cabot claimform for old welcome finance 'debt'

[FredT]

Hi

 

I have just received a County Court Summons and have until 16 July to reply to it

It relates to a loan that I took out in 2006.

 

The Particulars of Claim merely state

'The claimant claims payment of the overdue balance due from the Defendant

under a contract between the defendant and Welcome Finance dated

on or about 21/3/2006 and assigned to the claimant on 25/06/2013 in the sum of £2,626'.

 

I have read that this may be statute barred as the loan is more than 6 years old

- but I don't think it is a simple as that

- if it was, why would they take me to Court.

 

Can anyone help on that point?

 

Also, how am I to know that the amount claimed is correct?

 

Can I ask for a full breakdown of the amount claimed

- and if so, how does that affect what I do in reply to the County Court summons.

 

Any help gratefully accepted please.

 

Fred

[citizenB]

You need to have NOT made any payments or acknowledged liability for over 6 years in England and 5 years in Scotland.

 

I say "over 6 years" because it is actualy from the date of cause of action.

 

So .. you stop making payments the Lender can then put in place the process for reclaiming their money. They need to send you a Default Notice which the borrower ignores - they then send a Termination Notice at which point they can then send in the DCAs or issue a claim for their money.

 

So if you add on say 2 months after you ceased payments then you should be able to claim that the debt is statute barred.

 

Can you please read the following thread linked below.. and provide us with the information requested - in this post.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(2-Viewing)-nbsp

 

Once you have given us the details required we can advise you further.

[FredT]

I think that I have given all the information that you require except:

 

1. Name of claimant: Cabot Financial UK Limited

2. Date of issue of summons: 27 June

3. The action relates to an unsecured personal loan taken out as per my previous thread in 2006

4. The Particulars of Claim as per my previous thread state that the debt was assigned to Cabot in 2013

5. I do not recall receiving any notice of assignment

6. I have had calls from Cabot and I think I may have made them payments but I can't remember and I don't know how to search back through my Bank statements to find out

 

What should I do now?

 

Fred

[FredT]

I think that I have given all the information that you require except:

 

1. Name of claimant: Cabot Financial UK Limited

2. Date of issue of summons: 27 June

3. The action relates to an unsecured personal loan taken out as per my previous thread in 2006

4. The Particulars of Claim as per my previous thread state that the debt was assigned to Cabot in 2013

5. I do not recall receiving any notice of assignment

6. I have had calls from Cabot and I think I may have made them payments but I can't remember and I don't know how to search back through my Bank statements to find out

 

What should I do now?

 

Fred

[sequenci]

Hi Fred,

 

When did you stop making payments?

[FredT]

I can't recall when I last made a payment. They called me so many times on the phone that in the end I made an offer and made some payments - probably paid in the last 6 months to the company that the debt was assigned to.

 

Fred

[SteveH2508]

If you paid something in the last 6 months it is likely not statute barred - unless there was a clear period of 6 years in which you made no payments and did not acknowledge the debt - sorry.

[citizenB]

Ok, your timeline is as follows:

 

Date of issue - 27 June 2014 + 5 days for service = 01 July 2014 + 14 days to acknowledge = 15 July 2014 +14 days to submit defence = 29 July 2014.

 

You need to send the CPR request from the following link to the solicitor named on the claim form.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

As you can only request copies of documents mentioned in the claim form you must amend the CPR draft to include

 

1: Agreement

2: Notice of Assignment

3: Statement of account to show how the £sum claimed has been assessed.

 

You should send by a tracked mail service.

 

I notice htis is a Welcome Finance loan, do you know if htere was any Payment Protection Insurance added to this account ?

[BRIGADIER2JCS]

Cabot will need the original agreement as this was signed up before April 2007.

[FredT]

Thanks. Today is the 15th and I have just heard from my Bank that they have no trace of any payments to Cabot or Welcome over the past 12 months at least.

 

How can I file an acknowledgment as I may not actually have a defence?

 

I think I can do that online today? Or am I too late?

 

Help!

 

Fred

 

Ok, your timeline is as follows:

 

Date of issue - 27 June 2014 + 5 days for service = 01 July 2014 + 14 days to acknowledge = 15 July 2014 +14 days to submit defence = 29 July 2014.

