Claimform Mortimer/Cabot - Online/Carcraft car Financial 'debt'

[GeneralMayhem77]

i all,

 

This is my first post, so please bear with me.

 

Today I have received a notification of court summons by Mortimer Clark Solicitors for a Cabot Financial Services debt.

 

This dates originally from 2003, when I took out a car finance with Online Finance, via our old friends, Carcraft.

 

Due to losing my job etc etc, I defaulted on the original loan,

however contacted them to arrange a repayment of the arrears and to set up a new direct debit,

which the provisionally accepted, pending a visit from one of their agents.

I dutifully agreed to meeting them (August 2004), and stayed at home all day awaiting their arrival.

 

They never turned up,

I made several phone calls, to try and pay by debit card over the phone, which was refused,

this went on for a number of months, into early 2005, when

out of the blue, I received a letter stating they were coming to repo the car.

 

 

I agreed that they might as well, and was assured sale price (full market value) would be deducted from the debt.

 

Role on about 6 weeks, I get notification that they sold the car for £1500!

(at the time, I calculated full market value to be in the region of £5700, a 2001, Renault Megane, 1.6i, 5 door with all the trimmmings),

purchase price including interest being around £10300, of which I had paid approx £3000, when the car was repo'd.

 

Roll to 2005 when I got a debt letter for £7300, the original debt,

including interest less what I had paid, but not deducting the sale price,

which I had tried to dispute, but all correspondence was ignored.

 

I set up a debt management plan, and paid for about a year, when I was made redundant, and ended up cancelling it because the firm I was with were useless.

 

Roll to today, 8 years later and I receive this court notification.

 

Please note that I have also moved house approx 8-10 times in this period, and have NEVER acknowledged or responded to any debt collection notices for this debt.

 

The court papers state that Cabot bought the debt on the 30/09/2008,

the court papers issued on the 26/08/2014,

34 days short of 6 years from when they say they purchased the debt!

 

I know that I was getting letters to various addresses from as early as 2005 from Cabot,

usually forwarded by previous landlords, or collected from previous addresses in person,

but always ignored, and never acknowledged.

 

I need some serious and urgent help in compiling the defense, and help in getting this won in my favour, but haven't got long to do it in, 14 days.

 

I regret I have no longer got any documentation regarding the vehicle, sale etc due to house moves etc.

 

Please help me!!!

[BRIGADIER2JCS]

Hi Welcome to CAG.

 

 

You need to acknowledge the claim asap. What is the date of issue on the claim form?

Have you checked your credit files yet? If not do so now.

When did the DMP end?

You need to know what the default date is.

Who is the original creditor?

 

 

Please post up a suitably redacted copy of the Particulars of Claim (POC)

[GeneralMayhem77]

DMP finished in 2005, the claim frm was issued 26.08.2014

The original creditor was Online Finance, via Carcraft

Credit Files, currently getting.

Unable to post claim form, but tell me what you need and I will add it

[ims21]

Hi Mayhem and welcome to CAG

 

Can you please have a read of the following and answer any questions that you have not already provided the information for.

 

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

 

The legal guys will be along as soon as they are available.

[BRIGADIER2JCS]

DMP finished in 2005, the claim frm was issued 26.08.2014

The original creditor was Online Finance, via Carcraft

Credit Files, currently getting.

Unable to post claim form, but tell me what you need and I will add it

 

 

Just the particulars of claim section (POC) remove personal identifiers, barcode etc. Just type in verbatim.

[GeneralMayhem77]

The claim is for balance of installments due and unpaid under an agreement regulated by the Consumer Credit act 1974

dated 26.09.2003 and under which Online Finance agreed to sell the Defendant goods for a price payable

by installments ("the agreement")

 

 

The Agreement was assigned to the Claimant on 30.09.2008.

