mortimer/Cabot Claimform Citi loan sold to Moneyway.***Claim Discontinued***

[57alan0]

In your opinion is this compliant?

Edited June 3, 2013 by 57alan0
spelling

[BRIGADIER2JCS]

You seem to have to issues that need clarification,

 

1. The date on the 'agreement'.,

 

2.a 'wrong, default date,

 

As imo not compliant.,

the default date, showing on CRA files with Cabots name on I has the wrong date?

[57alan0]

Well FIRE then Marlin and now Mortimer Clarke and like a few other recent posts a claim form dated 20th June so have to move quick.

[dx100uk]

oh so you have had a claim form

 

this should be in legals if you have

 

dx

[57alan0]

Hi dx - how do I move the post to legals please?

[dx100uk]

bing!!

 

dx

[dx100uk]

please fill this out and post it here please

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

dx

[57alan0]

Date of claim 20 June 2014.

 

By an agreement with Moneyway ("MNWY") & the defendant on or around xx/04/2007 ("the Agreement")

MNWY agreed to loan the defendant monies under the terms & conditions set out therein.

 

In breach of the Agreemnt the Defendant did not pay the installments as they fell due & the Agreement was terminated.

 

The agreement was assigned to the Claimant on xx/08/2011. THE CLAIMANT THEREFORE CLAIMS 1500

 

The value of the claim is that above plus £105 court fees and £80 solicitor's costs.

 

There is no interest added or claimed.

 

The claim is for a personal loan.

 

End of April 2007.

 

Cabot tell me they have 'recently purchased' (May 2013) the account and they are the claimants

- although I have been receiving thier junk mail since May 2012).

 

I have had no official notice of assignment

- originally Moneyway suggested they would pass the collections to Talon

and soon after I was bombarded with literature from Talon and then Robinson way

and as soon as I requested a true copy of the credit agreement

and all other documents Cabot appeared on the scene.

 

As far as I am aware I have had no default letter from the original creditor.

 

I have retained most of the letters none of which are headed "Notice of Default sums"

 

I ceased payments due to a change in my financial circumstances.

 

I have previously successfully claimed PPI from the original lender Citi Financial.

 

I may have suggested that I was having financial problems at the time.

[dx100uk]

whos the solicitor please

[57alan0]

Mortimer Clarke

[BRIGADIER2JCS]

Mortimer Clarke

The Solicitors for rent to DCAs much like Bryan Carter.

[dx100uk]

ok

you need to ack the claim defend all

 

and get CPR and CCA off to Mortimer

 

dx

[57alan0]

When I CCA'd Robinson Way they bottled out and passed it to Cabot

 

- they responded eventually with a copy of a credit agreement which I believe has the wrong date on

 

- you could argue that the year 07 looks like an 8 due to them putting a strike through (this is what I mentioned in post #21.

 

What would a CPR show?

 

On what grounds should I defend all?

[dx100uk]

bottom lines is if you don't defend all

whatever you do, you'll get a CCJ by default.

 

dx

[dx100uk]

your cpr should request what they refer to in their PoC

the agreement

the terms & conditions [ORIGINAL ONES]

Notice of Assignment

 

dx

[57alan0]

Hi dx - could I send you a timeline of events to peruse please? - Id rather not post as it contains a/c info.

[dx100uk]

nope helps no-one bar you

 

please redact it and post it here

 

so everyone later can benefit from the advise

[57alan0]

I would attach timeline of events but I have them in docx format (win 7) - any ideas please?

