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  1. Morning, folks. I'm in a particularly odd and confusing situation so any assistance in clarifying where exactly I stand would be greatly appreciated. In 2010 I took out a credit card with Virgin Money. In 2012 I defaulted on this due to financial difficulty and depression. I do not remember receiving a default notice from Virgin Money. It's possible I received a default notice from MBNA, but I closed an account with them in 2006 (I have the letter) so would have discounted it. In January of 2017 I found out a CCJ was registered against me with Hillesden Securities as the claimant. I did not receive any correspondence prior to it being registered, as I was not living at the address the CCJ is registered at. As soon as I found out about the CCJ (through a mortgage adviser telling me!) I attempted to contact Hillesden. This led me to DLC, which led me to Cabot, which led me to Mortimer Clarke. I spoke to a representative of theirs on the phone, explained the situation and asked if the judgement could be set aside. They said no, and that the best I could do was satisfy the CCJ. After some digging online I sent an N244 to my local court and received a hearing date. Mortimer Clarke did not show, the judge decided they hadn't been very helpful, and duly set aside the judgement. Happy days. This was earlier this month. Today I found a letter sent from Mortimer Clarke 4 days before the hearing, with the claimant now being ME III Ltd. The letter states they agree to the setting aside but that a full defense should be submitted within 21 days. They attached a draft order, assuming that the judge would made this order. She didn't. What happens now? Given that the draft order was not formalised, I'm assuming I do not have to submit any further defense (which I already submitted in full as part of the N244). And what are Mortimer Clarke likely to do when they receive the actual order from the court? Many thanks
  2. I have just received a letter from Mortimer Clarke stating that they act on behalf of their client Marlin Europe II Limited asking for details of my financial circumstances for a debt that they say a county court claim was issued on April 2014. It also has a claim number at the top of the letter and if I don't respond they will lift the stay and request Judgement. I have never had any claim form for this debt and I have logged on to MCOL and there is nothing on there with that claim number. I also went on to my credit file and it says the debt they are talking about is with Cabot for a different amount. I'm not sure what to do.
  3. Name of the Claimant ? ME III Limited Date of issue – 12 Dec 2016. What is the claim for – 1.By an agreement between WELCOME FINANCE SERVICES LTD & the Defendant on or around 21/11/08 ('the Agreement') WELCOME FINANCIAL SERVICES LTD agreed to loan the Defendant monies. The defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was assigned to the claimant. 2.THE CLAIMANT THEREFORE CLAIMS 5930.89 What is the value of the claim? £6440.89 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? loan When did you enter into the original agreement before or after 2007? Unsure, I think is was around or before 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, but I have no recollection. Did you receive a Default Notice from the original creditor? Again I don't know for certain. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so. Why did you cease payments? F ell into difficulties when losing my job in 2008, the payment demands were unreasonable, c harges were being added to the account at an alarming level (£10 for a letter/visit etc.) and after severel doorstep visits, I decided to just accept a default on my file and see what happened. A lot of what is claimed is charges, the original loan I think was £2000. What was the date of your last payment? Don't know, could possible be more than 6 years ago, I've asked for a full statement of the account. Was there a dispute with the original creditor that remains unresolved? Haven't heard dirct from Welcome in many years. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Hi, I have read up on other cases and have already sent off the various requests for documents, and completed the online form stating I intend to defend all. But I may need further help. The particulars are as below. This is a very old debt that has dropped off my credit file, and I thought it had disappeared, to be fair I forgot about it. I received a reply from my CPR request today (30th Dec) as below. We acknowledge your request for documentation pursuant to CPR 31.14. We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement. CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings. We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor. We confirm that we have requested documents from the original creditor and will forward these to you upon receipt. The account will remain on hold in the meantime. Any advice on how to play this out would be very much apprecaited.
