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Cabot/Mortimer - claim form halifax loan 'debt'


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Hi.

 

Ive just recieved a claim form from Cabot with regards to an old personal loan that went bad in 2009

and I was wondering if anyone could help me as what to do next?

 

 

Ive been looking at a couple of threads and am going to go onto the MCOL website and acknowledge.

 

Thanks in advance.

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hiya

 

 

can you fill this out please

and post the Q&A's back here

 

 

that will give us the info we need.

 

 

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

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Welcome Sooty.

 

Please read the thread below and put the answers to the questions in here so people can advise you.

 

Regards

 

SS

 

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

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Yay for the mighty cross post :D

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Name of the Claimant ? Cabot Financial (UK) Ltd

Date of issue 02/07/2015

What is the claim for – the reason they have issued the claim?

 

By an agreement between Halifax (HLX) and the defendant on or around 04/09/2009 ('the agreement')

HLX agreed to loan the defendant monies.

The defendant did not pay the instalments as they fell due and the agreement was terminated.

The agreement was assigned to the claimant.

The claimant therefore claims £7917.76

 

What is the value of the claim? £7917.76

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Personal loan

When did you enter into the original agreement before or after 2007? After.

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. - cabot

Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I dont recall getting this.

Did you receive a Default Notice from the original creditor? Not from halifax I dont think but from the debt company

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I dont think so.

Why did you cease payments? Loss of work

What was the date of your last payment? I did start paying money back via the debt company and the last payment was around 2yr ago.

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor a

nd make any attempt to enter into a debt plan? No

I will send a CCA request too.

Edited by sooty87
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Can you please confirm this CCA request to be correct.

 

Mortimer Clarke Solicitors LTD

16-22 Grafton Road,

Worthing

West Sussex

BN11 1QP

 

15/07/2015

 

 

[removed please don't post templates in the open forum - read the thread it does state thus - dx]

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CCA request goes to the claimant not sols

 

 

that's CPR 31:14 to them.

in the legal section of the library tab uptop left.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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CCA request goes to the claimant not sols

 

 

that's CPR 31:14 to them.

in the legal section of the library tab uptop left.

 

 

dx

 

The template was a completed template and was just asking for guidance before sending.

 

So I’ve now sent the CPR 31.14 Request.

 

ta

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  • 3 weeks later...

Could you look over my defence before I send it later.

 

Defence

 

Paragraph 1 is accepted that I have had financial dealings with Halifax Bank in the past I am not aware or ever been informed of any legal assignment of this account number to the claimant.

Paragraph 2 is not admitted with regards to the Defendant defaulting on payments and the Claimant is put to strict proof to evidence this breach.

Paragraph 3 is denied with regards to the amount the Defendant owing monies to the Claimant.

 

On receipt of the claim form the Defendant sent a CPR 31.14 request dated 15/07/2015 for a copy of the Loan agreement, Notice served under Sections 76(1) and 98(1) of the CCA1974, notice of assignment and a statement of account showing how the amount claimed has been reached, which form the basis of this claim.

This was signed for by the claimants’ “Palmer” on 16th July 2015, @ 07:42am (As per the Royal Mail Signed For™ service). The claimant has yet to comply.

 

Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show Notice served under Sections 76(1) and 98(1) of the CCA1974

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is

owed.

 

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

Until such time the Claimant can comply with my request for a copy of the Overdraft facility agreement/Notice served under Sections 76(1) and 98(1) of the CCA1974 it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief[/i]

 

 

 

Thanks.

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Should have been filed Monday

Where have you been for 3weeks?

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Did you not send a CCA request?

 

That is by far more important failure for them

CPR is a requeßt. Their failure means nowt really

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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and that's the OD defence not a loan one

never mind better than nothing

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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and that's the OD defence not a loan one

never mind better than nothing

 

 

dx

 

Really?......Claimant should have a field day:wink:

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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knowing cabot hopefully they wont even notice...:lol:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Fingers crossed then:wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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