Sorry, no I wasn't clear. She signed both agreements herself in person at their old office here in Bristol. Things have gone a bit weird today: * Letter received from Shoosmiths advising they have sent a letter to the court. Letter says We confirm our client wishes to proceed with the action please arrange for the case to be assigned to Bristol courts (paraphrasing but that was the size of it); * the wife was freaked out by this and decided to ring Cabot and point out their solicitors still havent provided the documents required under CPR 31.14 - Cabot advised her they haven't appointed Shoosmiths and the account was on hold as far as they know! Suspect this will all just be a delay at best.... So situation: Shoosmiths - no reply as yet to CPR 31.14 request so I still dont have a notice of assignment, default notices or credit agreement from them. Did receive a letter saying they don't have them but have requested from Cabot and will be happy to allow 14 days from receipt of them to prepare our defence. They sent this over a week after deadline for defence though so that was already in following the guidance on this thread; Cabot - have provided a credit agreement, but it's the wrong one. Jen's loan was 'rewritten' when she first became ill. The agreement is the original loan - marked as 'settled in full' on Welcome's records. Statement they sent only shows the balance - should it not show the payments in / out etc? Welcome - have responded to SAR and provided a big wad of paper. It did have both agreements in along with lots of notes. Ultimately shows debt written off 18 months ago - but no copies of any default notices or notice of assignment there - should there be? Meanwhile I've scanned both credit agreements in case there's anything useful on them - I've hidden all the personal details: Original agreement: https://dl.dropboxusercontent.com/u/19139/originalagreement.jpg Rewritten agreement: https://dl.dropboxusercontent.com/u/19139/rewrite-agreement.jpg Any thoughts on where to go from here? Thanks, Steve

Hi Andy, Finally getting some responses. * I received a letter (10+ days after filing the defence) from Shoosmiths advising that they would be willing to offer an extension of 14 days after they got hold of the documents I'd requested from them - obviously I'd already filed a defence by this point; * I then (a week or so ago) received a letter from them advising they had received the defence and would consider it and respond in due course; * last Friday we received the copy of the credit agreement & a very vague statement of account from Shoosmiths. It was the wrong agreement (see below), and the statement literally showed 'balance outstanding' no break down of the transactions etc; * today I received the SAR output from Welcome; Having read though the whole SAR pack I've noted a couple of things - not sure if helpful or relevant: * The agreement Shoosmiths forwarded was for the wrong loan. My wife originally took a loan out, then her circumstances changed so Welcome 'rewrote' the loan under a new agreement number. So essentially the loan they're claiming against is settled by even Welcome's own records; * The replacement loan, according to the output of Welcome's system, was written off in 2011. Their system then shows the balance as 0 with a label of 'bad debt - write off'; Sadly, well kind of, the loan wasn't top loaded with PPI. And they do seem to have original agreements on file for both the original and rewritten loan. I will scan these tomorrow in case there's anything about them that's useful. Any thoughts on any of these bits? Thanks again for the help so far, Steve

Brill thanks for clarifying.

Ha thanks Andy - yes sorry, was asking a bit there Should I be worried about this auto reply from emailing the response in: Thank you for emailing the Money Claim Online (MCOL) Email Account. When you send an email to the Court and your email requires a reply, we will; Dispatch a reply to your email usually within 5 but not later than 10 working days of receipt. (please do not re-send duplicate messages) Will they treat it as received in time do you know?

Yes - looking forward to getting the pack of information - if indeed they can produce it. When my wife first struggled they did get her in to 'renegotiate' the loan apparently and supposedly gave her a much better rate. Seems very odd that they didn't give her copies of any of this paperwork so I'm hoping to find, as you say, that it's all PPI and other nonsense that isn't a real debt to pay... Will let you know if/when they respond to the SAR.

Thank you so much Andy, will adapt a little and fill in the blanks and get it over by email this afternoon. What is the likely response to this defence do you think?

Thank you so much. Will keep an eye on this thread tomorrow.