  4. Hi All, I'm sorry to return but I again need a little bit of advice regarding a letter from Mortimer Clarke in relation to an alleged debt with capital one... I received a claim form from Cabot Financial via Mortimer Clarke.... Details below Claim Form Issue....18/11/2016 Received.... 21/11/2016 AOS Submitted... 29/11/2016 Defend all AOS Received... 30/11/2016 CCA request sent to Cabot...28/11/2016 CCA request received by Cabot and signed for.....30/11/2016 CPR request sent to Mortimer Clarke... 28/11/2016 CPR request received by Mortimer Clarke and signed for... 30/11/2016 POC... 1.By an agreement between capital one and the defendant on or around 01/07/2009 (the agreement) Capital one agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due and the agreement was terminated. The agreement was assigned to the claimant.. 2.. THE CLAIMANT THEREFORE CLAIMS XXXX... As of todays date the following has happened.... 1) No response from Cabot for the CCA request 2) Mortimer Clarke responded to the CPR request with the following letter dated 01/12/2016 received 07/12/2016 Dear XXXX We acknowledge your request for documentation pursuant to CPR 31.14 We Confirm our client is willing to agree to the extension of 28 days, for you to file your defence, Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.... CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings. We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor. We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our clients instructions... So my question is.... Do I ignore the letter from Mortimer Clarke? reply to Mortimer Clarke with something along the lines of.... not interested in your beliefs, supply the documents requested in the CPR 31.14 request... As always your help/advice is greatly appreciated
  5. Hi All, Received so much help and support way back in 2005-2008 which turned my life around. Unfortunately a DCA (CABOT) has re-surfaced issuing a CCJ Claim chasing what I believe to be a Statute Barred debt for Vanquis they have bought. I will post all details in the relevant place and look forward to your much appreciated assistance. Regards
  6. I am currently trying to get information from Hillesden regarding a HP agreement I took out in 2001 with Associates Capital for a car. This agreement was taken over by Welcome Finance. Prior to this change I contacted Associates and told them I could no longer afford the car due to personal circumstances at the time, and asked them to collect as I had the car for 2 years which was half the HP agreement timescale. They never collected the car. I contacted Welcome after the change and told them the same, that I could no longer afford the car and to collect. Again they did not but wanted me to take out a new agreement with them to re-finance the car. I refused to do this. After checking my credit report, Hillesden Securities now 'own' this alleged debt. I checked my credit report last month and this account was defaulted as an HP agreement. This month, however, they have defaulted me for the same amount and changed the type of default to a loan account. Can they do this? Anyone? The information is lodged with Callcredit reference agency, on two other reference agency files it shows as a HP agreement. Please let me know what you think before I write to Callcredit and Hillesden
  7. Apologises in advance if this comes across as a little vague but I am asking the question on behalf of my sister who is not a CAG member and as such I don't necessarily have all the facts. She received a letter from Mortimer Clarke Solicitors who are acting on behalf of M E III in regards to a debt of £1000 that they claim went the way of CCJ and remains unpaid. She has looked at her credit report and can see no sign of a CCJ and says she has never had one on there after I pointed out to her that if it was over 6 years ago it wouldn't appear on her report anyway. Rather foolhardedly she therefore ignored the first letter but has now received another letter from them stating that they are going to get an attachment of earnings. So I guess the first question is could there have been a CCJ that never appeared on her file? This seems unlikely I know but historically Ive had the experience of being in a joint IVA and it only appearing on my file not my wifes for some reason. With the above scenario seeming highly unlikely would the debt be statute barred based on it being over six years old? I have read that in some cases the court will revive the debt but am not sure what is required to trigger this. Finally what should her next step be as wouldn't any communication from her be seen as acknowledgement of the debt and therefore void the 6 year period anyway?
