Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited


1 Neutral
  1. Thank you for the replies - a bit embarrassing but i have more information from her now and it is for something else. She was taken to court over this debt but says she never got any paperwork (and didnt tell me about it) so there isnt much else we can do at this stage but fill in this form. Thanks once again.
  2. Today my other half received a rather strange letter titled Notice of Transfer Of Proceedings from Cabot Financial UK Ltd that states this claim has been transferred to the county court at _____________ for enforcement. This was done apparently because she did not reply to N56 (form for replying to attachment of earnings application) within the specified time. She did not receive this form. The receiving court will arrange for the bailiff to serve N61(order for statement of means) The only CCJ she had was over 10 years ago and is now definitely statute barred. Is there anything I can do to prevent any further action on this? Surely Cabot are taking the mickey??
  3. All I can find on my credit file is the last 4 digits of the card number, I don't have any old statements or letters that I can find. I'll have to either call them (Cabot) or just use those as in "Card ending in 6666"
  4. Im writing the CCA request but I dont have an account or reference number , can I use the number from the claim form?
  5. I need a little help with this claim form please: Name of Claimant : Cabot Financial Ltd Date Of Issue : 5th April 2018 What is the claim for : By an agreement between SAV credit Re Aqua & the Defendant on or around 11/04/2016 (The Agreement) SAV Credit Re Aqua agreed to issue the defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1300 2.Costs I have not received prior notice of a claim to be issued. Value of the claim is 1511.83 Claim is for a credit card Original agreement was after 2007 Account was apparently assigned to Cabot Financial and the claim has been issued by them I did not receive a notice of assignment I don't recall if I received a default notice from Aqua I have received no Notice of Default Sums Ceased payments because I was out of work and claiming carers allowance I did contact Aqua and told them of my position, but they claimed I could afford a level of repayment that was way out of my affordability, I did try to negotiate reduced payments with Aqua but my offers were rejected by Aqua. I'm in the process of writing a CCA request, can anyone give me some help with what else I need to do please?
  6. This turns out that it is related to the original thread posted back in 2011. At that time a restriction was placed on our home which has subsequently been paid. I dont know what Mortimer Clarke are playing at but they can play their game. Its been paid and I have the proof.
  7. To be honest it is a little confusing, I'm not going to do anything until they get back in touch and tell us exactly what they are after. Also, I'll check with the Land registry to see what is there. Nothing received back from them to date, so I'll wait and see.
  8. Letter says: " We have been instructed to apply for a charging order against you should you fail to make satisfactory payment proposals. If an acceptable payment is not made within 7 days from the date of this letter, an application will be made to the County Court to change the name of the claimant in the proceedings to our client. Once this has been granted an application for a charging order will then be made in order to secure the judgement debt against your property and if awarded, may affect your ability to re-mortgage or sell your property without first satidfying the debt in full. County court fees and solicitor's costs will also be applied to your debt and interest may accrue until the debt is paid in full. If you contact us after the charging order application has been made, in order to make an offer 9of repayment, we may accept that offer is it is affordable and sustainable. However, please note this will not stop the proceedings from continuing and a Final Charging Order being requested. You should note that our client may be willing to accept a reduced amount from you, if you were able to make a lump sum payment now in full and final settlement of the debt. It woyld be in your interests to take advantage of this offer, and settle the debt now, in order to prevent your debt increasing, and a charge being registered on your property. Please contact use as a matter of urhgency on 0333 121 4454 to propose payments and thereby avoid, should your offer be acceptable, the above charging order application being made. We are available from 8:00am to 8:00pm Monday to friday and 9:00am to 1:00pm on Saturdays. Yours faithfully Mortimer Clarke" I think I did read it properly? After speaking to the missus, Welcome obtained a charging Oder for this back in 2004/2005 ish which has since been paid off in full. We dont have any original paperwork for this, no listing on her credit file, and Welcome went into default in 2005 and were administered by the FSCS. In fact I remember claiming for PPI and insurances sold by Welcome back then to the FSCS but heard nothing back - we had completely forgotten about this as it was such a long time ago. Also, as our home is not solely in her name, as I understand it they could not get a charging order anyway, but could get a restriction instead. Is that correct? All this makes no sense to me at all. Its a very old debt that has been paid one way or another, and then these people are trying to do it all again.
  9. Hi all My missus took out a loan with Welcome Finance back in 2002, we got into bother back then and it became statute barred years ago. She received a letter today dated 9-9-2016 saying if she doesn't make a proposal to pay off this debt they will apply to the courts to have the claimant name changed to ME II (whoever they are) and then go for a charging order on our home. I vaguely remember Welcome Finance collapsed and were run by the FSA (?) A lot of the original loan was made up of fake insurances, payment protection and all sorts of add-ons that we raised with the FSA years ago but heard nothing since. Should I write a 'prove it' letter on her behalf to Mortimer Clarke Solicitors? Who do I contact over the original paperwork - we don't have any. Any advice appreciated
  10. Have signed up to Noddle a couple of months ago noticed some items on my report I didn't agree with, queried them with Noddle and got nowhere, queried with MMF and they have been removed from my file. They were defaults. There is also another default on there which I'm in the process of querying and am hopeful this will soon be removed too. I do have one major concern though. A CCJ was registered against me last 28th October 2014, for £1510 I *think* this was from Cabot around an old car loan debt that I was, at that time, querying with the original creditor (PPI, charges etc) but heard nothing back from them. On checking further into this (all I have is the judgement number) they have also gotten a charging order on my home. I'm not sure I owe this money in the first place, and if I do I'll pay it. Its not a huge amount of cash. How do I go about sorting out this? Where do I go to find out who the creditor that took me to court is (I have a feeling it was Cabot, or their solicitors). Can I still query this and can I claim back any charges added to this account? Any pointers would be appreciated.
