Big Shoooz
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Hi, I'm sorry but I'm back again so soon! I'm a bit confused about who the CCA request should be sent to now after reading more paperwork. The letter received from Restons (pre court claim) mentions "our client Cabot" but the last letter received from Hillesden T/A DLC says they have placed the account with Cabot BUT the claimant on the court form is Hillesden. Should we send the CCA request to Cabot or Hillesden? We don't have an address for Cabot.
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Ok great, thank you so much for all your help so far. Stay tuned as I may need to check in again soon! All the best
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Ok I will read some threads but first it's onto helping my friend with post 3. By the way, he is just defending all of the claim but NOT counter claiming, am I right?
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Why is that?
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Ha, yes that's all that's mentioned in the POC. Is that a good thing or a bad thing?
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The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and MBNA dated on or about Feb 2008 and assigned to the claimant. PARTICULARS a/c No **************** DATE 10/11/2015 ITEM Default Balance VALUE £7000 POST REFRL CR NIL TOTAL £7000
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Name of the Claimant ? HILLESDEN T/A DLC Date of issue – 02/12/15 Date to submit defence = 04/01/16 (33 days in total) - 4pm 4th JAN What is the claim for – The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and MBNA dated on or about Feb 2008 and assigned to the claimant. PARTICULARS a/c No **************** DATE 10/11/2015 ITEM Default Balance VALUE £7000 POST REFRL CR NIL TOTAL £7000 What is the value of the claim £7000 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CREDIT CARD When did you enter into the original agreement before or after 2007? AFTER (I THINK!) 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. THE DEBT PURCHASER Were you aware the account had been assigned – did you receive a Notice of Assignment? SEEMS TO HAVE BEEN A HOT POTATO SO UNSURE WHEN IT WAS ASSIGNED TO HILLESDEN OR IF A NOA WAS RECEIVED Did you receive a Default Notice from the original creditor? UNSURE Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? UNSURE Why did you cease payments? BECAME ILL, CEASED WORK AND ON BENEFITS SO NOT ENOUGH INCOME What was the date of your last payment? UNSURE BUT SOMETIME IN 2011 Was there a dispute with the original creditor that remains unresolved? NO Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? YES POSSIBLY Sorry about the "unsure" answers. My friend has stacks of paperwork and may be able to eventually find the answers!
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Hi, I'm hoping you can offer some advice for a friend of mine please. He has just received a Court Claim Form for an old MBNA credit card debt (possibly Virgin Credit Card) and doesn't know how to proceed. Long story short, he became ill towards the end of 2010 and began claiming incapacity benefit from January 2011. His illness is ongoing and currently no forseeable end. he could no longer afford to pay his debts after a short while and he thinks he informed some if not all of his creditors about his situation but none of them were helpful and so he ceased payments. Now he has received a court claim from Restons and is unsure of what to do. Since this debt dates back to 2008 there could possibly be some unlawful charges attached to it therefore meaning that all the money Restons are claiming will be false. Should he send the acknowledgment of service and a defence stating that he disputes the full amount and then contact Restons to ask them to prove the debt? Looking forward to any advice and help you can give please, he has to respond by 21st December. Thanks
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Brilliant! Thanks Andy. I will give it a whirl and hope for the best from Mortimers/Cabot. Am I likely to get called to attend court?
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Hi Andy, Thanks so much indeed for this, it is really good of you to take the time and give me so much help. I think I only have to amend a couple of things. One is that there are two point 5's so I will change the second point 5 to point 6 and so forth so that I end up with 9 points in total. Also, I will amend the date the NOA was allegedly received by me to August 2012 not 2013. I also think I should delete the line in the second point 5 which states: "with regards to my CPR 31.14 request have stated that they are under no obligation to disclose any documentation on which their claim is based." because they have never mentioned this to me since they issued the claim. Does this sound right? Also, should I end my defence with "I believe the facts stated in this Witness Statement are true"?
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Hi Andy, There is no account number mentioned on the POC just a reference number shown under the address for sending docs and payments but I can't link this reference number to anything.
