Cabot Claimform - old Welcome secured loan - now applied for SJ & Lift the stay ***Claim DIscontinued***

[dx100uk]

the statements will be the key here.

 

 

what strikes me is you wanted £11k got a high int rate [but paid off a bit?]

then got a re-write but that was for over £12k ...urmm....

 

 

dx

[amac31]

Sorry, been busy with other posts, I have not checked this one for a while as everything has been quiet.

The rewrite was signed and completed on Welcome's Premises

[dx100uk]

still time to get those statements out and workout what has gone on

 

 

incase there s a claim in the wind

[amac31]

Sorry to resurrect this post but Cabot issued a claim in feb 2017.

I entered a defence on the grounds of not receiving any documents that I requested.

The claim was stayed and

 

now 21 months later I have received a letter from ascent legal along with the alleged documents requested.

Their letter states that

" in the absence of any response from you we have been instructed by our clients to continue action against us.

This will result in an application to the court to lift the stay and strike out the defence and/or request a summary judgement against you both."

 

it is the documents that they have sent that I am dubious about.

It seems that Welcome Finance predicted my marriage 2 years before I knew it was happening because the credit agreement and the land registry entry both have my wife's married name on them even though they are signed in her maiden name and dated 2 and a half years before we were married.

 

There is 2 years between a default notice allegedly sent to me then my wife, surely we should have both received them at the same time?

 

This account would be statute barred if it were not secured an the original account that was in dispute with Welcome and never resolved.

 

How should we respond to Ascent as they have given us 14 days to respond which is a little rich as it has taken them 21 months to reply to a CCA request.

Edited November 10, 2018 by dx100uk
spacing

[renegadeimp]

Can y ou post the docs up in pdf format, and redact info. Along with what you think is wrong and why

[dx100uk]

one multipage pdf please

read upload.

 

its quite usual for sols to send such a letter when they've eventually copied and pasted enough pertinent info that they believe will spoof you on to paperwork they already have in their or cabots filing cabinets.

 

as you say its crap and is pretty poor for 21mths work.

 

let me go see if I can unfathom this charge business you mention in previous posts...

[amac31]

Thanks,

I will scan and post documents tomorrow.

There is a charge on the property at land registry so why would they need to obtain a CCJ for a secured loan?

 

Can they go back to court and resurrect this claim without any further input from us or will we get to submit a new defence highlighting the irregularities in the paperwork?

 

surely this is blatant fraud as the documents have clearly been doctored with my wifes married name but clearly signed in her maiden name?

[dx100uk]

I would also be inclined to pay £3 I think it is and go get a new copy of the deeds from the land registry site

ENSURE you ONLY use the gov.uk site else you'll pay +£30.

 

since you upload the originals, the forum has had issues and those are not longer viewable

we'd need those put up again too to compare re post .22

 

also did they sar statements ever comeback from welcome.

 

re court … well they'll get clobbered and ofcourse until/unless they actually pay the N244 fee and send you a copy take what they say with a VERY large pinch of salt.

 

no I cant see why they are bothering...well I can, they must know the charge against your home is bogus or not worth the paperwork its written on.

 

can I just clarify one thing..the original charge for the original loan is this just in your name but the home is jointly mortgaged?

 

ie does it use the word restriction...

[amac31]

Yes I received the statements from welcome from the SAR. Funnily enough the copy of the agreement and land registry entry they sent also have my wifes married name on them so it seems that Welcome have sent the same doctored documents to Cabot/Ascent.

[dx100uk]

can I just clarify one thing..the original charge for the original loan is this just in your name but the home is jointly mortgaged?

 

ie does it use the word restriction...

[amac31]

The land registry and any subsequent charges have always been in both names as we purchased the property together but everything was in my wife's maiden name as it all happened before we were married. Here is Welcome's entry :

"4 (Date) Charge dated ** February **** in favour of Welcome

Financial Services Limited trading as Welcome Finance.

Title number TY******

Asterix denotes deleted identifying info.

