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  1. Yes, the court gave the claimant the usual 28 days to respond to my defence. They were unable to provide any of the requested paperwork so the claim was stayed. Received a letter shortly after from Caboot to state that although the debt was unenforceable through the court they still expected payment. Ignored their daft logic and not heard anything from them since. Huge thank you for the support and advice from anyone that helped and apologies for not posting the outcome sooner!
  2. Ignore the above, have finally managed to log on and submit my defence. Thanks for all the advice thus far. I will respond when I hear anything further. I used the following no paperwork defence adjusted to include my section 78 and CPR 31.14 requests: The defendant contends that the particulars of the claim are vague* and generic in nature. The defendant accordingly sets out its case* below and relies on CPR r 16.5(3) in relation to any particular* allegation to which a specific response has not been made. 1. Paragraph 1. It is accepted that in the past the defendant had* an agreement with Citi Financial to provide credit card services. 2. Paragraph 2 is denied. The defendant has no receipt of a notice* of assignment from the claimant. Furthermore, the claimant has* failed to issue any default notices, notice of sums in arrears or* statements since the alleged assignment and is therefore prevented* from seeking relief pursuant to the CCA 2006 amendments. Therefore, the claimant is to put 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 and; c) Show any evidence of the service of notice of sums in arrears* and; d) Show how the claimant has the legal right, either under statute* or equity to issue a claim. 3. As per the civil procedure Rule 16.5(4), it is expected that* the claimant prove the allegation that money is owed. 4. 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* contravention a of Section 136 of the Law of Property Act and* Section 82A of the Consumer Credit Act 1974. 5. On the 17th August 2014 the defendant made a legal request by* way of Section 78 to the claimant. The claimant responded on 26th* August 2014 stating that they do not hold the information on file.* The claimant has therefore failed to comply with the Section 78* request and are unable to claim relief until compliance. The* defendant also made a CPR 31.14 request on 17th August 2014 to the* claimants solicitor to obtain information pertaining to the claim.* The claimants solicitor responded on 27th August 2014 stating* they, "were taking their clients instructions in relation to your* request and would come back to you as soon as we can". The* claimant has failed to address this request and forward any detail* or proof on which to base a defence. 6. By reason of the facts above it is denied that the claimant is* entitled to the relief claimed, or any relief. (Ignore the * it's the ways it's cut and paste).
  3. Having huge issues with the MCOL site, can't log on. Got my user ID but had to reset my password. Have the 2 parts of the password but they are not working on the website. I calculated my last date for defence to be 13th September. If I use the paper form, date it today and post it tomorrow special delivery would it be accepted???
  4. Would anybody be kind enough to help me or link me to help in drafting a defence where the claimant has no paperwork. CCA request from Caboot says they have no agreement and are referring to the original lender (communication received 12 days after my request) CPR31.14 From Mortimer Clarke say they have no paperwork and advising an additional 28 days to file defence whilst they look for it (communication received 10 days after request) I'm ignoring Mortimer Clarke's reference to an extra 28 days and need to file online tomorrow. Citi Finance returned my postal order yesterday with a request for copies of ID as may address is different to what they have on file.
  5. I suppose what I don't understand is why BOS would mark my account as satisfied in May 2010 and then have HB&S contact me in Nov 2012? At no point did HB&S say they had purchased the debt from BOS, just they were acting on their behalf. Same with drydensfairfax, albeit with a dodgy intro letter proporting to be BOS. I'm surmising that the difference between what I originally borrowed and what it sold for was £7k, but the last amount shown on my credit file just after the sale of the property was £20k, it was then immediately marked as satisfied. I expect the difference to be made up of mortgage arrears, interest, charges and fees associated with the sale. Either way, the figures claimed by the 2 debt collection firms were £26k??? If BOS did write it off and mark it as 'satisfied' am I opening up a can of worms by sending the SAR or will they just reply with the facts and treat is as satisfied? Presumably if I send the SAR to BOS I am ok ignoring drydensfairfax in the meantime? Thanks- really appreciate your help so far!
  6. Thanks, have read the other threads. I have 2 searches on my credit file, both conducted on the same date in Jan 2014 described as 'Admin reviews'. One recorded as 'Bank of Scotland Plc (Sr, Sa, Tac) HBOS' one recorded as 'Bank of Scotland Plc (Sr, Sa, Tac) HBOS Mortgage Recoveries (HendersonBoothsnell)' Assuming HBS where acting on behalf of BOS (as they claimed) then BOS had the opportunity to write to me and chose not to (as HBS had my address). Presumably if those credit searches are BOS then again, they've got my correct details and not contacted me. They haven't contacted me at my last known address prior to purchasing the property that was repossessed, which was my parents address used on my original mortgage application. The last shown amount in default on my credit file before the account was marked as 'satisfied' was £20,XXX. I originally purchased the property for £146,XXX with a mortgage of £131,XXX. My last known statement had a balance of £129,XXX. They apparently sold the house for £122,XXX although I only know this figure due to it being mentioned on the drydensfairfax letter. So, should I acknowledge drydensfairfax denying liability and ask them to prove it???