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Hi Andy & DX, I'm trying to find info from other threads before I post because I know you are too busy to help each individual but it's a case of "can't see the wood for the trees" as there are so many threads, some of which aren't as advanced as mine and some of which are for different types of claims. I'm not being lazy and expecting you to tell me what to put in my defence word for word but I just need a bit of guidance. Perhaps there is one thread you can link me to that would answer all my questions? I really do have a real bad concentration problem and get easily confused with all the legal terms and jargon (due to my illness I'm afraid) and this is the first time in my life I have been in this situation.
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Hi, Sorry to pester but since I need to defend the claim today can you please advise me on my last post? Thanks so much
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Ok DX, thank you. How would I word that in my defence? Just pure and simple English or in a legal term way? What usually follows situations like mine? Would I have to attend court at some stage for this?
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Thanks. So is my defence based on non receipt of the requested docs (ie, non-compliance therefore debt unenforceable)?
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I'm going to defend a County Court Claim I have received from Mortimer Clarke / Cabot but I just need to check a couple of things since this is the first claim I have ever received. The date of issue is 17th June so am I right in thinking that I need to defend it by 20th July? If so, does that mean I have to file my claim online on 20th July or on 19th July? I have sent a CCA and CPR31-14 request but so far received nothing back so I'm hoping nothing will turn up in tomorrows post either and will then use this as my defence.. ..would this be accepted as a defence?
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Thanks, but I don't know where to start looking! Can you give me any pointers please?
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Ah right, "when do I file defence" was going to be my next question so thanks for answering already! So do I now just sit tight and do nothing for now? Sorry for all the questions but this is a new experience for me
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Thanks DX. So do I use non-compliance as my defence? What happens if I receive the CCA & CP31.14 docs late but still in time for me to put my defence forward?? Also, can you direct me to some threads to give me an idea of what could happen next? Thanks
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Natwest Loan showing as Settled on my Credit Report
Big Shoooz replied to Big Shoooz's topic in NatWest Bank
Thanks Ims21, I don't check my credit file very often because my rating is so bad but this account was changed to settled in November last year so it's taking quite a long time for a new owner to claim it. Could there by another reason? -
I have an unpaid personal unsecured loan from Natwest which was taken out many moons ago. It has now appeared on my credit report as a closed and "settled" account. I haven't paid off the full amount and I haven't agreed as reduced settlement so what could this mean? It is not showing on my report against any DCA.
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I've actioned all of those things now. What can I expect to happen next?
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I have answered the questions as best as I can. My answers are in blue font as follows:- Name of the Claimant ? Cabot Financial (UK) Ltd Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 17 June 2014 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. By agreement between Halifax & the defendant on or around April 2006 HLX agreed to issue the defendant wth a credit card upon the t&c’s set out therein. In breach of the agreement the defendant failed to make the minimum payments due & the afreement was terminated. The agreement was assigned to the claimant on Aug 2012. The claimant therefore claims £2265 What is the value of the claim? £2450 Has the claimant included section 69 interest (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? They have shown amount claimed £2265 plus court fee £105 plus Solicitor costs £80 giving a total amount of £2450 Is the claim for a current or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? Before 2007 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. Debt was assigned to Cabot 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? I must have but can’t locate it Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure, will need more time to check Why did you cease payments:- No income Was there a dispute with the original creditor that remains unresolved? No but if I deduct interest and unlawful late payment charges then the debt could possibly be reduced somewhat Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? They knew I was in a DMP for several years until even that became too much for me to manage and I ended it
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Hi, I think it is an Amazon credit card as I don't recall having a Halifax one, even though I did have a Halifax current account. I suspect it's on my credit file since I missed payments. I really can't complete the info you are asking for right now without delving through lots of paperwork. I can tell you the agreement was pre 2007. I just wondered what would happen if I ignored the claim and was issued with a CCJ? Would I be able to pay just £1 per month and what would happen if I then ceased payment? TBH, I have that much debt with no means of paying that I could do with being made bankrupt by a creditor because I can't afford to do it myself but what I don't want is for bailiffs to turn up at my door to take my possessions.
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I wish I knew!!
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