Claim form - Cabot for Old Lloyds TSB Loan

[Madge67]

Well they are like buses aren't they - I've heard nothing for months, well years actually and then 2 claim forms in 2 weeks - great!!

 

I received this one on Saturday morning for an old Lloyds TSB loan that I took out in 2004. I just wondered if I could have a bit of help with it please.

 

Name of the Claimant ? - Cabot Financial

 

Date of issue – 10/12/2014

Date of issue 10/12/14+ 19 days ( 5 day for service + 14 days to acknowledge) = 28/12/14 + 14 days to submit defence = 12/01/2014 (33 days in total) -

[EDIT 33 days is 11/1/15, but you need to file by 4pm Friday 9th - dx siteteam]

What is the claim for –

 

The claimant claims payment of the overdue balance

due from the Defendant under and contract between the Defendant and Lloyds Bank

- Unsecured Loan dated on or about Dec 24 2004

and assigned to the claimant on July 18 2014 in the sum of 7486

 

What is the value of the claim? £7486

Is the claim for a current or credit/loan account or mobile phone account? Loan

When did you enter into the original agreement before or after 2007? No

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. Assigned to Cabot

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I cant remember

 

Why did you cease payments?

- Financial difficulties - I had no work for a long period of time after having my baby (I was self employed)

What was the date of your last payment? I cant remember

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 throughout 2008 - 2012

Madge

[AndyOrch]

We can only advise if you provide a little history...what date did you default......surely you can find out when your last payment was ? Is it showing on your Credit files?

 

Regards

 

Andy

[Guest]

is that all of their particulars?

 

cld consider this to start, see what if anything they come back with. http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

 

and, a cca request.

 

you mention poss paying. a consent/tomlin/time order may help re that. always up for negotiation.

[Madge67]

I've check my credit file and the default date is 08/12/10 - no mention of the last payment date on there unfortunately but it would have been about 2011/2012.

 

 

I too thought the particulars of claim were quite vague Ford and thanks for the link I'll have a check through it

 

 

Thanks guys

[Madge67]

Hi Ford

- I've had a look at the link and

 

 

I just wondered how I can request any document from Cabot if they haven't mentioned any on the particulars of the claim?

 

 

- Please excuse my ignorance though I'm really not used to dealing with court stuff

and I have another one I've just received as well

- it frightens the beejeysus out of me.

[Madge67]

Hi,

 

 

I'm going to send off my CPR request today and just wanted to make sure I am asking for the correct info.

 

 

Based on Cabot's POC please can someone advise so I get it right.

 

Also should I be doing or asking for anything else at this stage?

 

 

Thanks

 

 

Madge

[Guest]

Hi Ford - I've had a look at the link and I just wondered how I can request any document from Cabot if they haven't mentioned any on the particulars of the claim? - Please excuse my ignorance though I'm really not used to dealing with court stuff and I have another one I've just received as well - it frightens the beejeysus out of me.

 

a 'contract' is at least mentioned, which should be a document.

and possibly assignment as well, but you say you've previously had a notice re that.

 

they might not even reply/respond to the request anyway

 

try not to worry, the guys will help out

 

start another thread for the other one if need help on it.

[Madge67]

Thanks Ford, I appreciate your reply. I have another thread for my other claim already but thanks for the advice re this one

 

 

I will ask for the 'contract' and also the proof of assignment'

Can anyone else advise if there is anything else I can ask for please

 

 

- I really need to get this sent off asap as I'm away over xmas.

 

 

Also do I need to do anything else at this stage

 

 

Thanks guys

 

 

 

xx

[Guest]

...

I will ask for the 'contract' and also the proof of assignment'

Can anyone else advise if there is anything else I can ask for please - I really need to get this sent off asap as I'm away over xmas. Also do I need to do anything else at this stage

 

Thanks guys

 

xx

 

those seem to be the only poss 2 docs mentioned in their partics.

 

even if they dont reply,

they'll still have to formally disclose at some point what they rely on.

 

did they claim interest in their partics?

 

you've said that you received prior a default notice. was that compliant?

 

also, do a cca request asap

 

keep to court timelines. if defending,

acknowledge service within the 14 days with intention to defend.

 

 

you then have a further 14 days from the initial 14 to submit the defence

 

was there any poss missold ppi payments on this?

[dx100uk]

fri 9th jan by 4pm defence filing time deadline

not the 12th as per above

[Madge67]

Hi Ford thank you for your response again

 

 

To be honest I cant find a copy of any default notice so I have to assume they did serve one. No PPI on the account.

 

 

I'll get my CCA request and CPR requests off tomorrow

 

 

Thanks again

 

 

Madge x

[Madge67]

Oooops okay thank you for pointing that out to me Dx

[Guest]

To be honest I cant find a copy of any default notice so I have to assume they did serve one.

 

Madge x

 

 

dont you assume then. for them to show one was issued/served, if a def notice was applicable in your case.

did they start asking for the balance prior to the end of the term of the loan?

[Madge67]

Oh gosh you are right - I shouldn't assume anything.

 

 

I really cant remember Ford

- I know I'm not being very helpful about this debt at all but

this is because my hubby and I have had a really traumatic couple of years

so our debts became the least of our problems.

 

 

Everything fell to the background,

 

 

I cant even find all my old paperwork - just odds and sods of reminder letters from agencies

where the debt was passed between about a hundred of them - but nothing really useful.

 

 

xx

[Guest]

they have to reply to a cca request

 

cca request to the claimant.

 

what you cld also consider is a sar to loyds. but, they wld have 40 days to comply with that.

 

do you have/own property?

[Madge67]

Hi Ford

 

 

Yes I have the CCA request ready to go tomorrow and yes I think Iwill SAR Lloyds and get that sent as well

 

 

Yes we own our home (with a mortgage). Why do you ask?

 

 

thank Ford

[dx100uk]

jointly?

 

 

dx

[Madge67]

Yes Jointly

[Guest]

........ Why do you ask?

 

 

thank Ford

 

 

hi

just asking. as they seem generally would be more likely to litigate if someone has assets that they can potentially secure on if judgment eg a charging order.

 

your alleged agreement is prior to 07, so they wld need to show there was a signed ie executed agreement.

[Madge67]

Ahhh yes I thought that may be why - Well they can try but there is already a charging order on the property so they would be totally wasting their time to be honest.

 

 

Thanks guys

 

 

Madge

xx

[Guest]

Hi Ford

 

 

Yes I have the CCA request ready to go tomorrow and yes I think Iwill SAR Lloyds and get that sent as well

 

 

 

 

 

thank Ford

 

maybe see what comes back from the cca/cpr requests first before doing the sar?

[Madge67]

Hi everyone,

 

 

I hope you've all had a good and peaceful xmas.

 

 

Just had a thought - I sent the CCA request on 20th December which means with all the holidays, they have until about 13th Jan to reply. My defence is due 9th Jan - Hmmm what happens in that situation? Do I still file my defence as though they haven't provided it?

 

 

Thanks guys

 

 

Madge

[AndyOrch]

Yes Madge

[Madge67]

Thanks Andy

[Madge67]

Hi all

 

Had a reply today regarding my CPR and CCA requests from Cabot and Restons Sols.

 

 

Now do my eyes deceive me or are they both saying they don't have these documents. See what you guys think!!

 

Is this my defence?

 

Thanks

 

Madge