 

PARTICULARS

 

1. Amount unpaid 7045

The Claimant has complied with Section III & IV of Practice Direction - Pre-Action Conduct

The Claimant therefore claims:

1: Amount Due and unpaid: £7045

 

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. Account Assigned Debt Purchaser Issuing.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No notice of Assignment Received to my knowledge

 

Did you receive a Default Notice from the original creditor? Not that I can remember - but 9 years is a long time ago!

 

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 disagreed with the sale price of vehicle after repossession

 

Was there a dispute with the original creditor that remains unresolved? Yes, they never responded to calls and correspondence, have not had any contact with them since 2005

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Debt Management plan entered into in 2004 and cancelled in 2005 due to DMP being unhelpful, no statements etc,

 

I have checked my Credit File with Experian this morning, and this debt is not listed as active in the last 6 years, and is not on my file...

 

Looking forward to all and any help.

[theoldrouge]

Are you aware of the court timetable by which you MUST ahere

 

You have 33 days in total

 

Date of claim form is day one

 

5 days served (inc date of issue) plus 14 days in which to acknowledge

 

Plus 14 days to submit defence -

 

Register on mcol,acknowledge , tick defend all ASAP

 

ASAP send CCA request to claimant

 

CPR31.14 request to claimants solicitors

[theoldrouge]

Ensure you head all correspondence- I Do not acknowledge any debt to yourselves or any company you claim to represent

[obiter dictum]

The obvious question to be asked, when was the last time you made a payment or written acknowledgement of this debt

[GeneralMayhem77]

Last acknowledged the debt in 2005. Not answered or responded to ANY correspondence since that date.

 

Clock is ticking guys, need to get the defence worded and entered ASAP please

[ims21]

There is no rush to get your defence in...you have by my reckoning until 27 September to do that.

 

Have you sent off the CPR and CCA requests as advised? If not then that is your priority.

 

This looks well statutory barred to me.

[GeneralMayhem77]

have checked my Experian Credit file and it no longer appears on there.

 

 

About 18 months ago, I contacted Experian reference this debt and they checked the history of it

and flagged it for removal as it was over 6 years old.

 

 

I have not requested the CPR or CCA as yet, will send a letter to MCS on Saturday.

 

 

Even if they have the original CCA it is dated, as per the Court Claim form as 26.09.2003, so 11 years ago.

 

I personally have no records left as multiple house moves and time have caused me to slim down the paper trails I have!

[ims21]

Go through the process to see if they have the agreement.

 

If it is SB then it matters not what they have got and what they haven't. SB is an absolute defence.

[GeneralMayhem77]

Roger that will write and request.

 

Do I need to pay them anything to make that request? I am skint til payday! (19th)

[ims21]

Yes it is £1...cheque or Postal Order.

 

Whichever you use just mark it "for statutory fee only".

 

The templates for a CCA request and CPR are in the library, the link to which is at the top of every CAG page in green.

[dx100uk]

pers I'd get them off

 

 

the only cost is 2 1st class stamps

and ONE £1 BLANK PO for the CCA request

 

 

you can use free proof of posting at the PO counter

 

 

dx

[GeneralMayhem77]

cheers guys

[GeneralMayhem77]

Quick update,

 

Sent off for CCA as informed with a PO for £1, left without filling out the Payee section. They have returned the PO requesting the PO be filled out to them.

What is the next step...

 

Cheers

[dx100uk]

there is no requirement to make to po payable to anyone.

 

 

this is simply a delaying tactic.

 

 

dx

[GeneralMayhem77]

So what is the next step.

 

Send the PO back stating that there is no requirement to have it addressed to anyone? Also shall I send them the Statute Barred Letter?

[dx100uk]

too late for silly SB letters

 

 

if you are confident it is SB'd

 

 

then file the SB defence available on here now on MCOL.

 

 

you can name the payee on the PO of the CCA and send it back if you wish.

 

 

dx

[GeneralMayhem77]

Update,

 

Defense sent to Court as Statute Barred....fingers crossed