The type of doc is registered charge and the date on that charge

ok thank you

That will come back pretty quick!!!

Thread opened for posts

Thanks unclebulgaria67,

Ascent legal have applied to lift the stay and there is a hearing on the 24th of September.

In our original defence we requested that we be allowed to submit a new defence should they produce the documents relied upon for the case.

They produced the dubious documents several months later so how do we go about submitting a new defence based on the fact that the alleged documents are not in any way shape or form true representations of the originals and have been created/doctored to suit the needs of this case?

Received a letter from them this morning in response to a letter I sent them outlining our situation financially, physically and mentally.

They have said that "their client is keen to resolve the matter without further recourse to litigation" and can we fill out an income and expenditure form with proposals of payment for their consideration. If we can agree suitable repayment terms the client ( Cabot ) would look to vacating/cancelling the hearing.

The whole point of this is the fact that we cannot afford to live at the moment.

I have a long term progressive illness that means I cannot works again and my wife works for just above the minimum wage and sometimes can only work part time due to my hospital visits/stays and having to care for our children.

We as a family of 4 rely on her wage and tax credits to survive.

Is there any point in trying to negotiate with them when we can realistically not afford to offer anything towards their claim of over 11k or should we just take our chance with the judge at the hearing? 

can you scan up what they have sent to ONE multipage PDF

read upload

what are they litigating over?

its a secured loan ?

so they are going for a CCJ?

please also complete this:

dx

Do you want the letter sent today or everything prior? there is probably over 30 pages.

It was a secured loan that was later rewritten.

They issued proceedings in February 2017 but the case was stayed because they could not produce the paperwork.

They sent out the dubious paperwork in November last year

then we received the court papers a few weeks ago to say that they were applying to have the stay lifted on the grounds that our defence was no longer valid as they had produced the paperwork.

We would also like to know why they are going for a CCJ when the loan is secured but the problem lies with the legal charge.

The copy they sent us in the paperwork contains my wife's married name and so does the alleged credit agreement sent to us.

Both have her married name handwritten on them but both are signed by her in her maiden name because the loan was took out 2 years before we were married.

We have obtained the original legal charge from land registry and it is correctly in my wife's maiden name.

It looks like the documents sent have been altered/doctored to suit the needs of the case.

The legal charge has an account number crossed out and our account number written in.

Our defence is that these cannot be true copies of our agreement as she was not known by that name at the time and we have typed documents from the original loan ( before the rewrite ) in which her name is correct and typed in not hand written in both the loan agreement and the Legal charge.

reading back the thread to 2014

you state you still had the original documents?

I have them for the original loan, not the rewrite. These are the ones that are typed and not hand written.

get scanning what they have sent please.

one multipage PDF only

read upload.

and get that Q&A link done and post up the org defence you filed too.

dx

[if there are more than one defendant listed - tell us]

2 defendants, me and my wife ( not wife at the time of loan )

Name of the Claimant ? Cabot Financial Ltd

Date of issue – 08/02/2017

Particulars of Claim

What is the claim for –

1.By agreement(s) entered into by the claimant and the defendant. The defendant has failed to pay the sum of 11k+ .

2.The claimant has requested payment but the defendant has failed to pay the sum demanded.

3.The claimant claims the sum of 11k+ and interest under s.69 of the County Courts Act 1984 at a rate of 8% per annum from 7/02/2017 until judgement or sooner payment.

4.Costs.

5.The claim does not include issues under the Human Rights Act1998. The claimant has complied with sections III and IV of Practice Direction Pre Action Conduct of the Civil Procedure Rules.

What is the total value of the claim? 11k+

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

Did you inform the claimant of your change of address? N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Secured Loan

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

Do you recall how you entered into the agreement...On line /In branch/By post ? In branch

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No

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/ Debt purchaser

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

Did you receive a Default Notice from the original creditor? Yes but mine is dated 2 years before my wife's

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

Why did you cease payments? We were in financial difficulty and we lodged a complaint about being harassed for arrears at work etc.

What was the date of your last payment? July 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 but no DMP.

Scanning now

Do I send docs by pm or do I need to delete all personal details?

If I do this then you will not see the basis of my defence.

read UPLOAD carefully

yes we need to see your defence suitably redacted of pers info mind.

that POC is woefully bare

notice it says agreement

did they list any numbers 1 or 2.

as this is a re-write, then both must ne provided.

dx

I have wrote them exactly as they are on the original form, there is no mention of numbers 1 or 2.

I have scanned all documents I just need to remove information after the school run. The documents are scanned as best 

I can, the original quality of what I have been sent is not great.

I am unable to upload pdf as it is more than 4.88MB

then read upload carefully

and use the PDF reducer websites as recommended

I have tried the PDF reducer site but the smallest file it can give me with heavy compression is 15.7MB.

using a a4 scanner @150dpi or using a phone/picture of each page?

dx

using a scanner set at 600dpi

I will have another go tomorrow, I have been scanning and redacting for hours now.

No need for 600 dpi

read the upload guide

thats why we say @150dpi

else your files will be huge .jpg files

ok, I will redo tomorrow but as I said if I remove all the identifying info then you will not see the reason for my defence.

then i'm wondering if it was correct then....

use address A or B

or person A or b then.

but don't ID yourself no.

dx

Wondering if what was correct?