Good evening CAG,

I am new to this site but I must say that I have heard how fantastic you are at helping, so, I am hoping you could point me in the right direction.

I have received a claim form from Northampton which has been issued by Cabot Financial.

Now they say that I owe money to Moneyway (a loan) and give an account number but, it has been issued to me in my maiden name which I have not used since 2007.

Now, I dont ever remember taking a loan with a company called Moneyway so I am pretty amazed at this,

let alone using a name I havent been known by for a number of years.

they say that the debt was assigned to them, so I am guessing they brought this supposed debt cheap,

but I think they must have picked me off an old voters list or something as I have never done business with a Company called Moneyway.

Now I dont really know much about rights as a consumer or anything but I thought that debts became statute barred after a certain time.

I need to do something but I dont know what and I dont know how much time I have to do it before a judgement is registered against me for something I have not had.

Could someone please point me in the right direction. I would be so grateful.

Thank you

LTB

Hello and welcome to CAG. I'm sorry to hear about your problems.

The best way to help the guys to advise you is if you wouldn't mind having a read of this link and filling in the information.

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**%281-Viewing%29-nbsp

My best, HB

Thank you HB for replying.

I have looked at the link and the answers are as follows:

Name of Claimant: Cabot Financial UK Ltd

Date of Issue: 8th Jan 2015 19 days = 26th jan 33 days = 9th feb by 4pm

Particulars of claim:

1. The defendant entered into a credit agrement described by the original creditor MONEYWAY - LOAN

and having account number XXXXXXX ("the account").

2. The claimant, a UK limited company with company no ......, is the asignee and legal owner of all rights

previously enjoyed by the original creditor in respect of the account.

3. The defendant is indebted to the claimant in respct of the account in the sum of 550.

4. the claimant claims the said sum of 550. plus costs.

Value of claim: £550.00

Is the claim for a current or credit/loan account or mobile phone account? PAY DAY LOAN

When did you enter into the original agreement before or after 2007? :

I have no recollection of entering into any agreement with MONEYWAY.

It has been issued in my maiden name which I stopped using in 2008.

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: Account assigned to CABOT.

Were you aware the account had been assigned – did you receive a Notice of Assignment? No, this claim is the first thing I have heard.

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

Why did you cease payments?

In answer to the following questions,

to my knowledge I have never had an agreement with the original lender,

I have never had anything from Cabot so I have never made any payments.

What was the date of your last payment?

Was there a dispute with the original creditor that remains unresolved?

Did you communicate any financial problems to the original creditor and make any attempt to enter into a dm plan?

I hope the above info is ok and hope someone can advise me what to do next.

Many thanks everyone.

LTB

Thank you, LTB, that will be useful.

The guys should be along later with advice for you, but weekends are always quieter here so I hope you will bear with us until they're available. You have a bit of time yet.

HB

Ok Thank you.

Reading through so far, should I send a CCA1974 to cabot, does this cost anything?

and, should I send a CPR31.14 to the solicitors?

What is a CRP31.14?

I am going to 100% defend this as doing a bit of background digging,

I have never had any dealing with Moneyway

so how can I owe them money, especially from 7/8 years ago!

Dont suppose anyone around yet that can help me? If I need to request anything I guess I need to do it asap.

I believe using the cpr thing you send a request to the solicitors which costs you nothing except recorded delivery postal fee

Send them also a CCA request with a £1 cheque. Template for this is available from the cag library

Thank you for that SabreSheep.

Can someone tell me please what the CPR thing is and what I should receive back.

Also,should I acknowledge receipt of the claim now as I may not get the info requested brfore the date I have to acknowledge,

and do I tell them when I acknowledge that I am defending the claim?

Thanks

LTB

Thank you for that SabreSheep.

 

Can someone tell me please what the CPR thing is and what I should receive back. Also,should I acknowledge receipt of the claim now as I may not get the info requested brfore the date I have to acknowledge, and do I tell them when I acknowledge that I am defending the claim?

 

Thanks

LTB

i think u use the cpr request to get copies of any documentation mentioned in their poc. Normally from what I see nothing comes back. Which is then used in your defence.

acknowledge the claim and select defend all. This buys u more time to formulate your defence

Thankyou.

Could you please clarify what I need to ask them for in the CPR request as the template doesnt specify. In the POC they just say that I entered into a credit agreement, its doesnt state any documents they are relying on. I am hoping to get this posted off tomorrow.

Many thanks in advance.

Can anyone comment on #11. I really not sure what I need to put and was hoping to get cpr posted tomorrow. Thanks in advance. LTB

You should request the agreement and notice of assignment only CPR 31.14...more important and priority would be a CCA request in this claim.

Regards

Andy

CCA request

£1 BLANK PO

do not sign anything.

CPR 31:14 from the legal section

of the library tab top left.

.............

have you moved since the date of this loan?

could it be fraud

whereby someone has used pers info latterly sent to your old address.

don't forget to ACK the claim on MCOL defend all.

leave juris unticked.

and also YOUR DATES ARE WRONG

I have amended them

dx

Hope you've googled Moneyway. If so you'll see that you could have obtained a loan from one of various suppliers pimping on their behalf. Could explain why you have no recall, but CRA should clarify.

Thank you guys for your responses much appreciated.

thank you dx for amending the dates.

CCA req has been sent,

so I assume I now need to calculate 2 + 12 working days for them to get back to me?

CPR req going tomorrow.

Dx, yes I have moved several times since I stopped using my maiden name, so maybe, anything is possible.

Oleg, yes I have googled them but I just assumed that Moneyway was a brand name of Secure Trust or whatever it is.

As you say, hopefully all will be revealed.

I will go on to MCOL later to ack claim.

Ack of claim now done. CCA Req sent a few days ago. What is their timeframe to comply, is it 12 working days? Thanks

12+2 working days

however, you don't do anything if they don't respond

just DONT forget to file your defence

dx

OK, nothing yet received but it has only been 10 days.

I am slightly concerned as the deadline is only 2 days before my defence must be filed

and I dont have a clue what to put in my defence.

Will this be enough time?

time to read other threads

all the info is there [in this forum]

get yourself opto speed LTB

thankyou dx100uk. Any pointers where to start looking? It seems like a needle in haystack

the forum where you are

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Financial-Legal-Issues

and

one off of it

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

no paperwork/holding defence probably.

did you go get your credit file as asked?

dx

No dx100uk, their time limit is not up until a couple of days before my defence must be in which is why I am a tad concerned.

that's is not an issue. you just wait

did you go get your credit file

from say noddle below?

dx

I have just signed up to Noddle and there is nothing on there relating to this. Would this suggest that if there was a debt, it would be over 6 years?