  8. Hi.. Good afternoon everyone, I really hope someone is able to help me. This morning I've received a County Court claim. The perusing claimant is Mortimer Clarke Solicitors acting on behalf of Cabot Financial. The debt of £413 is from a Capital One card from 2004 (£213 of this is interest charges). The last payment I believe I made to (Aktiv Kapital) was back in December 2009, although I can't confirm this as I have a different bank account now, and I've made no contact or acknowledgement since. I checked my credit file in late December (screen shot attached) and seen they (Cabot) had registered 2 recent payment defaults against me. Just checked my file again today and it's disappeared, no trace of it. However it did show the default payment date recorded on the account was 29/01/2010. so would this make it statute barred ? Do I still have time to send off a CCA request to Cabot in the hope of delaying this, or have I left it too late ? Should I complete the section of the court claim document to Dispute the Claim as it maybe Statute Barred ? Please help, not quite sure what my next course of action should be. Kind Regards L
  9. Name of the Claimant ? MARLIN CAPITAL EUROPE LTD Date of issue – 27 MAY 2015 What is the claim for – By an agreement between Egg Banking plc (EGG) & the defendant on or around 29/10/2005 (the agreement ) EGG 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 on 31/01/2013. THE CLAIMANT THEREFORE CLAIMS 1. 4000 2. interest pursuant to section 69 of the county court act 1984, namely 1400 & continuing until judgment or sooner payment at the rate of 0.93 What is the value of the claim? £6200(including court/solicitors fees) Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card When did you enter into the original agreement before or after 2007? 29/10/2005 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Don't know, was aware of Barleys taking over Did you receive a Default Notice from the original creditor? Dont remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Loss of job and family problems What was the date of your last payment? not sure sometime 2009 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've received county court claim form. I've put as much information which i can find or know at the moment. Do i have any chance of defending this claim? I already have a ccj fron Cabot this year
  10. Hello First time here and hoping you can help. Around 2003 having been made redundant, I had a debt for an Egg credit card for around £3.5k. I barely recall the details as it was so long ago but vaguely remember it being passed to a solicitor as started getting letters from them. I was not aware of any CCJ being issued at the time but don't use credit since I was made redundant so if it went on my credit file it must have gone off again. In 2006 I got a letter from Land Registry stating that a charge had been made on my property for the amount of just over £4k, the charge was to Egg as far as I can remember, s o I assume a CCJ must have been obtained to take this action? I understood that this meant that if I ever sold my house, I would need to pay this off to Lowells/Cabot as well. I have a very small mortgage of only £100 per month and manage this, the Egg debt was entered as a second charge and as I had no income or means of paying it the Egg debt at the time, I let this charge happen. I have never sold the house so the charge has just lain dormant for all of that time and have never heard a single thing from Egg or any debt collection company in all of that time. Out of the blue, I have today received a letter from Mortimer Clarke solicitors stating that they are enforcing the CCJ of £4,465 and want payment, no mention of how they are connected to Egg but they quote a CCJ number. Is my home at risk here? I'm upset that I have been very careful not to get any debt secured on my home to make sure that it is not at risk as I cannot afford to with having children, yet it now seems that it is at risk or can they not do this? Your help would be much appreciated.
  11. I received the N1SDT from Cabot/Mortimer Clarke as I have been working away so only saw it yesterday morning, I have already Acknowledged it via MCOL I chose the option Intend to defend all. the Particulars of Claim as follows:- By an agreement between LTSB & defendant on or around 15/10/1998 ('the Agreement') LTSB 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 3830.31 At the total cost Amount Claimed 3830.31 Court Fee 185.00 Legal Rep Fee 80.00 Total 4095.31 My question at present is as there are no account numbers on the form What should I put on a CCA in the Account number Reference to Cabot. Also sending CPR31:14 to Mortimer Clarke To clarify I do accept I had a card through Ltsb and also have been a bit of an ostrich in the past, due to various reasons I also have not been good with repayments since Jan 2015
  12. Hi Guys, Claim form received 28th August, only got till tomorrow to sort it. Meant to post this last week but my partner has lost her job and its thrown everything into turmoil. I am here to sort it now. I admit the claim and I received paperwork in the past which checked out. Pretty sure I need to admit and ask for time to pay. What do I do now as I messed my last claim up as you can see here: http://www.consumeractiongroup.co.uk/forum/showthread.php?432273-Arrow-Shoosmith-Claim-Form-never-arrived-HELP! Part of my bigger debt thread here: http://www.consumeractiongroup.co.uk/forum/showthread.php?387784-Big-Debt-Problem...HELP! Do I need to post the N9A to the claimant?