 

No mention of the word restriction. The only mention of the word restriction is on the first charge by my mortgage company ( GE Money ( don't get me started ))

Edited November 10, 2018 by amac31
addition

[dx100uk]

oh yea sorry

I get the story now

you thread needed a wee bit of tidying up to make things clearer.

wont be a restriction anyway.as its not subject to a CCJ its a secured loan.

 

your situation in a nut shell is very much the same as lots here.

about 90% of people that had secured loans that were sold off by welcome in that era had the charges removed from their deeds.

you seem not to have

 

but on the other hand you are quite rare in that its cabot that have yours not the other usual plays.

 

this point even stronger toward it being a lemon debt, as cabot never deal in anything else really.

 

does the charge give a figure?

 

I would suspect cabot haven't a clue theres a charge they could use in their favour IF you were ever to sell.

they don't need to do anything.

 

which tallies with both our thoughs.

[amac31]

There is no figure on the charge, I have copied and pasted it exactly as it is on the register ( minus the dates ) in post 36 above.

 

Do you think we should reply to Ascent Legal or just wait to see what they do?

 

With reference to your post above, they clearly know there is a charge as they have sent us a copy of it but it now contains my wife's married name instead of her maiden name.

 

So I do not know what they are playing at.

[dx100uk]

no you wait to see if they do take the gamble and actually pay the fee to raise the N244.

 

they haven't a clue what they are going on about and today no-one ever does wwhere they have a welcome account they are trying to fleece people on.4

 

if you've not read it

theres a multipage thread from cruzhughes below yours have a read...[sorry]

[cruzhughes]

You can apply to LR for a copy of the deed, which is held under titleby completing form OC2 enclosing a cheque or postal order for £7 per document requested and posting to the following address.

 

Do this it will give you much more info on Loan/charge refers to

[amac31]

I have the latest copy from land registry ( Nov 18 ). and as I stated Welcome have a charge on the property but not a restriction.

[cruzhughes]

You’ve only had the £3 one haven’t you?

 

After you’ve had that you can then fill in an oc2 form https://www.gov.uk/government/publications/official-copies-of-documents-registration-oc2

 

this will give you more information on The Charge you can see.

[amac31]

What other information will this document show? What will happen to this charge as Welcome Finance are no more?

[cruzhughes]

Well on mine it give me an extra piece of paper which is what Welcome would have had to lodge with Lr to obtain charge. Including an agreement no and who signed it which you don’t get by paying £3. Plus if you ever get to court you will need this official copy. What Welcome provided me in sar was different to what I had via oc2

 

As for the latter I’m unsure I’ve been battling with Welcome and the new company for almost 3 years.

 

The more infomation you get now the better. It could be that dates agreements no’s are different who knows till you get the second doc

[amac31]

Not only are they different, they predicted my marriage 2 and a half years before it happened as they have my wife's married name on the document even though it is clearly signed in her maiden name. The copies of the alleged credit agreement are also the same , signed in her maiden name but at the top it has her married name.

[cruzhughes]

Who’s copies welcome and yours?

 

Who’s to say on the LR ofiical copy it could be just one signature this is why I’m urging you to get the official copy from Lr to see what it is. The deed only gives the info of date charge was registered and by who. Not any sigs or Agreement numbers

[dx100uk]

What other information will this document show? What will happen to this charge as Welcome Finance are no more?

 

welcome still exist...

but as the debt has been sold, it's cabot who would get the money IF you ever sold the property.

[cruzhughes]

Are Cabot or welcome or both on the title register the one you paid £3 for?

[amac31]

Its only Welcome that are on the title.

[amac31]

You’ve only had the £3 one haven’t you?

 

After you’ve had that you can then fill in an oc2 form https://www.gov.uk/government/publications/official-copies-of-documents-registration-oc2

 

this will give you more information on The Charge you can see.

 

Hi, I am sending this form off tomorrow, a couple of quick questions.

1. What is the nature of the document I am requesting?

2. What date do I need to put where it says date of document requested?

Thanks in advance.