Any help appreciated

I bought a car on HP in 2003,

It was beyond my means and I only made 4 repayments -the car was repossed in 2005.

I had a company called Marlin ringing me at work constantly and I was bullied into paying £15pm

- I moved house and changed banks and the payments stopped in 2013.

In 2015 I had letters from Cabot requesting money - over the years I have argued with them over the debt.

They say it was assigned to them in 2016 yet I have statements from the original HP company in 2007 showing the balance

- so how can they have it assigned if it was still with the original lender.

It was due to become statute barred on 01/02/19

- however Mortimer issued an online claim on 27/12/18

- I defended and requested a SAR

- they have only sent me 2 out of 9 pages of the credit agreement

- which includes PPI and Gap insurance.

There are various inconsistencies in the paperwork, dates amounts etc.

Do I stand a chance in court of getting the claim in my favour or should I just negotiate with the Solicitor on a reduced amount?

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do-**UPDATED-2018**(1-Viewing)-nbsp

Please read and complete. Do not communicate with them and do not go offering any settlement offers. They do NOT chase legit debts. They chase ones that are unenforceable, hoping people buckle and offer them something. Especially as marlin managed to get something from you years ago.

In your case, i suspect that it is extremely unlikely theyll ever get the paperwork needed to enforce this debt.

Thread moved to Financial Legal Issues Forum...please continue to post here to your thread.

I assume the claim is currently stayed as you defended and it was issued in Dec 2018 ?

Andy

Name of the Claimant ? MCE Portfolio Limited

Date of issue – 27/12/18

Particulars of Claim

1.The claim is for the balance of instalments due & unpaid under an agreement dated 04/07/2003 & under which BRITISH CREDIT TRUST LIMITED agreed to provide credit in relation to the purchase of goods payable by instalments ("the agreement").

2.The agreement was assigned to the claimant.

PARTICULARS

1. Amount due & unpaid £4,903.63

THE CLAIMANT THEREFORE CLAIMS

1. Amount due and unpaid £4,903.63

2. Costs

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? YES

Did you inform the claimant of your change of address? NO

What is the total value of the claim? £4,903.63

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

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

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 but never provided me any paperwork confirming assigned

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes because they kept ringing me at work - but no official notice

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 - only 3 for years 23/10/12 to 22/10/2013 and 23/10/13 to 22/10/14 and 23/10/14 to 22/10/15 ALL SENT and dated 15/11/15 - I have copies

Why did you cease payments? I moved and changed bank account

What was the date of your last payment? 01/02/2013

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? No

I defended and was told by the court that Mortimer Clarke had not responded so the claim

- was stayed

- I was told I could apply to strike out

- which I did on the grounds they hadnt responded

- the judge found in their favour as he said they didnt have to respond

- so he lifted the stay and now I have 14 days to file my directions questionnaire

- mediation, pay up or go to a hearing

The notices simply say Statement of your Account and the opening and closing balance not Default notice and are from Cabot (Marlin) Limited

British credit trust, the biggest whatsits out there for loading everything but the kitchen sink onto an agreement, and you'll have repo fees too.

sadly none of that makes any difference now.

so you have an N180 in your hands now then that you've got to return?

can you scan up their documents return to ONE multipage PDF please

read upload

thread title updated for clarity

N24 form sent by email not had the N180 in the post yet

email? from whom?

The court - I phoned them on Friday to see what the outcome was - I can scan documents tomorrow from work - which ones do you want?

the ones regarding the debt. [sar ..why you sent that I don't know..should have been a CCA request and a CPR 31:14]

- - - Updated - - -

who sent this n24 by email?

The n24 came from the County Court Business Centre. I sent a sar to Cabot (Mortimer Clarke)

I defended and was told by the court that Mortimer Clarke had not responded so the claim- was stayed Normal process

- I was told I could apply to strike out ..you cant strike out a stayed claim..there is nothing to strike out

- which I did on the grounds they hadnt responded ...you cant

- the judge found in their favour as he said they didnt have to respond Correct

- so he lifted the stay and now I have 14 days to file my directions questionnaire Then file it with court and serve a copy on the claimants sols by the date stated

Andy

Should I defend?

They have only given 2 of 8 pages of the original agreement

They also say that the date of assignment was 09/01/2006

- yet I have a statement from BCT showing the debt was still with them in 2007

- both MCE statements and BCT are different

- the MCE one starts with a balance in 2004

Should I defend?

You already have...this is now allocation to transfer the claim to your local court...submit the DQ as stated.

Hi You made some comments on a thread the other day - I wonder if you could help me.

1. I have a letter that says Cabot own the debt but the claim was made by MCE portfolio - I have checked with companies house and they are different companies.

2. So far they have only provided 1 page of a 3 page agreement.

3. I have 3 statements - MCE, Cabot and BCT - all with differing amounts owed, in fact Cabot say they bought it in 2006 0 yet the BCT statements show it will still with them in 2007 - and the statement says written off (18 months after Cabot say they bought it from BCT)

Is this enough to get it thrown out

Scan and Upload all your docs that you have connected (Redacted) and we will try to unravel the smoke and mirrors

Ive not uploaded them as i need to remove the private stuff?

correct

read upload

it tells you want to do.

redact as a picture file JPG THEN convert everything into ONE multipage PDF file

dx

Ive not uploaded them as i need to remove the private stuff?

Thats why I stated " Redacted "

The UK purchasing companies in the Cabot Credit Management Group are

Cabot Financial (UK) Limited,

Marlin Capital Europe Limited,

MCE Portfolio Limited,

MFS Portfolio Limited,

Marlin Europe I Limited,

Marlin Europe II Limited,

ME III Limited,

ME IV Limited,

Marlin Europe V Limited,

Marlin Europe VI Limited, and

Cabot Financial Portfolios Limited.

I have a letter regarding a complaint from Cabot Financial (UK) Limited

yet the claimant on the court form was MCE Portfolio

They did not purchase the debt and are therefore not the legal owner of it?

cabot financial (UK) Limited say it was assigned to them - although they have never given me a notice of assignment

- - - Updated - - -

but the claimant was MCE portfolio -is that significant

all the same group

not an issue.

OK - the other issue issue is that I have not received a complete CCA - at the bottom it says page 1 of 3 the 2 and 3 pages are missing

Until you upload documents in connection with court documents and a copy of the defence you submitted its very difficult to advise any further as we are currently commentating on your hear say.

Didn't British Credit Trust take some of the deposit off the insurances that was paid off the original agreement, that they weren't allowed to do?

I've been in dispute since 2010 regarding hidden broker fees that weren't disclosed to us.

Hi  I have complained to them so much over the years - its come down to the fact they cant supply a full legible copy of the CCA - the solicitor has acknowledged without it they cannot proceed with my case!!

I know BCT dont have it because I have emailed the legal guy on their website (Adrian)