am starting to get a bit jittery as I don't want another CCJ as the one I had fell over a couple of years ago, and I am keen to avoid another?
    Should I remind them I have not had the CCA please?

  • #2
    When did you send the CCA and did you send the 1 fee - if so was it cashed?

    Assuming yes to both then they are in default so let them issue a claim - they'll have a few issues. Diana Mayhew is best for advice regards this issue.
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    • #3
      I sent a 1 postal order in December 2017 sent by recorded delivery, Last response was 3/1/18 saying they 'currently do not have the information on file 'but had requested it. Nothing sent since.
      did not know if I should remind them of this?
      thanks for replying

      Comment


      • #4
        Who exactly is the creditor?
        ​​​​​​
        Does this letter say we may refer this to solicitors or we will?

        If it says may then I would not do anything at the moment. Last thing is to remi d them to go chasing the cca.

        Whi h debt exactly is this one?

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        • #5
          Thanks for responding. The original debt was with citi financial credit card. The creditor now says it is Cabot financial uk limited. It starts by saying your outstanding balance- potential legal action.
          it then goes onto say I have not responded to previous contact so their typical approach would be to instruct a solicitor to issue a claim and then make an application for a CCJ.
          they say I have 14 days to respond.

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          • #6
            Originally posted by Bluemonday3 View Post
            I need to update my UE diary as have fallen behind due to work commitments and personal stress.
            Cabot financial hold several of my accounts and leave voicemails and text message regularly now, as well as several letters.
            I will update hopefully this weekend.
            However I have returned home today to a letter threatening legal action to instruct a solicitor to pursue a CCJ.
            I have not had back my CCA as requested earlier this year.
            Please can you advise me what to do now, as I am starting to get a bit jittery as I don't want another CCJ as the one I had fell over a couple of years ago, and I am keen to avoid another?
            Should I remind them I have not had the CCA please?

            Hello

            From what you say you've received a letter from Cabot threatening to instruct solicitors who may threaten to issue legal proceedings.

            If that scenario plays out then under the new Pre Action Protocol (introduced October 2017) the solicitors should send you a formal 'Letter Before Claim' (with a form to complete) giving you 30 days to respond before they should issue a claim.

            So you're not under an immediate threat of anything other than solicitors being instructed to send you a letter which you can deal with if/when it arrives.

            I've looked at the start of your diary and assume that it's the ex-Citi debt with an outstanding balance of 718.40.

            It might be a good idea to merge these two threads into your Diary and then start to tackle each of the nine debts in separate posts one at a time so you'll feel more in control of your situation and less stressed.

            I look forward to helping you on your Diary. Enjoy the rest of your weekend.

            Originally posted by Bluemonday3 View Post
            City Financial credit card started approx 2006,
            Balance at DMP start Sept 2009 6953.72.
            Passed onto to Cabot but is managed by Clarity ? approx 2010
            Outstanding balance 718.40
            CCA requested 10/12/17


            Di







            Legal Disclaimer

            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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            • #7
              Thanks Di, i didn't realise you had responded, its been a busy few days and I've not been back on here.
              I will have a look at merging this as directed, though to be honest I have not got a clue, but I am off work next week so will have a look at this.
              Thanks for the advice.

              Comment

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