  7. Yes, I was definitely had by HB&S, something I'm not exactly thrilled about but could write off in my head if it turns out that BOS have already written this off and the debt collectors are chancing it! I'm sensing some link between HB&S and Drydensfairfax here. The more I look at the first letter supposedly from BOS introducing me to drydensfairfax, the more I'm convinced it didn't originate from BOS at all. It's worth pointing out that I have never received any correspondence directly from BOS - demands, statements, notice of assignments, nothing! I know I was stupid to pay HB&S but what's my next move? A prove it letter to drydensfairfax? I'm reluctant to send an SAR to BOS as I've had no contact with them at all and don't want to prompt them doing anything.
  8. Property was mortgaged in my sole name via Bank of Scotland. Account taken out in 2006. Was repossessed in 2009 following my redundancy in late 2008 and failure to pay. I had already left the property and wasn't involved with any of the process to repossess at the time. I didn't hear anything regarding the sale and subsequent shortfall until a letter from Henderson Booth & Snell (debt recovery agents) acting on behalf of Bank of Scotland on 27th November 2012. They stated the shortfall to be £26,XXX and offered the me the opportunity to pay a full and final settlement amount of £9,XXX or alternatively they would limit my personal liability to 50% of the original amount if I paid £50/month. Shaken that it was a large amount of money that had finally caught up with me, I filled in the standing order form and duly paid £50 per month every month from January 2013 onwards in order to limit my responsibility to ~£13,000. On 24th July I received a cover letter from Bank of Scotland telling me that they had withdrawn my account from Henderson Booth & Snell and passed it to Drydensfairfax. The accompanying letter from Drydensfairfax states I owe £25,XXX and as I have been making payments they consider the account not to be in dispute. They are asking me to make a repayment offer. Today I've received a follow up letter from drydens headed 'Notice of Recovery Action' giving me a final opportnuity to respond. I don't know what to do next and how to respond? I cancelled my standing order to Henderson Booth & Snell as soon as I received the letter, so my final payment to them was 12th July. I calculate that I paid £950 to them between January 2013 and July 2014. I've checked my credit report and my account with Bank of Scotland is showing as closed and 'satisfied' in May 2010 (one month after the property was sold at auction in April 2010). No other mention of this on my credit report at all under any other ownership. Having received the second letter from Drydens I am now extremely sceptical as to whether the first letter did originate from Bank of Scotland as both letters sent to me have the same return address, bar codes and font style used. The Bank of Scotland logo is faint and looks scanned in. The only information communicated on the Bank of Scotland page is my mortgage account number and balance owed. Are Drydens trying it on here??? The Bank of Scotland letter uses a PO Box 66, Rosyth, KY11 2WG address and the name on it is Paul Cameron. If my account is showing as 'satisfied' on my credit file, do I have to do anything? Thanks for reading.
  9. Thanks for the speedy reply theoldrouge, really appreciate it having never encountered this before. There appear to be charges on the account as the original default amount has increased by just over £300 without explanation, although this appears to be during Cabot's 'ownership' and added sometime between December 2010 and June 2012. I don't think I had PPI on the original credit card but I'm sure Citi would have applied charges for late payment etc. so I will send an SAR off to them. Is it wise to send a cheque or should I be getting a Postal Order?
  10. Name of the Claimant ? Cabot Financial (UK) Limited Date of issue – 12th August 2014 Date of issue 12.08.14 + 19 days ( 5 day for service + 14 days to acknowledge) = 30.08.14 + 14 days to submit defence = 13.09.14 (33 days in total) - What is the claim for – the reason they have issued the claim? By an agreement between CitiFinancial ("CFE") & the Defendant on or around 24/02/2005 ("the Agreement") CFE agreed to issue the Defendant with a credit card upon the terms and conditions set out therin. 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 02/09/2010. THE CLAIMANT THEREFORE CLAIMS 70XX.XX What is the value of the claim? £70xx.xx (~£7,000, exact figures disguised for forum post) 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? 24/02/2005 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 to Cabot and issued by them. However, Mortimer Clarke have signed as the Claimant (not sure if this matters?). Were you aware the account had been assigned – did you receive a Notice of Assignment? I do not have a notice of assignment. I have kept a few letters from Cabot, one dated 13/10/2010 asking for £6,4XX and advising of a home visit which didn't happen, follow up letter 17/12/2010 asking me to call them and 07/06/2012 advising me they had passed the account to Robinson Way with a letter attached from Robinson Way requesting payment. Nothing received from Mortimer Clarke prior to the Claim Form. Did you receive a Default Notice from the original creditor? No. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No. Why did you cease payments:- Was made redundant October 2008 and couldn't afford payments. Remained unemployed until September 2009 when I became a full time student for 3 years. Stupidly, I ignored all correspondence and buried my head! 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? No. I have checked my credit report this morning (Noodle) and the account is listed under defaults. Lender- Cabot Financial (UK) Limited {Note: no mention of Citi Financial Limited} Opening balance £64XX.XX (Default balance the same). Current balance £70XX.XX with a default date of 31/07/2009. I do not have history of my last payment made to Citi Financial, although due to the timeline of my redundancy I believe my last payment would have been towards the end of 2008. I will now log on to Moneyclaim to acknowledge receipt and request the full 28 days to prepare a defence. In the meantime, I would really welcome some help. 1. Should I now send a CCA1974 request to Cabot Financial Limited? 2. And a CPR31.14 request 1 (credit card/loans) to Mortimer Clarke? 3. Should I send anything to Citi Financial Limited? Thanks for reading.
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