  13. Hello, Can anyone please help me, I have received a claim form from Northampton County Court Business Centre. It is an old Simply Be debt, seems to be with ME III now, no idea who they are. Amount Claimed is: £1181 - this includes costs (their legal costs)
  14. Good Morning just received a load of paper work from these solicitors not sure if I have been on here about this before the letter says we have reviewed the file following the issue of our clients claim you filed a defence In order our client could provide you with the documentation we were ordered to place your account on hold and take no further action in relation to the proceeding's until we received the requested documentation from our client it then says please find attached Credit agreement credit card statements our clients statement of account Your Defence In your defence you deny all knowledge of this matter. We enclose a copy of our previous correspondence providing background of the claim Our clients position is that the enclosed documents clearly evidence the debt The credit agreement bears your signature The way forward It is not clear what your defence to this agreement is we as that you set out the precise legal basis of any defence within 14 days Alternatively our client would like to settle matters without the need for further court proceedings We therefore we ask you put forward repayment proposal's to address the outstanding balance The next page then offers a 40% discount then there's a letter explain the background saying it relates to a credit card agreement for capital one entered on the 11/2011 terminated 05/09 the debt and agreement has been assigned to Cabot financial (UK) ltd sorry so long winded but wanted to give as much info that I have received as I could Many Thanks
  15. Sorry if I'm repeating old info, I have had a read of other posts but these all seem to be at CCJ defence stage and I'm not there yet! Details are as follows: Hillesden have been chasing me for a payment of £848 for as long as I can remember. The debt was passed to DLC and most recently to Cabot. Mortimer Clarke are now chasing me on behalf of Cabot and claim that they will take me to court if I don't respond with a suitable payment arrangement. The van was returned in 2007 and my last payment on the debt was Sept 2008 (according to them). I do not know when it defaulted exactly but I do know it's no longer on my credit file. I wrote a SB letter to them but they have now responded stating that the contract was not terminated until August 2010! They say that means they can now take me to court. How do I proceed?
  16. Hi All . after some advise on this please. I received a Cliaimform today from cabot financial (claimant) with the address of mortimer clark solicitors as the address for sending payments and documents listed underneath , for the sum of £557.68. this debt is i think form a old hp agreement from five and a half years ago when i split from my ex (she moved out and all debts where in my name she was the main wage earner ). to be honest i cant even remember what it was for or what company it was (says Hitachi nova on the particulars of claim). i know this and a lot of my other debts are nearing the 6 years statute barred point i think the last payment may have been about Jan 2009. I had this ccj thing crop up 3 years ago for another difrent debt with bryan carter (phoenix recoveries ) this is what i did for that one . i filed a deference with the court saying that i did not know what the debt was for and had no knowledge of it, bryan carter then sent back a letter telling me who the debt was from, after researching the net and different forums i sent back the following letter to bryan carter solicitors CPR 18 - REQUEST FOR INFORMATION After a few weeks i had a letter from them stating the claim had been discounted happy days . the above letter was the only one i sent. and have heard nothing since as the probably did not have all the info required. Now to my main question (sorry about the long winded post) should i do the same with my latest Claimform from cabot , mortimer clark or have things changed since my last success against the debt collection company's Many thanks for all help and replies Vauxman
  17. Hi , Can these people request an income and expenditure form be completed even though an offer of payment has been made ? or is it only the court that can legally request one ?
  18. Hi, Ive just recieved a letter from Mortimer Clarke saying they have been instructed by Cabot to start court proceedings against me and that they will make a court claim in the next 14 days. I used to be a client with Debt Help and Advice Ltd which the debt was citi/opus card at the time, i was told by debt help that citi/opus couldn't provide evidence of the cca so was unenforceable and to ignore any contact from them. Now that debt help have closed down im starting to get these letters, should i do anything or just ignore them?
  19. Hi, Wonder if somebody can help. I have received a claim form from the courts. The problem is that I have never received any information about this as the address was incorrect, it was Flat no, flat name, flat no, road name on their letters (I checked with them, might not be a good move). The claim form had Flat no, flat name, flat no, truncated road name (only half of the name printed). The rest of the address was incorrect. What is the best route forward with this. I don't deny owing the monies, I don't object to paying it back, due to circumstances, I left my previous house which I shared with an ex girlfriend, and left lots of paperwork behind. I have noticed that they are claiming more than the default amount. Just would appreciate some advice on what to do next please. I did explain that due to the incorrect details when on the phone, I would look at a formal complaint with the ICO, defend it due to incorrect information and not being given the opportunity to resolve the issue. They said something about an order that if it was stuck to, it wouldn't appear on my credit file, but if I broke it, the claim would be put back in to court. Please can somebody advise me the best way forward. Many thanks in anticipation.
