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  • Shoosmiths/Cabot

    I am a bit rusty with this as I thought I had beaten MINT but the debt has resurfaced and I cannot remember the drill having got my record clean over the last 4 yrs.

    After 4 and a 1/2 years SHOOSMITHS have written to me re a MINT credit card from 2003. (11,101).

    I stopped paying on this to a DCA 4 and a half years ago.
    Shoosmiths are now demanding payment or a court appearance and a CCJ.

    Shoosmiths are now acting on behalf of CABOT who took over the account in 2016 and I have not replied to any CABOT letters.

    The original credit card agreement was signed in 2003, I believe the agreement is unenforceable but I would like someone to verify that for me please, or be able to tell me what to look for in the agreement and how do I reply to Shoosmiths threatening letter.

    They have told me I MUST complete their financial information forms and reply within 30 days.

    Any advice please

  • #2
    Hi

    Have you actually received a letter of claim?

    Did you send a CCA request in the past to Cabot along with the 1 fee or did you send it to a previous owner - maybe MINT themselves

    If you have not sent a CCA request to cabot, personally I would send one now, if you have and what they sent back was unenforceable then I would leave it

    IF this does go to court it may well go to the fast track as the debt is over 10K and while this has costs implications if you lose , the good thing is, if you have a strong case you may well get a solicitor to take it on a no win no fee basis as they can claim back their costs when you win.

    If it helps, I had two RBS cards which were sold to Cabot in 2016 - I sent CCA requests for both of them and have heard nothing at all since and mine are now time barred

    Diana Mayhew may have some other ideas, in fact I am sure she will

    Comment


    • #3
      Hi

      Thanks for you reply.

      I did not reply to cabot because I had many years ago sent a cca to the dca at the time, I think I went through 2 or 3 cca's.

      As it has been a few years I have lost track of the procedure so I did not reply to them.

      CABOT have now sent me a letter to my new address (which I did not give them) and told me to deal with Shoosmiths from now on.

      Shoosmiths state they are acting on behalf of cabot and are instructed to seek recovery of the monies.

      So I am wondering:-

      1.what procedure to go through

      2.where can I find template letters. ??

      many thanks

      Comment


      • #4
        It should read 2 or 3 DCA's .....

        Comment


        • #5
          Originally posted by Freedom7. View Post
          After 4 and a 1/2 years SHOOSMITHS have written to me re a MINT credit card from 2003. (11,101).

          I stopped paying on this to a DCA 4 and a half years ago.
          Shoosmiths are now demanding payment or a court appearance and a CCJ.

          Shoosmiths are now acting on behalf of CABOT who took over the account in 2016 and I have not replied to any CABOT letters.

          The original credit card agreement was signed in 2003, I believe the agreement is unenforceable but I would like someone to verify that for me please, or be able to tell me what to look for in the agreement and how do I reply to Shoosmiths threatening letter.

          From what you say this is the first contact you've had with anyone for four and a half years. It's understandably unsettled you so you feel a reply must be sent to Shoosmiths solicitors because that's what they are demanding. Maybe you should or maybe you shouldn't, but before you can make that decision there are a number of facts which need to be established.

          Have you kept a copy of the s 77-79 CCA Request you sent which resulted in the credit agreement being sent in response? Do you have the covering letter which came with it which may mention whether it is 'reconstituted' etc? You say you've had no contact with Cabot since they were assigned the debt so who (by name) replied to your CCA Request (original creditor or a DCA)?

          I wouldn't send another CCA Request at this stage, but that will depend on your answers to my questions.

          You say Cabot are now chasing you (via Shoosmiths) but do you know who the debt was actually assigned to? Was it Cabot Financial (UK) Ltd or any other business within the Cabot Group such as Marlin Financial Services?

          I would immediately send a Subject Access Request to Mint to get the full history of this account so you can plan your next step.

          Was there PPI on this account?

          Di
          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 0151 254 6986. Our initial advice is always free.

          Any posts I make on the All About Debt 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

          Comment


          • #6
            I have found the original request which was sent directly to MINT (RBS ADVANTA) on 19/06/2008.

