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jimb0

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  1. thanks dx, is there an easy way I can calculate the interest that is due on the charges they have applied to my account, as in a form or spreadsheet. Also when I have the information back containing all of the statements will I need to write to both Future (who I took the mortgage with) and Engage (who future sold the debt to) or do I just write asking for a refund to one of them? What happens if they do not provide a copy of the statement for the missing period? How do I get them to tell me why there is an increase in the balance? Sorry for all of the questions, I just want to try and get a full understanding of whats what and the steps I need to make sure I don't miss anything.
  2. Hi everyone. I'm after a bit of help. I have just found out I can claim back the charges on my mortgage. I have requested a statement from my mortgage company who odly have sent one out without charging me. However there is a problem. I took my mortgage out in 2007 with future mortgages, the mortgage was then sold to Engage credit. The current company engage have sent a letter saying, "we acknowledge receipt of your recent enquiry requesting copies of your mortgage statements. Please find enclosed the requested statements. Unfortunately, we have not been able to provide statement from 1 April 2009 up to 31 March 2010 as this was not provided to us by your previous lender." My concern is that the statement ending 31 March 2009 shows a balance of £153,783.69 The statement that starts on 1 April 2010 shows a starting balance of £156,346.89 This means that £2563.20 has appeared on my mortgage total and I have no statement to show why. At present my fees balance on the mortgage stands at £2068.81. Could someone please give me some advice as to how to proceed. Firstly how do I go about recovering the charges I can see applied to my account, and secondly what do I do about the missing statement and the sudden leap in money over a year. I find it very convenient that in the years missing period there is a sudden leap in my balance. There are some legal costs on the account from them trying to take me to court to repossess after 2 months arrears, which was paid on the day of the court hearing. thanks in advance james
  3. What should the defence be, I have seen something on another thread about the fact that they have failed to comply with certain requests and that they can't show that they own the debt but I am unsure as to what the actual defence should be. Sorry for my lack of knowledge on this I just want to make sure that it all gets done correctly. I take it my defence would be different if they come back with some information as to if they dont?
  4. Hi Andy, I filed the acknowledgement of service, and as yet have still had no response from either the solicitors or Cabot. What will be my next stages?
  5. Hi everyone. I have sent off the two, one to the solicitors and one to cabot themselves. Is there anything i need to do in the mean time? What do i need to do next and by when?
  6. Hi Andy, thanks for the welcome and the link, I have pasted the form and answers in red below. Name of the Claimant ? Cabot Financial (UK) Limited Date of issue – 18 Jul 2014 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) What is the claim for – The particulars of claim are 1. the claimant claims the sum of 589.45 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Bank of S (5193 XXXX XXXX XXXX) and assigned to the claimant on 29/4/2010, notice of which has been provided to the defendant. 2. The defendant has failed to make payment i accordance with the terms of the agreement and a default notice has been served persuant to the Consumer Credit Act 1974. 3. The claimant claims the sum of 589.45 and costs. 4. The claimant has complied, as far as is n the pre-atcion conduct practice direction. Number What is the value of the claim? £589.45 amount claimed £60.00 Court fee £70.00 Solicitors Costs £719.45 Total Costs Is the claim for a current or credit/loan account or mobile phone account? The claim form doesn't say, it just says between my mum and Bank of S. I assume it is for a credit card or a loan. I have asked her and she is unsure of what it is for. When did you enter into the original agreement before or after 2007? She is unsure of this. Will I be able to get these details if we obtain her credit report? Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It has been assigned to Cabot. According to Cabot, this was on the 29/04/2010 Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Not that she remembers but possibly. Unfortunately she has seemed to bury her head with a few issues. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that she is aware specific to this debt. Why did you cease payments:- Unknown. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No thanks james
  7. Hi everyone, I've been reading through a few posts on here regards several Cabot cases and would like a little bit of advice relating to my mums situation. I'm looking after this for her as she has just come out of hospital with heart problems and I really don't want the stress of her worrying. On Wednesday she received a county court claim form from the county court business centre. The claimant is listed as Cabot Financial (UK) Limited 1 kings Hill Avenue Kings Hill and the address for sending documents and payments is Shoosmiths LLP The Lakes Northampton The particulars of claim are 1. the claimant claims the sum of 589.45 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Bank of S (5193 XXXX XXXX XXXX) and assigned to the claimant on 29/4/2010, notice of which has been provided to the defendant. 2. The defendant has failed to make payment i accordance with the terms of the agreement and a default notice has been served persuant to the Consumer Credit Act 1974. 3. The claimant claims the sum of 589.45 and costs. 4. The claimant has complied, as far as is n the pre-atcion conduct practice direction. Number This was issued on the 18th July. Yesterday she received a letter dated the 21st July from Shoosmiths LLP that said We write to confirm that we have received Notice of Issue from County Court Business Centre confirming our client will be at liberty to request judgement against you on 5th August 2014. We would remind you that once this step is taken you will have a County Court Judgement registered against your name. This will have an adverse effect upon your credit rating. As previously stated our client will not refrain from entering judgement on the basis of instalment payments and requires a lump sum settlement of the debt. We would invite you to consider your financial circumstances and should you be in a position to offer such a lump sum to our client then please contact our office on 03700 *******. If you contact us on the above number with confirmation that you will be in a position to make a lump sum payment to our client it may be that our client will be minded to give you a further short period prior to requesting judgement to make the payment. We would remind you that it is strongly in your interests to make payment as soon as possible to potentially obtain a discount on the figure outstanding and to avoid further fixed costs which will be added to the debt. Should you have any queries in relation to the contents of this letter then we would urge you to contact a local solicior, your local Citizens Advice Bureau, or other advisory service. Yours faithfully Shoosmiths LLP Solicitors. I've spoken with my mum about this, she has never heard of these solicitors, nor has she spoken with anyone regarding making payments. Could someone please help me as to what I should do. From reading the other posts am i correct in thinking that I should file an acknowledgement of service with the court. And then request information from Cabot or Shoosmiths to show that they actually own the debt? Thanks in advance for any help James
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