Cabot/weightmans - claimform - Moneyway loan , i know nothing about

[dx100uk]

well defaulted more than 6yr ago and has been removed

 

never to return.

 

dx

[lovetobake]

Ok, have received a letter today from Cabot, probably a standard letter which reads:

 

Thank you for your request for information under CCA 1974.

 

Cabor financial currently does not have this information on file.

 

However, we have requested the relevant information under section 77 and/or 78 of the CCA 1974 from the original lender.

 

We anticipate that we shall be able to provide this information within 40 days.

 

 

In the event we are unlikely to obtain this information within those time limits, we will write to you again.

 

Would appreciate guidance as to what I should do next.

 

 

I am suspecting that this is a standard fob off letter from Cabots trying to pull a fast one on me.

 

Will my defence be that they have failed to produce a valid agreement

and that if there were any such debt, which I am sure there isnt,

it would be statute barred?

 

LTB

[dx100uk]

as post 22

 

unless you are 100% sure its SB'd.

 

did you have a loan from CITI Finance

moneyway typically inherited the admin of those early loans when CITI was sold off.

 

dx

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?347489-mortimer-Cabot-Claimform-Citi-loan-sold-to-Moneyway.

[lovetobake]

Ok dx, so I need to research "no paperwork/holding defence" for my defence?

 

Yes I am sure it is SB because the claim has been issue in my maiiden name

and I have not used that since 2008, plus it is not on my credit file.

 

Many thanks

LTB

[dx100uk]

then I'd enter the statute barred defence now on MCOL

 

nicked from andyorch past thread

 

The following defence is all you need if it is SB

 

1. The Claimant's claim was issued on (insert date).

2. The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation action 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

Regards

Andy

[lovetobake]

Thank you dx for your help, I will do that shortly. What is likely to happen next once I have filed the SB defence?

[citizenB]

Thank you dx for your help, I will do that shortly. What is likely to happen next once I have filed the SB defence?

 

Once you have submitted your defence, the claimant has 28 days in which to advise if they wish to proceed. If they do, the court will inform you of the transfer of papers to YOUR local court and you will receive a Direction Questionaiire. Basically it requests a little more information from both you and the claimant.

 

If the claimant doesn't respond within 28 days, the claim will be automatically stayed (put on hold) by the court. Either party can apply to have the stay lifted. But there will be a fee for this.

 

Alternatively, if the claimant accepts/doesn't challenge your defence, then they should discontinue.

[lovetobake]

I have just filed the defence kindly provided by dx.

 

Does anyone know if you sign into the claim on MCOL whether or not the claimant has responded to anything you have done?

 

or can you only see what actions you have taken?

 

Many thanks

LTB

[AndyOrch]

Only the actions you have taken...if the claim is allocated...MCOL comes to an end and its then dealt with from your local County Court.

 

Andy

[lovetobake]

Ok Andy, I will post back on here once I have had some kind of response from whoever. Many thanks

 

LTB

[lovetobake]

Letter received from court yesterday advising they have received defence and are serving it to cabot.

 

Gather that this is just standrd practice and will just have to wait and see what Cabots next move will be.

[AndyOrch]

Letter received from court yesterday advising they have received defence and are serving it to cabot. Gather that this is just standrd practice and will just have to wait and see what Cabots next move will be.

 

Correct

[lovetobake]

I have received a letter today from sols saying:

 

"we write further to our receipt of your defence in which you state the account is statute barred.

We have today requested a copy of your statement of account,

together with copies of all previous written acknowledgements of the debt, from our clients

and will forward copies of these documents to you upon our receipt of the same.

 

By way of further information however, we note that following a default on the terms and conditions of your credit agreement,

which occurred in or around April 2009, the above account was terminated by Moneyway on June 1 2009,

before being assigned to Cabot Financial UK Limited on 30 August 2011.

