Thanks for reply I am with noddle, but i can't see any info on the claimant. Might check out trustonline then.

I don't know.. can't see where it says on file

Thanks for the replies. I believe its for a Grattan Catalogue debt 2009 - CCJ 2012 That's the only debt on my file. i have blocked their calls and text messages. so i'm expecting to receive letters soon.

Hello for the first time ever i recently checked my credit file. All seems pretty good except that four 1/2 years ago someone obtained a CCJ for a catalogue debt (that is not in my name) at the address i lived six years ago I was not living at the address at the time so was unable to submit a defence. They would not have had a signed credit agreement I am concerned as recently i have received phone calls from Capquest asking me to contact them urgently. if their inquiry is in relation to the above how should i proceed? Thank you.

Thanks, Andy. i think i am just going to see what happens next.

Hi Andy. Firstly i received letter of acknowledgement from the HM Courts dated 31st July 2014 in response to my defence. the letter stated that if the cliament wished to proceed they had 28 days to respond, if not the claim would be stayed. Today 27th August 2014. i have recieved documents from cabot which they claim meets the requirements of the CCA they have sent me a few pages of photo copied statments of my account along with a photo copy of a credit agreement bearing my name and old address (which is not my hand writing) and is unsigned Cabot basically say in their letter that as they have complied with my request they can now enforce the credit agreement and are able to obtain a CCJ so they would like me to call them and discuss my repayment options and if they don't here from me within 14 days they may escalate the account within their collections procedures. your advice is appreciated. thank you.

Thank you Andy, i will do that today and keep you informed.

Ok thanks, Andy. i will wait to hear from you.

that was the last payment.

oh well. just spoke to them and unfortunately she said i paid £5 on 22/9/08 what now? thanks.

surprisingly managed to log in. but it wont display any transactions. the balance is less than what cabot claim. i'll give it a shot at calling them. thanks.

Hi Andy. I didn't know they would still have that information on file? and if they do would they just tell me over the phone without asking a load of questions? i probably did have an online account.

i know..i don't have a clue to be honest. i moved house 4 years ago and never heard anything for a long time. i stayed debt free. so to be honest they prob dont even know if i am in fact who they are looking for.

Hi Andy. would possibly have been 2008 no later than that. thanks.

Hello. after much stressing i've come up with this based on other peoples defences. Can i submit this online? Thanks dx Particulars of claim 1.By an agreement between JD Williams T/A Viva ladiva.com(VLD) & the defendant dated 10/06/2007 (the agreement) VLD agreed to issue the defendant with a credit account upon the terms & conditions set out therein, 2. in breach of the agreement the defendant failed to make the minimum payments due& the agreement was terminated. 3.The agreement was assigned to the claimant on 27/01/2011 the claimant has complied with sections 111 & 1V of practice direction - pr court conduct THE CLAIMANT THEREFORE CLAIMS 1404.32 Claim number ********* Between Cabot Financial - Claimant And ************ - Defendant Defence I, ********* of ********** Make this statement as my defence to the claim brought by Cabot financial Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR. No documents supporting the claims in the particulars have been offered and despite a request to the claimant on July 7th 2014 for further information none has been forth coming and as a result I cannot plead in defence to the claim The claimant pleads that the claim is brought under an “Agreement”, yet the claimant has not provided me with a true signed copy of any such “Agreement”. The defendant contends that point 4 in itself amounts to a clear abuse of the process as the claimant would know the law and is trying to bring a claim for monies which it is not entitled to and knows that this is the case Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit Further to the above paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed. Statement of Truth I ********, believe the above statement to be true and factual to the best of my knowledge

Thanks a lot. Will post back soon ☺

Hi, dx or anyone else. please can you give me some direction on wording my defence. i only have a few days left now. i have searched and looked at other threads but can't find anything that applies to my case. Do i just word it simply with the fact they haven't provided the documents that i requested? Help! Thanks.

Hello. i received letters from Cabot and Mortimer today. Cabot says, they don't have the info i requested but they are trying to get hold of it from the original lender and it could take up to 40 days. Mortimer say, they are taking their clients instructions in relation to my request and will come back to me soon as they can. Please can you advise on what i should do now? and also can you give me some help on how to word my defence. Thank you.

Ok thanks, dx. So whats the latest date i should wait before submitting my defence?

Hello. Cabot and Mortimer received my letters a week ago today, so how long do i give them to reply? thanks.

HI dx Here is the exact wording of POC By an agreement between JD Williams T/A Viva ladiva.com (VLD) & the defendant dated 10/06/2007 (the agreement) VLD agreed to issue the defendant with a credit account upon the terms & conditions set out therein, in breach of the agreement the defendant failed to make the minimum payments due& the agreement was terminated. The agreement was assigned to the claimant on 27/01/2011 the claimant has complied with sections 111 & 1V of practice direction - pr court conduct THE CLAIMANT THEREFORE CLAIMS 1404.32 letters have been posted today and i ack the claim online. Thanks

Thanks dx. will post the POC exact wording tomorrow. The letters will go off first thing.

Hi dx. just have a few questions before i proceed further. If i defend the claim and Cabot manage to provide a signed credit agreement or acknowledgement of the debt from me, what would happen then? Also when i defend the claim online what reason do i give? thanks for the help.

Have Just prepared the letters. will look at credit file tomorrow and post back. Thanks.

Hello. The claiment is cabot financial ltd. solicitor Mortimer clarke. the issue date of claim is 30th june 2014. the claim is for breech of credit agreement with JD williams home shopping. that i signed on 10/06/2007 reason is that i failed to make the minimum payments to them on time. i did contact JD williams at the time to ask if i could pay smaller amounts, i remember they refused and passed the debt on. a lot of interest was added and i was unable to pay. the debt was sold on to various companies over the years, i moved house. i did not acknowledge any of them debt assigned to cabot on 27/01/2011 i do not remember receiving an annual notice of default sums. thank you. amount claimed is £1404 with cost £1555