Hi all,

please can someone help as I think I have nowhere else to go

went to see solicitors they are asking for £3500 up front to defend me,

I have not got that sort of money .

I bought a car from park motors and took out a loan with them

I paid ok for 3 years then I was made redundant and things changed,

I defaulted and the car was returned and sold and they are chasing me for the outstanding balance.

Time line

In July 2009 I phoned park told I was made redundant ,

Missed payments in September

on 3 of march 2010 a default notice was served and my agreement was terminated 18 days later.

Even though the default notice was dated the 10/3/17 I cannot remember getting a termination letter.

I phoned park up around 10Th to the 20th of March and was told I had only 2 options that was to return the car or go to court to get repression of the car

I decided to return the car and was picked up on the 4 /4/10 they then sold it for £2400 leaving £2251 outstanding

I did not get a validation report from them do not know if they waited 21 days or just put it to auction,

I complained

some time later not sure but it was 1-2 months later that you had no right to take the car as I had paid more than ¾

all I was told you should have read the small print.

Park then chased me for the remainder I started paying 10 a month for 10 months then stopped.

Park then sold my agreement to five rivers 3/4/14 then blue stone /cabot /Mortimer’s and Clark.

Then on 31/3/17 I received court order dated 29/03/17

and I acknowledged with the court on the 5/4/17.

That I want to defend my case.

Donald

please fill this out:

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

just to let you know

park - bluestone - cabot = dodgy debt

lots of thread here about them

Name of the Claimant? Cabot

Date of issue – . 29/03/2017

Date to submit defence = – 28/03/2017

What is the claim for –

1.The claim is for the balance of instalments due and unpaid under an agreement dated 01/12/2007 & under which blue motor finance ltd re bluestone agreed to provide credit in relation to the purchase of goods payable by instalments (“the agreement”). The agreement was assigned to the claimant.

Particulars

1. Amount due and unpaid 2342.26 the claimant therefore claims

1. Amount due and unpaid 2342.26

What is the value of the claim? £2527.26

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Car loan

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

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. assigned yes

Were you aware the account had been assigned – did you receive a Notice of Assignment? Sold yes

Did you receive a Default Notice from the original creditor? yes

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

Why did you cease payments? Was made redundant

What was the date of your last payment? October 2012

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

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? yes

can you type out the POC as it appears on the claimform please

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

can you type out the POC as it appears

Typed in red on list

wow that's clear as mud..

dx

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

Done just cca to do thanks

Docs

docs1.pdf

just one more note Mortimer wanted me to let them have my defence to them before the 18/04/17 i said i have been waiting for yours for 14 days now an i cannot give you mine till i see yours she said she will post them any way i phoned the court up an have been told i have until the 30/4/17 to get my deference in to court.

wonder what they wanted to see mine first, so to have a counter attack???

Thanks

please put all those docs into ONE multipage PDF

thankyou.

dx

def is not due till 28th

and please stop talking to the fleecers on the phone!!

dx

only phoned once due in before the 30th court said that had to be in for the 30th so saying 28th to give me a day

Thanks

It may be a technicality but still a glaring error that the PoC states the credit is provided by bluestone yet the pre contract information clearly states its park motor finance.

Dx remenber a few weeks back we were discussing about gateway credit?

This is the same bunch as my old car loan that ive cca'd ( and received nowt so far)

i'll sort the pdf's later

martin

was hoping you'd pop in..interesting this one

esp the poc..

PoC is twaddle, bluestone arent the original creditor and cant be said to have provided the credit via an agreement.

As its an issued claim, the defence will no doubt be a no paperwork/holding one as i cant for the life of me see how there is a bluestone credit agreement.

Very interesting one for me too, mine hasnt got as far as a claim being issued and i hope it never does.

docs sorted

and 5 rivers involvement revealed

this will go nowhere.

simply a speculative claim by cabot hoping for a non contested default judgement.

you got spoofed into VS when it should have been VT with nothing further owed.

you might even be able to void the agreement here .

and get all you money back.

combined pdf file

docs1.pdf

How can you have failed to comply with a default notice on 8/1/10

When the default notice is dated 10/3/10?

not sure on that one but there might be a default notice issued in November that i never got but the 8th of Jan says agreement terminated so thay must of reinstated it , i didn't Sine any docs or agree with them to re issue

How can you have failed to comply with a default notice on 8/1/10

When the default notice is dated 10/3/10?

Hi Martin2006, could i not use this as part of my counter claim as thay have asked me to return the vehicle therefor thay cannot use the term that i surrendered the car back, if no other default notice issued other than a missed payment letter. I have no other letter from them only one on 15/ Oct for missed payment and one on the 4 Oct giving notice of arrears.

on another note if thay sell on the loan and says your terms and conditions remain the same what does that mean.

PoC is twaddle, bluestone arent the original creditor and cant be said to have provided the credit via an agreement.

 

As its an issued claim, the defence will no doubt be a no paperwork/holding one as i cant for the life of me see how there is a bluestone credit agreement.

 

Very interesting one for me too, mine hasnt got as far as a claim being issued and i hope it never does.

in the particulars it says agreement with blue motor fiance but on the letter head of the letter i uploaded from blue motor finance it says formerly park motor finance ltd, but park went insolvent in 2014 blue motor seem to have all the details of park my account

thanks

At best its a very poorly written POC, the creditor at the time was Park Motor Finance and not Bluestone. In its correct format it should read that the agreement was with PMF and subsequently ownership transferred to Bluestone etc, but thats something you can use against them , along with what appears to be an invalid DN if that really was issued 2 months after the account was terminated.

Hope you have acknowledged the claim and sent the CCA and CPR31:14?

Look for a no paperwork/holding defence and adapt it to your POC, being careful to respond to each and every point raised.

Pop it up for checking well in advance of when its due to be filed and do not miss the deadline for filing.

cpr31:14 sent to solicitors 06/04/17 7 day notice

cca sent to Cabot 10/04/17 up to 40 days notice

cca sent to bluestone 10/04/17 up to 40 days notice

sar sent to blue motor fiance 10/04/17 7 day notice

so the fight is now on and i think i have 3 ways to play this, going to leave it till the last few days to see which way i go.

1 no paperwork/holding defense

2 no such credit agreement with the them

3 counter claim for the invalid default notice unlawful s90 91 but on the down side i have got to get 3 lines of defense to do

what does the site think, am i on the right track.

DM

look what i found in a some ones else post, same person working for park and blue?

cpr31:14 sent to solicitors 06/04/17 7 day notice

cca sent to Cabot 10/04/17 up to 40 days notice

cca sent to bluestone 10/04/17 up to 40 days notice

sar sent to blue motor fiance 10/04/17 7 day notice

 

so the fight is now on and i think i have 3 ways to play this, going to leave it till the last few days to see which way i go.

 

1 no paperwork/holding defense

2 no such credit agreement with the them

3 counter claim for the invalid default notice unlawful s90 91 but on the down side i have got to get 3 lines of defense to do

 

what does the site think, am i on the right track.

 

DM

Just wanted to clarify a few things for you dodgers.

1. CPR 31:14 has no real timeframe

2. CCA has 12 +2 day timeframe before they are in default but no real timeframe if they produce it at a later date, just means that after 12+2 days they cant move forward without it.

3. CCA as 2 above.

4.SAR has 40+2 days to comply, if they dont complain to the information commissioner.

5.No paperwork/holding defense will be correct if they faill to supply and documentation by the time your defense is due to be filed.

6. Forget any counterclaim re default notice, thats not your objective here.