I do have bank statements showing the payments though?

No I stupidly stopped paying when I received a couple of letters from Mckenzie hall telling me to cancel the direct debit. I don't have them anymore though

Brilliant thanks Andy. I will prepare something now

ok thanks. So today I have received a letter from Cabot (2nd class post!) in reference to the CCA request saying that they "don't have this information on file" and that they have requested the info from Welcome under section 77/78. They also say that they will try and provide it within 40 days and if they can't they will write to me again..... So it looks like no-one has any info? I obviously can't wait 40 days. Is this enough for me to file a defence saying that they have no evidence of their claim?

Ah ok thanks. I will hang on to see if they respond to my CCA request from 1st July in the first instance. What about the fact I had already offered FF&s to another company for this debt and therefore dispute that cabot bought the debt from welcome? Sorry for all the questions, I am just trying to formulate a plan in my mind!

That's what I thought! Could my defence be that they don't/won't supply paperwork though?

Thanks Andy. should I agree to the extension and inform the court as they suggested?

Hi Andy et al! today I have received a letter from Mortimer Clarke acknowledging my letter. I though i'd type it up here and see what you think; "we note your assertion that the written agreement should have been attached to the particulars of claim however the claim was issued by the Northampton CCBC. There is a requirement in paragraph 7.3 of practice direction 16 (supplemental to CPR16) for documents to be attached for the particulars of claim. However paragraph 1.4 of practice direction 7c (supplemental to CPR7) clearly states that this does not apply to claims issued by CCBC. There was therefore no requirement under the CPR for documents to be attached to the particulars of claim. If you disagree please explain the precise legal basis. You have requested a copy of "the assignment". We are instructed that a notice of the assignment was sent to your last known address by our client at the time of the assignment. Our client considers that it has no statutory obligation to provide you with any further documents in relation to the assignment. It has complied with it's statutory obligations by sending you notice of assignment in accordance with section 136 of the Law of Propoerty act 1925. If you disagree please explain the precise legal basis. You state in your letter that where you have requested a document the original of which is now in the possession of another person that we have the right to possession of the document if we have referred to it in our case. Please provide the legal basis for this assertion. If you request a document which is held by a third party we cannot see that they would be compelled to produce that document unless you had obtained an appropriate order against them from court. We have requested documentation from our client and will revert to you once we hear further from them. In the meantime our client would agree to a 28 day extension for the filing of your defence. We claculate that your defence would be due by August 27th 2014." etc etc it would appear to me that Mortimers are sticking two fingers up to me! It would appear they feel they don't have to provide any evidence whatsoever to their claim..... ......which makes me wonder if they actually have any? Please advise!

Great thanks for the update jcoop

Jcoop, can you answer Andy's question please about the CCJ? I'm keen to understand the outcome. many thanks

Thanks so much Andy, I'll wait to hear. Out of interest, if I were to try and settle before it went to court with mortimers could I offer a reduced final lump sum and would they then withdraw the claim from court ie no judgement? I am desperate to avoid a CCJ Thanks for your advice and sorry for the questions but I'm not sure what I'm doing!

You have received a claim form. In order for us to help you we require the following information:- 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. 27th 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) 30th July 2014? 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 an agreement between Welcome Finance ("WLCF") & the Defendant on or around 04/06/2007 ("the agreement") WLCF agreed to loan the defendants monies under the terms and conditions set out therein. In breach of the Agreement the Defendant did not pay the instalments as they fell due & the Agreement was termintaed. The Agreement was assigned to the claimant on 25/06/2013. THE CLAIMANT THEREFORE CLAIMS: £3356.45 What is the value of the claim? £3356.45 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? No Is the claim for a current or credit/loan account or mobile phone account? Welcom Finance loan - unsecured When did you enter into the original agreement before or after 2007? 04/06/2007 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 purchaser Cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? Can't remember but I don't think so Did you receive a Default Notice from the original creditor? Can't remember but i don't think so - nothing on credit file for this debt Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments:- I was on a management plan when i received a letter from Mckenzie Hall (don't have it) telling me to cancel my direct debit with Welcome as they had bought the debt. I then replied to Experto credit offering full and final settlement in June 2013 but never heard anything back (I have original email sent date and letter) 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 management plan? This debt was already a reduced payment plan paid by direct debit every month

Thanks Andy. I copied and pasted the link questions but it seems to have disappeared! I'll try again now

Thanks DX - Isn't the SAR with 40 days grace though? Will I have time?

Hi there i am new to the site and have today received a court claim from Mortimer Clarke solicitors acting in behalf of cabot who have bought a welcome finance debt of mine. Date of issue: 27th June 2014 Date received 1st July 2014 Particulars of claim: "by an agreement between welcome finance (WLCF) and the defendant on or around 04/06/2007 (the agreement) WLCF agreed to loan the defendant monies under the terms and conditions set out therein. In breach of the agreement the defendant did not pay the instalments as they fell due and the agreement was terminated. the agreement was assigned to the claimant on 26/06/2013. The claimant therefore claims £3356.45 the original loan amount was £2500 I have acknowledged the claim today on MCOL and asked for more time. I paid this debt by monthly direct debit right up until June 2012 ( at an agreed reduced rate with welcome finance as I ran into difficulty) when I received a letter from Mckenzie hall instructing me that welcome had sold them the debt and I was to cease payment to welcome which I stupidly did. the next communication I received was in feb 2013 from experto credit claiming they had bought the debt. I wrote to them offering a reduced full and final settlement letter but heard nothing back so thought it had gone away. Since then I have now had letters from cabot claiming I owe them and that welcome sold the debt to them! Cabot have now instructed mortimer clarke and now I have court papers. I have aver sent off the CCA to cabot and the CPR to mortimers. What should I do now? I am really cross as I have just cleaned up my credit file and don't want a CCJ. I have checked my credit file and there is no mention of this debt by welcome, cabot, experto or anyone. My file is clean. Please help!