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majimix

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  1. That’s correct, got the letter back from Cabot in 2014 saying it was unenforceable and couldn’t take me to court.
  2. Charge is in name of Welcome Financial Services Ltd, Cabot haver sent over the attached paperwork
  3. Hi all, I've posted on this topic several times over the last 10 years on an old thread , I'm after a bit of advice on the following - Back in 2014 I requested information under the Consumer Credit Act to Cabot who have bought the loan, they wrote back to tell me that they have not been able to provide me with the requested information within the relevant time period. They then state "Your credit agreement is currently unenforceable which means they are not permitted to obtain a judgement or decree against me in court. Fast forward 8 years and I am currently selling my property, the solicitor has asked for more information on the charge on the Land Registry which reads - Date Charge dated 2008 in favour of Welcome Financial Services Limited. NOTE: Copy filed I have contacted Cabot today and explained their previous letter and told them I want a Full and Final offer so I can get this off the land registry, they now claim they have the relevant docs and will send out via email to me today. I'm not sure what to make of this now, any help appreciated
  4. Right done and the automated reply has returned ! What's best now, ring them in a few days to make sure they have the defence ?
  5. Thanks, I looked on the claim form and just couldn't see it !! So I submit the defence to that address then ?
  6. I've been trying to file the defence for the last half hour, just says my claim number or password is wrong yet, they are the same as on the claim form, any ideas ?
  7. Ah right, whats the best thing to put there ? Im not to sure, reason was due to unemployment .
  8. That's great, I just numbered them wrong, thanks Andy !!Do I submit the same way I ackd ?
  9. 1.- an agreement made between welcome finance and the defendant made on or around a date in 2008 WLCF agreed to LOAN the defendant monies under the terms and conditions set out therein, 2.in breach of the agreement the defendant did not pay the instalments as they fell due and the agreement was terminated, 3. the agreement was assigned to the claimant in June 2014. The claimant therefore claims £11,600 DEFENCE: I contend the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. I have held an account with Welcome Finance however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78. 2. 3. I deny receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim. 4. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) Show how the Defendant has entered into an agreement with the Claimant; and (b) Show how the Defendant has reached the amount claimed for; and © Show evidence of service of a Default Notice and Notice of Sums in Arrears (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed. 6. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Act 1974. 17. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Would it look something like this ? Thanks for your help by the way !!
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