 

Please note that as the last payment made towards your account was on 6th August 2009,

the account is not considered statute barred by virtue of section 29(5) Limitation Act 1980.

 

Accordingly, we have advised our client to oppose your defence and proceed with this matter to trial.

 

Should you wish to discuss the contents of this correspondence further, please do not hesitate to contact the writer."

 

OK now I dont know what to do.

There is nothing on my credit file,

I have not been known as the surname they say since 2008 and

I dont ever remember having any dealings with a company called Moneyway.

 

 

They have not accepted my defence, and Cabot are not able to supply me with documentary evidence,

so if they dont have any details how can the solicitors have the historical dates?

 

As always, advice would be greatly appreciated.

 

 

Have I stuffed it by submitting a defence?

 

LTB

 

Just going to donate now.

[dx100uk]

std willy waving.

 

 

just reading back through the thread oleg and myself indicated strong links to buying CITI finance debts

 

 

does that name ring any bells

 

 

dx

[lovetobake]

hmmm citi rings a bell but cant be 100%. Should I just sit tight or should I send CPR to Weightmans or something else?

[dx100uk]

well if it was a CITI debt

 

they have a really hard time in getting your signed CCA

 

and an ever more hard time the CORRECT T&C's

 

going by other threads here I bet it was

as moneyway purchased the citi loans and regularly try and fleece people into paying up

hoping that if they try and obsure the true original of a debt behind numerous debt buyer

the mugs they erite too will blindly cough up.

 

think you are on a winner here

 

 

they've still gotta honour the CCA regardless to your SB defence.

 

 

dx

[lovetobake]

O thankyou dx, I thought I had blown it.

 

I have just checked the other credit ref agencies and it is def not on there.

 

Will I still be able to contest this all the way to the court if they dont cough up the docs?

[dx100uk]

next move is theirs as andy says.

 

 

you have contested it already.

 

 

dx

[lovetobake]

next reply received.

 

I have had a letter from weightmans offering me a deal to settle.

Now I guess they realise that they are clutching at straws here because,

if I did ever have a debt with them which I honest to god cant remember, s

o I am pretty sure I didnt, then it is most definately statute barred as per my defence.

 

They have not come up with any paperwork or proof to the contrary.

 

They say they want to try and resolve the matter amicably without the need to incur costs.

 

how should I reply?

I am not entering into any agreement with them and want to tell them to go and do one!

 

 

I will take my chance if they proceed down the court route because I really dont think I had any dealings with them.

 

Thanks folks

LTB

[AndyOrch]

So, my next question to you guys is, how should I reply? I am not entering into any agreement with them and basically want to tell them to go and do one! I will take my chance if they proceed down the court route because I really dont think I had any dealings with them.

 

Answered your own question there...dont reply

 

Andy

[dx100uk]

please give us something before we have to run away

 

your SB defence is already absolute protection

and all you need to say to them.

 

ruddy fleecers

good job you came to cag.

[lovetobake]

You guys are amazing

[lovetobake]

Hello everyone,

 

 

following on from my last post,

I have still yet to reply to Weightmans but still trying to work out what I should write.

 

I have today received letter from Cabot stating that they are still trying to obtain the info I asked for in my CCA request from the lender,

but my account will remain on hold until such time as they can comply with my request.

However, I am still obliged to pay the debt and theyn would recommend that I contact them asap to set up a repayment plan.

 

They are obviously banking on me being stupid and not have found a wonderful site such as this one. Unlucky them on both accounts!

 

I am thinking about sending the same letter both to Cabot and Weightmans

stating that I dispute ever owing the sum of £**** to Moneyway or Cabot or any other company

and will continue to dispute unless they can prove otherwise.

 

 

In the unlikely event that they are able to produce the signed agreement,

any such debt would most certainly be Statute Barred as the so called debt you are trying to pin on me is in my maiden name which I have not used for over 7 years.

 

What do you think caggers?

[dx100uk]

as post 46 you do NOTHING.

 

 

dx