  20. Name of the Claimant ? Cabot Financial(UK) Ltd Date of issue – . 2/3/2016 What is the claim for – 1. By an agreement between Liverpool Victoria and the Defendent on or around 15/6/2000("the agreement") Liverpool Victoria agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due and the agreement was terminated. The agreement was therefore assigned to the claimant. 2. The claimant therefore claims £8100 What is the value of the claim? £8100 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? before 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. debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I may have some time ago Did you receive a Default Notice from the original creditor? I may have Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? September 2013 What was the date of your last payment? 1/9/2013 approx 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, I entered into a DMP with payplan in 2006/2007 but came out of it in September 2013 as most of my debts had been sold and none of the DCAs could provide the required paperwork What you need to do now. Answer the questions above If you have not already done so – send a CCA Requesticon to the claimant for a copy of your agreement - done (except for Overdraft/ Mobile/Telephone accounts) Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts - done
  21. I received a county court claim against me on 07/01/2016, the debt is Capital one, the DCA is Cabot and their solicitors were Mortimer Clarke. I responded to the claim on money claim online, sent a CCA request and wrote my defense within the time limit. Today I have received a notice of discontinuance from Mortimer Clarke solicitors. The letter states that they have been instructed by their client to discontinue proceedings and close their file. Is that the end of it now or can this still be reopened in the future or the debt sold to another DCA?
  22. Hi, I received a claim form for Northampton from Mortimer for an old capital one credit card which Cabot are claiming for, Ive sent off the cpr request to Mortimers and asked Cabot for a copy of the credit agreement. Today I receieved a letter from Mortimer saying we are taking our clients instructions in relation to your correspondence and will come back to you as soon as we can. In the meantime, the matter has been placed on hold. They have also attached a without prejudice letter offering me 50% off the debt and no further court action if I pay in monthly instalments. I still need to file a defence and have 2 days to do this, Ive defended claims for catalogues in the past but with this being a Credit Card not sure if its the same. Can anyone help me with what I need to put in my defence statement. Thanks
  23. Hi, I am sad to say that I have a second county court claim issued against me. The first one is sorted. This new one is just as scary and any help will be appreciated. Name of the Claimant ? CABOT Date of issue – . 08 JAN 2016 What is the claim for – 1. By an agreement between CAPITAL ONE & the defendant on or around 03/11/2010 (‘the Agreement’) CAPITAL ONE 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. 2.THE CLAIMANT THEREFORE RE CLAIMS 650.00. What is the value of the claim? 780 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CREDIT CARD When did you enter into the original agreement before or after 2007? AFTER 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. CABOT Were you aware the account had been assigned – did you receive a Notice of Assignment? NO 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? MY HUSBAND BECAME SERIOUSLY ILL AND HE WENT ONTO DLA – I BECAME HIS CARER AND OUR INCOME REDUCED DRAMATICALLY What was the date of your last payment? I AM NOT CERTAIN (AROUND JUNE 2011) 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
  24. hi all, A Family member has just received a ccj claim form, I have filled the form out as best i could, we are almost 100% sure it is statue barred and believe they are just chancing it, Hillesden securities Limited t/a dlc Date of issue – 14 DEC 2015 What is the claim for – The claim is for the balance of installments due & unpaid under an agreement dated 12/07/2005 & under which Black Horse LTD agreed to sell the defendant goods for a price payable by installment('the agreement'). The agreement was assigned to the claimant. PARTICULARS 1. Amount due & unpaid £1000 THE CLAIMANT THEREFORE CLAIMS 1. Amount due & unpaid £1000 What is the value of the claim? £1000 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan for a Car When did you enter into the original agreement before or after 2007? The loan is from 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. It has been passed onto Hillesden Securities Limited t/a dlc Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Approx. 2 month ago we received 5 annual statements of accounts dated from 28/09/2010-11/07/2015,they all come on the same day Why did you cease payments? It looks like no payments were ever paid What was the date of your last payment? It looks like no payments were ever paid Was there a dispute with the original creditor that remains unresolved? Dont know Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No We have not acknowledged the claim yet but I have set up the login online etc, We want to defend the claim and are going to use the statute barred as defense, I am just wondering what wording i need to put for this and should i wait the 19 + 14 days or just submit it straight away ? Also I have not sent any cpr request as of yet cheers in advance
  25. To add to my woes I find that I have had 38 calls from various Capital One numbers in the last week - I have asked them to WRITE to me and to remove my numbers - they wont - advice please?
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