  11. Yesterday I received a claim form from Cabot regarding a disputed account I had with British Credit Trust. It was regarding an alleged outstanding amount of just over £1300 which I believe is made up of mostly late payment fees and charges. I have previously asked BCT of a complete breakdown of charges added, what they were for and dates when they were charged but had no response. I don’t recall receiving a letter of assignment or anything at all from Cabot regarding this account, until I received the claim form yesterday. I do intend to defend. Details on the form are as follows: Claimant: Cabot Financial UK Date Of Issue: 18 Sept 2014 POC: By an agreement between British Credit Trust ("BCT") & the defendant on or around 01/08/2007 ("the agreement") BCT 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 26/09/2013. THE CLAIMANT THEREFORE CLAIMS £1338.72 Value of claim : Amount claimed - £1338.72 Court Fee - £70 Solicitors costs £80 Total Amount £1488.72 The account was for a car loan on HP with British Credit Trust Original agreement was dated 06/08/2007 Debt purchaser (presumably) has issued the claim - I was not aware the account has been assigned I am not sure whether I received a default notice from BCT - I cannot remember receiving one and if I did I certainly don't have it anymore. I have not received any Notice of Default Sums from anyone. When I lost my job in April 2011 I started to miss payments. I contacted BCT at that time but they would not take lesser payments and I could not afford to keep up full repayments. I paid what I could when I could, eventually telling them I could no longer afford the car and as I had paid over 3/4 of the loan I was within my rights to return the car so I told them to collect the car At this time I also asked for a breakdown of charges added to the account. I remember receiving a list of amounts at that time but not dates, amount charged and what it was for. This was and still is in dispute. I heard nothing from BCT after this (around Oct 2011) Who do I contact for CCA request - Cabot or BCT? I will send a CPR31.14 request to Cabot. In the meantime what should I do about the claim regarding acknowledgement. As I believe a substantial part of what Cabot is claiming is made up of charges and fees can anyone offer advice on a defence? Thanks in advance.
  12. I've asked in the letter for the breakdown of LO's. I'm waiting for a call from their own benefits advisors to establish entitlement to benefit and help in claiming. I have also emailed copies of my letter to the chief executive and director of finances so hopefully will hear something soon. My bottom line is I accept full responsibility for this mess - I should have sorted things out sooner but I didn't. I absolutely cannot afford to pay this off in one lump sum because I simply do not have it and can't get it, and can only afford small extra payments on top of the council tax for this year, which we have had to pay out of the limited income we have, but hopefully once I have spoken to their benefits advisor this may change. Thank you for the input, I'll keep you informed if/when I hear back from them.
  13. Previous issues had been resolved - this is new and appreciate a new thread. I have written to the council and cc'd to the chief executive and director of finances. I've writted to the Enforcement Agents explaining my circumstances and my daughter's car has gone back to her, she lives a few miles away so should be OK. I'll wait and see what comes back but am also waiting for a call from the councils benefits advisor. We are on a low income (I'm on JSA, my wife works part-time and my son has zero income)
  14. I originally posted this as a new thread but it was merged with a thread I started in 2011 - If I have done something wrong please let me know but I'd like this to be a new thread - thanks In deep trouble with a council tax debt of £5784.84 I know this should have been sorted years ago, but it hasn't and I admit its all my fault but do need advice please. Today, a bailiff from Rossendales knocked on the door but did not gain access at all. I asked for his badge and he showed me a badge from Rossendales saying he works for them - not his badge of certification from the courts. I asked him to show paperwork and he refused - said he didn't need me to see it. He posted a letter through the letterbox and took details of the car on the drive - my daughters car not mine which I did try to tell him but wouldn't listen. Car has since gone back to my daughters. Asked him to leave but he refused so I called the police and reported a breach of the peace. After explaining things to the policeman who came (who was OK with it all) bailiff left and police said no action was being taken today. I lost my job in November 2013 and have been on JSA of £71 per week since. My wife works part-time and my 23 year old son lives at home but is disabled and due to ATOS has NO income at all at the minute (is in appeal). I phoned the council and explained all this to them and asked if they would take the debt back as there is no way I can afford to pay bailiffs and their fees as they gave me 24 hours to pay. They told me they can't take it back until the bailiffs send it back to them. My wife paid the 1st months council tax for this year and I told the council to contact the benefits agency and take the money direct from my benefits. They refused to do this saying committal proceeding would be next. I asked the council for a full breakdown of liability orders, when issued and amounts but she refused to give me these saying I would have to ask in writing. I have tried to make an appointment with council benefits section and waiting for a call back from them. I've also tried to get in touch with CAB and waiting for them too. I'm scared of what might happen next and need advice as what to do to try and sort out this mess please. I take full responsibility for this mess but please help me if you can.
  • Create New...