I will get the acknowledgement done now. I have edited and printed the CPR 31.14 template to what I think is correct. May I PM the letter to you to just go over it to make sure I've not put in anything I shouldn't have ?

unfortunately not but so near.

Name of the Claimant ? Cabot Financial (UK) Limited Date of issue – 1/9/17 Date to acknowledge 19/9/17 date to file defence = 3/10/17 What is the claim for – 1. The claim is for the balance of instalments due & unpaid under an agreement dated 14/9/07 & under which THE FUNDING CORPORATION LIMITED agreed to provide credit in relation to the purchase of goods payable by instalments ('the Agreement') was assigned to the claimant. PARTICULARS 1. Amount due and unpaid 3794.00 The claimant therefor claims 1. Amount due and unpaid 3794.00 What is the value of the claim? 3794.23 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Car hp Agreement When did you enter into the original agreement before or after 2007? After (sept 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. Assigned 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? yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? yes but not every year (maybe due to moving 4 times in the last 10 years and not keeping my address updated). Why did you cease payments? Lost employment What was the date of your last payment? 25/11/11 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 Yes but I did not continue with payments and was subsequently taken to court and judgement was for the return of the goods and was unchallenged.

Hello again, have had a court claim form arrive before I go into details I would like to thank everyone for the help I have received so far have made a small reoccurring donation. have attached a PDF of the claim form and would like advice before I make my defence. still have not received the correct T&C's for the CCA request. I can't get out of my head that a comparable case has already been in a court and cannot be re-litigated ? The Funding Corporation brought a claim for (1) the return of the car or the cash value as an alternative and (2) the balance remaining under the agreement which was £4,994.23. The Judge appeared to have given judgement on the return of the car only, there was no order as to the repayment of the outstanding balance. As the cause of action for the outstanding balance was raised in the 2010 proceedings, and the Funding Corporation succeeded in the order for the car but not the outstanding balance and was I believe unchallenged. On that basis, the right to claim the outstanding balance is extinguished and arguably, Cabot could not bring a fresh claim to recover the outstanding balance where it has been claimed in earlier proceedings. Or am I totally barking up the wrong tree?

Should I still be ignoring them at this point and let them take me to court and point out the CCA request issue there?

Hi guys, I got a responce from Mortimer Clarke this morning. See attached SCN_00011.pdf

And what a lesson Ive learned from it. Ill double check what they have sent to make sure.

The original agreement that i posted previously is all i got from them regarding the agreement. I will check when i get home from work the other side to make sure there is nothing on there. I will also check the pile from my SAR to see if it possible they could hold them.

Im sure it would but i would like to exaust all other options first.

So is there anything i can do now other than make an offer of repayment ? I would ideally like to somehow delay for a few months until it becomes statue barred.

2007 Agreement attached. I think I did make the random £5 payment after they managed to find me after I moved house and never told them where I moved. I must have been a bit unsettled about it and made a payment, However I have no statements from that long ago but it would be something I would have done at the time not knowing any better. agreement.pdf

Hello again. Today I got a responce from mortimer clarke responding to the cca request by giving me a copy of the original agreement and giving me 14 days to fill in an expenditure form and offer of settlement Scans Attached NOT Sbd...pdf

Hopefully, if they do respond to the CCA request, I wonder what delay tactics can be used for 6 months as it would be statue barred in november. I'll get straight back if I get anything, Mortimer Clarke say it's usually rare to have the information for anything older than 6 years so here's hoping.

I'm sure it was the OC that had taken me to court. They did this after I moved house so I had no idea they had done it until this year when I received the SAR from the OC therefore could not defend (even though I don't think I had any defense to begin with). The court date was 26/3/2010 and yes it was to return the vehicle. Sorry about how I put my story, I was trying to state facts without making it too long and doing it really quickly.

Hi guys, i'll try and sum my issue up quickly. Sept 2007 got hp with funding corporation for a vehicle for 4 years and stopped paying after 18 ish months. Stupidly made a payment in November 2011. Defaults were served and agreement cancelled by OC in 2009 Cabot sent letters for about 12 months that I did not reply to. Mortimer clark made contact with me threatening legal action at the end of January this year. Made SAR at the beginning feb this year to funding corp - THIS WAS FULFILLED AND i RECEIVED THE SAR Made CCA request to cabot - THIS HAS NOT YET BEEN FULFILLED AND IT'S NOW MAY. NOW called today both Cabot and Mortimer Clarke. (this is the issue along with my big mouth) to tell them my new address. asked Mortimer Clarke the status of the account (it's on hold), asked them that they I expect a responce to the CCA request and let slip that I already had the original T&C's from the OC (I really did not want to say that) called back to see if they had actioned the cca request and they said It's gone through (not quite sure what that meant) If they do Correctly action the CCA request then I may have an upper hand. The OC and Lowell took me to court and the outcome was that I return the vehicle there was no judgement for money owed. I did not return the vehicle. I wonder if it can still be taken to court?