            I also have a copy (One page is all there is of the "Response form" which was the original application/agreement) of the application which is marked as a copy by MINT.

            I believe it does not comply and is unenforceable.

            I also have a covering letter from MINT which states that it is a "TRUE" copy of the credit agreement.

            The "Application" was made on 10/09/2003 and even I can see that there is nothing on it regarding interest rates or the amount of credit and there is only a stamped date at the top put there by MINT on receipt at their office with an illegible signature to show they have received the "Application".

            There is no place for a MINT employee to sign on the form.
            There is no interest rate on it.
            There is no credit amount on it.

            I could scan and send you these forms if you wish ?

            The current DCA is CABOT FINANCIAL UK LIMITED.

            It has gone through previously:-

            APEX(Allpay)
            LLOYDS TSB
            WESCOT CREDIT SERVICES
            NELSON GUEST & PARTNERS SOLICITORS
            GREEN & Co
            TRITON CREDIT SERVICES
            H L LEGAL & Collections


            WESCOT offered a reduced settlement on 26/08/2009.
            APEX also offered a reduced settlement on 23/03/2010.

            Many thanks for your assistance

            Comment


            • #7
              Going through the documents there appears to be 2 sides to the "Application" and on the second side there is half a page about the credit card showing 2 interest rates and that the credit limit is set by them.

              Comment


              • #8
                send to:- webmaster@all-about-debt.co.uk no alterations as only Niddy will see it
                I'm an Official AAD Forum Moderator and a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of allaboutDEBT Ltd. 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 to abuse@all-about-debt.co.uk or send a message to any of the Forum Site Team. 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


                • #9
                  The AAD way is to set out a Diary (so much easier to look at information set out in one place rather than scattered over various blogs

                  https://www.all-about-debt.co.uk/for...3228#post43228
                  Read the following useful guide on how to send me agreements:---> Sending your Agreement to AAD
                  To help me, to help you, please provide the following information for each account:

                  Type of account (credit card/loan)
                  Date commenced (ideally before Apr 2007)
                  Approx balance
                  Date last paid (approximate date you last made a FULL payment)
                  Are you on arrangement or not paying
                  Status (default/in arrears/up-to-date)
                  Account owner (who is writing to you, a DCA or the lender)


                  Providing the above information, for each account helps me. Then, when you start the process lay your diary out in a format like this example

                  ---> Example of perfect layout


                  1/ " I have found the original request which was sent directly to MINT (RBS ADVANTA) on 19/06/2008." Did you include 1?
                  Send a copy of this CCA (unredacted ) to Niddy webmaster@all-about-debt.co.uk
                  2/ Di "..I would immediately send a Subject Access Request to Mint to get the full history of this account so you can plan your next step.." IF YOU HAVEN'T DONE THIS DO IT IMMEDIATELY!
                  Under GDPR you nolonger need to send 10.


                  3/ Di asked "..Was there PPI on this account? .."

                  Now I would strongly suggest not putting details and information about CCA, Default Notices etc.. which could identify you!
                  Understand that just because you have a document it doesn't follow that Cabot have that document. This is where the SAR becomes very important.
                  Given the size of the Debt you may well need legal advice which is where filing and documents is really going to help.
                  Concentrate on points 1 to 3 above

                  Comment


                  • #10
                    I've read back through your thread

                    You sent a s 77-79 CCA Request to MINT and received documents in response which you have sent to Niddy for an opinion on their enforceability.

                    The debt is currently owned by Cabot Financial (UK) Ltd. who don't know about the CCA Request (I presume since you say you've not corresponded with them).

                    They have asked Shoosmiths Solicitors to manage the account and Shoosmiths have sent you a letter seeking a response within 30 days of that letter. Is it a formal 'Letter Before Claim' with various Boxes A, B, C and D to tick etc?

                    Don't respond to that letter until the facts have been established. When is the deadline?

                    Di
                    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 0151 254 6986. Our initial advice is always free.

                    Any posts I make on the All About Debt 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

                    Comment

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