Thanks andy

Thanks dx and Andy, but I had actually already submitted it before I got your last messages as it was getting close to midnight and my internet connection isn't 100% reliable. I hope it will be ok. Or is it possible for me to submit it again?

I received a reply from Cabot Financial. Here is what is says:

--------------

An Update on Your Request

We are still processing your request, we have contacted the original lender for the relevant information. As we haven't yet been able to provide you with the information you have requested, your Credit Agreement is unenforceable until we are able to reply to your request.

This means we are not permitted to obtain a judgement or decree against you in Court.

What Happens Next?

Your balance is still outstanding, and while we cannot bring legal action against your account we are able to ask you to repay this amount, and you will still receive calls and letters asking you to pay.

We need to talk to you about setting up a Personal Payment Plan which is affordable, we can help you find the right way to repay this account.... etc

--------------------

So what do I do now? Thanks again for your help guys.

nothing- read the ack of your defence filing on mcol letter from the court..it tells you.

Thanks dx. Haven't received anything yet.

if you read other threads then

as you should in the 'downtime' in your thread now

you'll see they have 28days to do 'something' else it gets auto stayed.

would be useful to read around then you'll learn about whats might be the next stage..

cabot claimform loan

Thanks dx.

I've been reading up and realise that I have to wait for their next move.

But I haven't received anything in the post from the Court.

I've check MCOL again.

My defence was received on 03/12/2018 at 08:02:03.

Should I be worried?

why should you be worried?

unlocked

Thanks dx100uk. I've received an application notice from Mortimers Solicitors. They are applying to the court to lift the stay. 

I'm scanning the Application Notice. I'll upload it shortly. 

well until the court tell you so...

it could well be just them waving their naughty bits at you to see if you can be scared into wetting yourself and giving in...

dx

Thanks dx.

Heard nothing from the court yet.

Finally manage to finish redacting and compressing the documents.

There is an application form for the loan which has my name and address on the first page.

It has the account number on the last page on which I signed.

For the life of me I cannot remember taking this loan, but I must have.

It is not too strange.

Because of my previous stress I am not able to remember quite alot of things.  

I'm not sure what I should do next.

I've been trying to read other threads but I am really lost.

Can I make a defense or is it best for me to contact the DCA and make a payment arrangement?

docs1.pdf

Aww Tidot, I see that you are in a similar stage as my husband..  Hopefully they don't apply to lift yours, but I will try to keep you updated on what happens with my husbands' case which is on Thursday.  Dx and Andy posted some helpful stuff in my thread which you can use for yours if they lift yours. 

Don't contact them to make a payment arrangement yet, as they may not even apply to have it lifted.. 

HI @Tayen2 just got the court papers.

Hearing is on the 12th November.

I've been looking for the default notice but cannot find if they sent me one.

Hope that will be in my favour.

All the best tomorrow.

Looking forward to hearing how it went.

Any chance you could direct me to the posts you've read.

Apart from your post I haven't been able to find anything.

I think I'm searching for the wrong thing. 

on what tidot?

Hi @dx100uk,  on how to make a defence at the hearing to lift the stay.

I'm not sure what my chances are.

I thought this was a loan I had made an arrangement to pay with the original lender, but I cannot find those payments in my account. So I haven't been paying anything. I still can't remember taking the loan, but the agreement copy is in the documents I received so I must have.

Is it worth me sending an income and expense form to the DCA and offering to pay 15% of the total in a lump sum?

I can borrow that from family.

Otherwise I have only about £10 each month after living expenses.  

Can the court force me to pay more than that if it goes to trial and the claimant wins? 

Based on what I've read in other posts, the claimant/lender haven't been sending me a Notice of Arrears every year, and the claimant didn't provide the credit agreement copy within the allotted timescales. If I've understood correctly, this will go in my favour?

Your not submitting a defence your submitting a witness statement in response to their application to lift the stay and request summary judgment.

Thread title updated

Andy

oh. thanks @Andyorch.  

Tidot, in the papers the court sent.. we had included all of the papers that the claimant said they sent.. it also included an index. Did you not get sent anything like that?

@Tayen2 All the documents I received from the court after the solicitors filed the N244 are uploaded in post #36. 

@Andyorch is it too late to try to arrange a payment plan through the solicitors? At the moment my monthly outgoings exceed my income. I own my own home and don't want a charge against it. Could they do that if I don't have enough income for the court to enforce a payment plan? 

After reading through other threads I'm not sure what my chances are that the court would deny the request to lift the stay.

I think I could avoid a summary judgement, but I really am not in any fit state mentally to go through a court process if it goes to trial.

What do you think of the documents that Mortimers/Cabot have provided so far?

Have they provided all the documents they need to and is the copy agreement acceptable in court? 

I haven't been able to find any default notice except the one they provided, and I'm pretty sure that I haven't been provided with one every 6 or 12 months.

Do I have a leg to stand on?

@Andyorch why do you think Mortimers applied to lift the stay with a hearing as opposed to without one?

Do you think it might be because the judge may have denied their application due to poor evidence?

ok just an update.

I've triple checked my bank and I am still paying £1 a month to HSBC.

It never stopped.

But none of the payments have been assigned to the balance according to the court paperwork and Cabot's paperwork.

Cabot says that the balance was £7042.65 at the time of assignment and they are still claiming this amount although I have been making £1 payments.

Would this make any difference to my defence please? 

All applications to lift a stay and then request summary judgment require a hearing.....it cant be done without one.

Have you got a total of the payments not accounted for ?

they don't send repeated DN.

just the one.

you need to search witness statement loan.

can you just confirm one thing..

the copy of the signed agreement has the same account number as quoted in their original POC?

and so does the default notice and all their letters.

@dx100uk thanks. I'll do that. So far in all the witness statements I've found, I can't see anything I can argue about except the length of time it has taken them to provide the proof, but from what I'm reading I don't think this is enough to prevent the judge from lifting the stay. 

Yes all the documents have the same account number. I never saw this account number on my credit record though. 

@Andyorch total of the unaccounted payments is about £24

good morning.

Just wondered if anyone has any advice re trying to arrange a payment plan through the solicitors?

At the moment my monthly outgoings exceed my income. 

I own my own home and don't want a charge against it.

That would certainly end my marriage. 

Could they do that if I don't have enough income for the court to enforce a payment plan?

Any help would be greatly appreciated.

Thank you 

is it a joint ownership?      be honest a charging order is common these days once a CCJ obtained, if no payment plan able then you have to come to terms with it,  have you a CCJ ?