[dx100uk]

simply copy and paste the doc text here

 

dx

[57alan0]

Citi Financial ref xxxxxxxxxxxxxx

23/04/2008 Citi Financial annual statement

23/04/2009 Citi Financial annual statement

26/08/2009 Citi Financial changing to Moneyway / Secure Trust Bank

01/09/2009 Moneyway welcome letter new ref xxxxxxx

16/08/2009 Citi Financial duplicated payment letter

22/04/2010 Moneyway annual statement

01/11/2010 Moneway dd refused insufficient funds

04/11/2010 Moneyway final notice before default

18/11/2010 Moneyway dd has been cancelled

15/04/2011 Talon acknowledging a payment

20/06/2011 Talon will be collecting on behalf of Moneyway

12/08/2011 Moneyway asking for I/E form to be completed

30/10/2011 Robinson Way formal demand for payment a/c xxxxxxx ref xxxxxxxxx

01/11/2011 Letter to Citi Financial requesting ppi claim

05/11/2011 Secure Bank Trust – forwarded query to Citi Financial

11/11/2011 Citi Financial acknowledging complaint

19/12/2011 Robinson Way asking for payment (immediate action required)

22/12/2011 Phone call Robinson Way explain claim for ppi

16/01/2012 Robinson Way – we may allow your account to be paid in affordable instalments of £30 / month

30/01/2012 Robinson Way Final Notice – local rep may call

01/02/2012 Letter to Robinson Way explain ppi claim and 12 weeks and giving them Citi ref

01/02/2012 Citi Financial completed investigation and awarded compensation £xx

09/02/2012 Robinson Way dispute noted collection suspended

14/02/2012 Citi Financial sent cheque £xx

05/03/2012 Robinson way please provide us with copy of ppi claim letter

12/04/2012 Robinson Way please contact Citi Financial direct with regards to insurance query

20/04/2012 contacted by xxxxx xxxxxx collection agent – I called back and I suggested I would offer settlement of £800 (recorded tele conv)

24/04/2012 phone call from xxxx xxxxx offer not accepted – they want £1275

 

25/04/2012 Letter Robinson Way s.77/78 CCA request sent £1.00 po

01/05/2012 Robinson Way Returned po suggesting I contact Cabot

28/05/2012 Cabot their response to my request for CCA do not have but they will get ref xxxxxxx

23/08/2012 Cabot still not got the information from Moneyway – your credit agreement is therefore unenforceable

15/03/2013 Cabot now got info and can enforce – statement of account from Secure Trust Bank and copy of original credit agreement

12/04/2013 Cabot still not able to provide the information I have requested????

16/05/2013 Cabot has recently bought the a/c held with Moneyway

03/06/2013 Cabot Welcome to Cabot we have recently confirmed that you live at that address and have recently bought the a/c

Answered phone call and suggested in writing only

06/06/2013 Cabot please write to us with a clear statement of proposals

19/09/2013 Cabot we will move to next stage

27/09/2013 Cabot LIMITED OFFER discount of up to 30% if respond in 30 days or attractive repayment plan up to 5 years

02/12/2013 Cabot we will move to next stage

14/01/2014 Cabot We are sending your a/c to another DCA (FIRE)

29/01/2014 FIRE We have been instructed to recover the amount

07/03/2014 FIRE Despite repeated attempts – will be reviewed on 22/04/2014

31/03/2014 Cabot Statement of a/c Notice of arrears

22/04/2014 Cabot a/c will be referred to Marlin

22/04/2014 Marlin Notice of Change - Cabot have instructed Marlin to recover ref xxxxxxx

29/04/2014 Marlin important notice giving 7 days to respond

21/05/2014 Marlin Notice of Change – Mortimer Clarke Solicitors

28/05/2014 Mortimer Clarke Solicitors instructed to start court proceedings by client

20/06/2014 Claim form from Mortimer Clarke claimant Cabot.

[57alan0]

Views anyone?

[57alan0]

do I just give in?

[dx100uk]

did you send the CPR and the CCA requests?

 

did you ever get al the statement from citi?

 

dx

[57alan0]

cabot have sent me original copy of agreement and a statement from Secure Trust Bank (Moneyway) when I asked for CCA previously

 

Letter dated 15/03/2013 Cabot now got info and can enforce – statement of account from Secure Trust Bank and copy of original credit agreement attached.

 

- the only thing I am missing is NOA.

[dx100uk]

attached where

did they send org T&C for the time you took it out too

is it signed by you?

 

did you send those letters?