 

You need to send the CPR request from the following link to the solicitor named on the claim form.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

As you can only request copies of documents mentioned in the claim form you must amend the CPR draft to include

 

1: Agreement

2: Notice of Assignment

3: Statement of account to show how the £sum claimed has been assessed.

 

You should send by a tracked mail service.

 

I notice htis is a Welcome Finance loan, do you know if htere was any Payment Protection Insurance added to this account ?

[citizenB]

You need to register with MCOL - the details are on the claim form.

 

You will need to acknowledge by mid night tonight.

[dx100uk]

you need to defend all

 

else you'll get a CCJ by default no matter what you do.

 

dx

[FredT]

Thanks to all. I have filed the AOS online and also printed and will post tomorrow the CPR letter.

 

What might happen next?

 

Someone on here said that if I had not made any payments to the Claimant for the past 6 months the action is Statute barred?

 

If they supply the documents requested in the CPR what do I do with them - what am I looking for that will enable me to defend the action?

 

Fred

[FredT]

My Bank says that I have not made any payments to Cabot for beyond 12 months.

 

Likewise with Welcome.

 

When I paid Welcome it was always cash at their office - but not done that for years as their local office closed down at least a couple of years ago.

[dx100uk]

sb is 6yrs not months.

 

dx

[dx100uk]

send cabot a CCA request

blank £1 PO

 

send the solicitors a cpr 31:14

 

DONT sign either letter.

 

might be worthy to have a look at your credit file

to see if this shows

 

dx

[FredT]

Hi

 

Will do both but for what purpose? How will the responses form my defence?

 

Fred

[FredT]

Why not sign the letters?

 

Fred

[dx100uk]

you don't want them lifting your sig onto made up paperwork.

 

they MUST hold an enforceable agreement

 

go read the forum you are in

 

lots to read up on.

[dx100uk]

theres even a dedicated welcome finance forum too.

 

they are well known for dodgy agreements/ppi/ gap/mech breakdown insurances setc etc.

 

back later

 

dx

[dx100uk]

your time now should be spent reading up

 

you've not got to do anything more to do court wise

as you've defended all until 33 days from the claimform date.

 

I would suspect looking at the brief details you've posted so far

that there a chance there was a period of 6yrs

[from after 2006 when you stopped? paying]

till when you restarted paying again

after getting spoof by a DCA into it?

 

tell us the full story of the debt.

what was the loan for

was this your only welcome loan

did you inform them at anytime you were having financial difficulties?

 

not got any paperwork lying around still have you?

 

all will help us to help you.

 

dx

[FredT]

Thanks. Why do I need to check my credit file? How does that help with the Court case?

[dx100uk]

would confirm your suspicion of it being SB'd?

 

dx

[FredT]

Hi

 

I sent the two letters off - one to the Solicitors and one to Cabot. As per 100dxuk's advice I did not sign either. The solicitors sent my letter back stating that they could not act on it as it purported to come from me but was unsigned. I have signed and returned it again.

 

I have had a letter from Cabot in response to the CCA request saying that they have to get the agreeement from Welcome and have 40 days in which to do that.

 

I filed my AOS on the deadline day which was 15 July and so I think I need to file a defence ***TODAY, 29 July**??

 

If that is the case, what is my defence?

 

Can anyone help please?

 

Also, should I ask for the case to be transferred from Northampton to my local Court?

 

Fred

[BRIGADIER2JCS]

Hi

 

I sent the two letters off - one to the Solicitors and one to Cabot. As per 100dxuk's advice I did not sign either. The solicitors sent my letter back stating that they could not act on it as it purported to come from me but was unsigned. I have signed and returned it again.

 

I have had a letter from Cabot in response to the CCA request saying that they have to get the agreeement from Welcome and have 40 days in which to do that.

 

I filed my AOS on the deadline day which was 15 July and so I think I need to file a defence ***TODAY, 29 July**??

 

If that is the case, what is my defence?

 

Can anyone help please?

 

Also, should I ask for the case to be transferred from Northampton to my local Court?

 

Fred

Cabot do not have 40 days to comply with a CCA request, this is something allegedly made up by the CSA and it's nonsense 12 + 2 working days end of story.

E-mail or write and tell Cabot put up or shut up asap.