its cabot they never chase enforceable debts anyway.

never had any other letters from them too?

can you scan the letter to pdf please read upload

I have now received data from Nottingham.

 

Particulars of claim state:

 

By an agreement between Welcome Finance and the defendant on or around 30/11/2006. (the Agreement) Welcome Finance agreed to lend the defendant monies.

 

The defendant did not pay the installments as they fell due and the agreement was terminated. The Agreement was assigned to the claimant. The claimant therefore claims the sum of.....

 

Claim was issued 11 January 2016.

 

Judgement states:

 

You have not replied to the claim form. It is therefore ordered that you will pay the claimant £..... plus interest to judgement date in installments of £50 a month.

Judgement is dated 4th February 2016.

 

The claim and judgement where sent to an address I left in January 2009. Amazingly they now seem to know my current address.

 

Any advice on how to proceed from this point greatly welcomed.

Well they certainly have a judgment...the fact that its not yet been registered is immaterial ...they have numerous ways to enforce the judgment ...AoE being one.......

Who knows if their letter is a bluff ?...they have the ammunition to carry it through...hence their 7 days option for you to speak to them.

Letter attached as requested. Feedback welcomed.

AOE Letter.pdf

Has anyone seen one of these letters from Mortimer Clarke before and do they usually follow through with the threat?

Hi All

It has been suggested to me that I should make an application to set aside a judgement on the grounds that:

1. The court claim was sent to an old address when it would not be difficult for the claimant to identify my current address as I have always been on the electoral role and held bank accounts showing on my credit file - they have managed to find my address easily enough after receiving the CCJ

2. As the claim was at an old address I will also have not received the assignment of claim from Cabot.

3. Cabot Financial (UK) Ltd are unlicensed.

Any thoughts as to whether this approach is worth my time and money?

1) From my knowledge - I understand that a DCA is entitled to serve a claim form on the last registered address

2) Same as 1

3) Cabot UK are licensed to completed DC related activities under one of their sub companies.

Old address wont always be a set aside reason... Is there anything else about the account in particular that stands out for you to dispute?

nothing yet. I have requested SAR from original creditor to see if that turns up anything. I think the original creditor (Welcome) was advised of change of address so maybe SAR may show this.

Only other thing is that court claim has wrong date for original loan agreement. It states agreement on or around 28/11/2006 but agreement was actually 10 months earlier. No idea if this has any value.

if a ccj is set aside, the claim will just restart.

so it wld be good to have a poss defence,

otherwise aiming to avoid a ccj on file (by entering into (and adhering to) a tomlin arrangement once (if) it restarts).

otherwise, you'll just get a ccj again.

is this related to any of your other threads

I am happy to enter into an arrangement to repay the debt, it is the ccj on my record I am more concerned about.

This thread relates to my thread regarding an AEO letter for a Welcome loan. I would wish to avoid an attachment to earnings as this will have a serious impact on my job.

The ccj stated a monthly repayment of £50.

Would it be a good tactic to write back to Mortimer Clarke, enclosing a PO for £50,

saying that I have not been able to make payments as i was unaware of the ccj

but now that I am aware I am happy to comply with the judgement.

Please find enclosed a PO to cover the first installment of £50 as ordered by the court.

Please provide your bank details so that I may set up a monthly payment of £50.

This thread relates to my thread regarding an AEO letter for a Welcome loan

https://www.consumeractiongroup.co.uk/forum/showthread.php?482915-unknown-cabot-Mortimer-CCJ-old-WElcome-debt-now-AEO-letter

yes that one, sorry for creating confusion

please keep to one thread

threads merged.

dx

nothing will remove the CCJ other than a set aside

or it reaching 6yrs old. or the claimant being very nice to you.

as in the now merged other thread

I cant see a reason for a set aside

nor a defence for the debt at the hearing

you need that sar.

I would never setup a DD with any DCA

standing order only IF you want to pay IF you need too

was this your ONLY welcome loan/refinance

This was/is my only welcome loan.

Apologies if my posts are all over the place. I am mainly concerned about how quickly they might obtain an attachment and whether that is likely to be before I receive the SAR.

well post 25 even if they do..so..

sorry if i am being thick, so wait for SAR but if in meantime they make application then call them and offer £50 and if they refuse advise them I will being submitting my own N245 to reduce.

Is that correct?

Anyone know the right address for Welcome Finance to send the SAR to?

look in the welcome finance forum address sticky on the homepage

In the guidelines for SAR it states to sign the request at beginning of post and not to sign at end of post.

Which is correct?

no it doesn't

read it again

got i now, sign if original creditor

thanks

should i use the generic SAR or the specific one from the Welcome Finance forum?

what address are you sending to.

the requests are similar, edit to suit, shouldn't make much difference overall.

I am sending to:

Data Protection Compliance Manager

Welcome Financial Services

KINGSTON HOUSE

CENTRE 27 BUSINESS PARK

WOODHEAD ROAD

BIRSTALL

BATLEY

WF17 9TD