That would be amazing - if I send it by email tomorrow (the moneyclaim site isn't accepting the wife's login) to MCOL's email response will that count as being in time do you know? Totally screwed up my calculation of when I had to respond by

Hi Andy, Yes the letter to Cabot started: "Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974." and included the £1 fee. They responded to this one advising they didn't have that on file and had to request from Welcome, but they hoped to be able to supply it within 40 days. Thanks Steve

Thank you. Responses below: Name of claimant: Cabot Financial (UK Limited) Date of issue XX: claim dated 11 July 2014 - so Wed 13th August (Tomorrow) What is the claim for – the reason they have issued the claim? : I, the claimant claims the sum of XXXX.XX being monies due from the defendent to the claimant under a regulated agreement between the defendant and Welcome F (xxxxxx) and assigned to the claimant on [blank - not completed by them] , notice of which has been provided to the defendent. 2. THe defendent has failed to make payment i accordance with the terms of the agreement and default notice has been served pursuant to the COnsumer Credit Act 1974. 3. The claimant claims the sum of XXXX.XX plus costs 4. The Claimant has complied, as far as is n the pre-action conduct practice direction. Number. (the errors were theres, not mine - dates left blank, the last sentence incomplete, welcome f rather than welcome finance). What is the value of the claim? - just under £2k s the claim for a current or credit/loan account or mobile phone account? - Loan from Welcome Finance. When did you enter into the original agreement before or after 2007? - We believe it was December 2006, but haven't been able to get a copy of the agreement. 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. - claim raised via Shoosmiths LLP by Cabot, not by welcome. They advise in the particulars a notice of assignment has been issued but have failed to provide copy of this and it was never received by my wife. Were you aware the account had been assigned – did you receive a Notice of Assignment? - No, not aware. Did you receive a Default Notice from the original creditor? - no and no statements for years. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - no. Why did you cease payments:- - my wife became ill and was no longer earning / benefits were stopped so even the reduced payments agreed were no longer manageable. 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? - she was originally on a payment plan, but couldn't continue it when benefits stopped and they refused to re-negotiate. Advise on another forum led to me sending: A request to Shoosmiths for the default notice, notice of assignment and original agreements referenced in the particulars. This was delivered by recorded post on 25 July but they have not responded at all. Nor to a letter last week (not registered, first class) asking for a response; A SAR was sent to Welcome requesting all data including the agreement - not yet provided. A request was sent to Cabot for the notice of assignment and original agreement. They responded advising this was not on file with them and they'd requested this from Welcome and hope to respond within 40 days. Really appreciate any help with how to defend this. Ultimately she did have this loan - but she's paid a lot back on it, hasn't had statements and we can't even get copies of the relevant paperwork to see if it's been loaded with PPI etc... not willing to acknowlege owing this amount unless they can provide this. Is that a bad stance?

Thanks for confirming that. Can I use the fact they've failed to supply the documents as part of the defence?

Hi all, wondering if anyone can help - I originally posted on another forum where I got some advice but not getting any replies to help take this forward. my wife has an old debt to Welcome Finance for a personal loan. She became ill, and disabled, whilst repaying the loan and had to stop working. She agreed a repayment plan initially but then her benefits were frozen for a while and she could no longer pay so welcome passed the debt to Cabot Financial. Cabot haven't even tried to make any contact for about 2 years - then suddenly started court proceedings last month. Based on figures my wife says she's already paid a lot of the loan back - but the amount they're claiming doesn't tie up with anything she has and there's no statements from Welcome been received in years. when we got the claims form we acknowledged, and requested a copy of the credit agreement, notice of assignment and default notices under CPR 31.14 (referenced in the claim particulars) from Shoosmiths (the solicitors Cabot instructed). Despite this going by recorded mail they've not responded (nearly 3 weeks) at all. Meanwhile we also requested the agreements and notice of assignment from Cabot - who responded to say they don't have it and have requested it from Welcome, but may take 40 days over it. Tomorrow is the due date for a defence to be filed. I'm lost as to how to handle it - we can't accept the claim without any proof of the amounts involved. Any thoughts appreciated as to how best respond?