Thanks dx

Thanks dx (and sorry about the template). we go into limbo until such time that they either find the original agreement and issue a claim form or I pay the debt off? Was hoping there was some statutory period after which I could have the whole thing struck out and forgotten

Hi guys, hoping someone can assist with the latest letter received from DLC... Below is a long-winded background to the simple question - "What do I do next?" I wrote on the 27th July 2016 requesting my CCA: Template removed - read our rules dx And received a statutory response on the 9th August 2016 stating DLC had requested it from the original lender, MBNA. I heard nothing until today, opening the attached scanned (and redacted) letter from DLC. In summary they state: Due to the age of the account the original executed agreement is currently unavailable; & Whilst we may not enforce the agreement, the monies remain outstanding; & They go on to quote McGuffick vs. RBS using it as a precident as to what is considered "enforcement" Thanks in advance one & all DLC Letter.pdf

Hoping someone can help me as it involves the same two parties - Capquest & Drydensfairfax. On the back of their original letter, I sent a CCA 1974 request to Drydensfairfax at the end of November 2015 requesting: true copy of alleged agreement signed true copy of deed of assignment Capquest acknowledged this request on the 11th December 2015 but was not supplied within the statutory 12 working days (even allowing for Christmas holidays). I received a County Court claim from DrydensFairfax dated 20th December 2015 (sent to an old address, despite their client Capquest having written to me at the new, correct address). In response to their CC claim I issued DrydensFairfax with a CPR 31.14 request. They wrote back on the 13th January 2016 telling me my Section 77-78 had been forwarded to their client. They also told me that the Deed of Assignment is a privileged document between the Originator & their client and that I wasn't entitled to view this, therefore, they'd not be providing it. They also stated that "In the interim, we can confirm no further action will be taken against you." Finally, on the 14th April they sent a letter telling me it included: A copy of the Credit Agreement Statements Notice of Assignment - a photocopy with no header, footer or any other "official" insignia Terms and conditions They claim to have addressed my issues in full and were "clearly in a position to progress our client's claim against you" but in the next sentence they offered me the opportunity to pay the sum in full or "discuss possible repayment options" I am confused! I don't think they've fully complied with my CCA/CPR requests and don't know why they're still offering to discuss possible repayment options if they're clearly in a position to progress their client's claim against me? Any advice?

So request for CCA was sent in and Cabot write back saying "as you're at a different address we need to check that it's really you before we can comply" - ironic seeing they'll happily issue court proceedings at the new address! The court then said that if they couldn't come up with proof of their claim i.e. CCA etc. then they would summarily dismiss it. Bang on the date the court would dismiss their claim Wright Hassall put in for an application for extension of 60 days "to allow the claimant time to obtain the necessary documents to evidence its claim" This seems nuts - why start a claim if they haven't got the documents to evidence? If they didn't have them at the start or since, why will they suddenly appear in the next 60 days (from the hearing on the 18th June). I want to write to the court and object - can I and is their a cute way of saying it?

Shall send the CCA & CPR 31:14 request today. Wrt dates, I received a notice from Northampton County Court that it is now a defended claim and I must complete & return the Form N180 (Small Claims Directions Questionnaire) by the 2nd April '15

Cabot have never sent a CCA back to me no, so I don't know if its enforceable. I do know that the original agreement was made in 2004. Name of claimant: Cabot Date of issue: 22nd January 2015 Particulars of claim: The Claimant’s claim is for debts arising from the Consumer Credit Act 1974 agreements. The Claimant is an Assignee of the following debts, notice of the assignment having been given to the defendant in writing. Halifax Credit Card. Account no. Despite demands for payment, the above sums remain due. The Claimant therefore claims the sum of 3,462.75 interest under s.69 County Courts Act 1984 and costs. Value of claim: 3,462.75 Has Claimant included section 69? : Yes The claim is for a credit card The original agreement was entered into before 2007 The claim has been assigned and the Debt purchaser Cabot has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? I maintain that the Claimant did not serve Notice of Assignment in writing in a competent manner Did you receive a Default Notice from the original creditor? I maintain that the original creditor did not serve Default Notice in writing in a competent manner as I continue to this day to pay a nominal monthly sum to their original bank account Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No, the only correspondence I have received from Cabot Financial was on the 12th February 2015 – a statement of account and notice of arrears. The statement actually showed the monthly payments I have been making for the period it covers (1/8/2014-31/1/2015). This is the only statement I have ever received from the Claimant to the best of my knowledge (see answers above) Why did you cease payments? I did not. After seeking advice from CCCS I wrote to the original creditor and explained that I was (and remain so) financial difficulty. I offered to make nominal payments of between £1-2 pcm which they accepted and I continue to make. 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? Yes, as per last but one answer. The original creditor even agreed to freeze interest on the account.

I rent my home, so don't know how that helps. Any advice or pointers greatfully received.

Hi guys, below my defence (for what it's worth). Attached is the answers to your questionnaire and other relevant documents. "The defendant maintains that the claimant did not serve demands for payment in writing in a competent manner. The defendant never received a Notice of Assignment to Cabot from the original creditor, Halifax. Further more, when the defendant received a letter from Cabot, they wrote (in May 2013) to them with a section 78 request (CCA), enclosing £10 and stated that as far as Cabot were concerned they had no knowledge of any debt that was outstanding to them, which would not be subject to the Statute of Limitations Act 1980 (the original agreement having been taken out with Halifax pre 2007). Furthermore, despite asking Cabot to supply the original creditor’s statements of account, showing when the last payment was made and when the account technically went into default (according to the accounts terms and conditions) the defendant received no direct response. Finally, the defendant has been making nominal payments (of between £1-2 p.c.m) as a token of goodwill & acknowledgment of the debt. This was done upon the advice and guidance of the Consumer Credit Counselling Service. The defendant notified Cabot of this and caveated the correspondence that unless they heard otherwise would assume that this arrangement was to the creditor’s satisfaction. They also sent out on an annual basis notice of their financial statement and in fact the next one would be due on the 1st April 2015 and be served, by recorded delivery to all creditors."

I have argued that the claimant did not serve demands for payment in writing in a competent manner. I never received a Notice of Assignment to Cabot from the original creditor, Halifax. Further more, when I received a letter from Cabot, I wrote (in May 2013) to them with a section 78 request (CCA), enclosing £10 and stated that as far as Cabot were concerned I had no knowledge of any debt that was outstanding to them, which would not be subject to the Statute of Limitations Act 1980 (the original agreement having been taken out with Halifax pre 2007). Furthermore, despite asking Cabot to supply the original creditor’s statements of account, showing when the last payment was made and when the account technically went into default (according to the accounts terms and conditions) I received no direct response. Finally, I have been making nominal payments as a token of goodwill & acknowledgment of the debt. This was done upon the advice and guidance of the Consumer Credit Counselling Service. I notified Cabot of this and caveated the correspondence that unless they heard otherwise would assume that this arrangement was to the creditor’s satisfaction. Wright Hassal have now issued court proceedings only yesterday I received two letters in the same envelope, one stating they would look to have my defence struck and proceed with the court case and the second offering me a 10% discount to settle by the 28th March 2015. Am I on a hiding to nothing and should I just get on with negotiating a better discount? I presume that Cabot would not have paid more than 20 p in the pound?

Hi Scott, I just came across your thread so I don't know how old or whether your resolved the issue. I have had exactly the same scenario but with Barclays. Did you uncover any useful information? If so please mail me directly on [email protected]