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    • Hi dx,   Yes, it does say on the letter 30 days to reply.   Sorry, it was addressed to him, I just said I received it in my initial post for simplicity, really. His name is on the agreement. In hindsight there was a lot wrong with the sale: he only has a provisional license, appropriate affordability checks weren't carried out etc, you know what car salesman are like, they're only interested in the sale.    Yes, I rang them up and said I had lost my job. I asked if the payments could be reduced or that the finance term could be extended but they would only accept voluntary termination and then requested that I sent them an email to confirm my  decision which I confirmed on 21/07/2020. I sent several emails back and forth stating over and over that I could in no way afford to pay back the amount. They did unfortunately, email back with regards to paying 50% of the outstanding back:       However, there was no mention of anything other than voluntary termination?  
    • That would be me.   Any signs of the response yet?
    • ah good. changes things then. but you must reply to them within 30days. we'll deal with that later.   now why are you getting this letter if the agreement you said earlier is in your brothers name? should be in his name its also not on that they did that, it was obvious you could not get the credit , so can you clarify please who's name is on the agreement too?   what is also not very nice either is they scammed you into handing the car back under i would assume voluntary surrender, whereby you owe everything, rather than telling you you could voluntary terminate only owing to the 50% mark.   can you expand upon the how the handback came about and what they did and didn't say?   all of the above if true bodes well to p'haps buffing this debt away .   dx
    • Hi dx,   The letter does not have any title but, it does have attached to it a reply pack with an income and expenditure form included.   No problem, I'll scan and upload the agreement tomorrow so you can have a browse. Just as an aside, the agreement does say on the top of the page hire agreement regulated by the Consumer Credit Act 1974. So I was wrong.   Thanks!
    • Thank you both. My defence was as vague as their Claim.   1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied.   2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists.   3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document.   4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either.   5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided.   6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
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Cabot/mortimer claimform - JD WILLIAMS T/A Marisota Cat Debt


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I'm posting on behalf of my son and his partner, and are in need of some assistance.

 

On the 14th December 2015 my son and his partner were served with separate MCOL claims,

one for Jacamo and

the other for Marisota.

 

 

I'm familiar these two accounts belong to the JD Williams group of companies.

 

A little background.

 

My son and his partner did have separate accounts for those mentioned above while they were living at home with me and my partner.

I know for a fact my son and his partner sent both Jacamo and Marisota a letter stating they had moved home.

 

 

However over many months both started to receive letters,

I was instructed by my son just to write the forwarding address on the envelope and to place it back in the letterbox.

Several months passed where every week I was sending mail back and then suddenly it stopped,

 

 

fast forward around 2-3 months later,

just shortly after the 14th December 2015 two MCOL claim packs arrived at my sons new address

one for my son and

the other for his partner.

 

The DCA responsible for this is CABOT and the solicitors Mortimer Clarke.

 

 

while it appears CABOT are happy to send correspondence to my son and partners previous address,

they then go on to issue the MCOL forms at their new address,

it seems to me CABOT knew what they were doing to cause confusion.

 

I have today with the assistance of my son and his partner completed the Acknowledgement of Service on the MCOL portal,

so we don't have to get a defence in right away

but at least we have a little more breathing space of around 14 days.

 

The particular problem for my son is I have been looking through his contract of employment

and should he get a CCJ his employer will dismiss him,

 

 

I'm not sure if they can dismiss him should his partner get a CCJ,

but for him and his family it would be devastating considering he is the single earner in the household

with a two year old child and another on the way.

 

My concern is how to approach this,

I know what CABOT have done is utterly despicable but for my son there has to be a way of dealing with this either by defending or by a Consent Order.

 

I know there will be the judgemental few out there who will try and say well they should have paid their accounts,

but when your youngest child has been seriously ill and you are losing 3-4 days a month from work for hospital appointments

then these matters have to take a back seat.

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can you confirm please....

they have two separate claimforms

one each for DIFFERENT DEBTS.

or

they have each received a claimform for the same debt?

 

 

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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ok thank you

 

 

can you start a new thread

 

 

for the other claimform so's we keep them separate..

and fill in and copy and paste the Q&A for each one too.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

 

thank you

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

I'm posting on behalf of my son and his partner, and are in need of some assistance.

 

On the 14th December 2015 my son and his partner were served with separate MCOL claims,

one for Jacamo and

the other for Marisota.

 

 

I'm familiar these two accounts belong to the JD Williams group of companies.

 

A little background.

 

My son and his partner did have separate accounts for those mentioned above while they were living at home with me and my partner.

I know for a fact my son and his partner sent both Jacamo and Marisota a letter stating they had moved home.

 

 

However over many months both started to receive letters,

I was instructed by my son just to write the forwarding address on the envelope and to place it back in the letterbox.

Several months passed where every week I was sending mail back and then suddenly it stopped,

 

 

fast forward around 2-3 months later,

just shortly after the 14th December 2015 two MCOL claim packs arrived at my sons new address

one for my son and

the other for his partner.

 

The DCAicon responsible for this is CABOT and the solicitors Mortimer Clarke.

 

 

while it appears CABOT are happy to send correspondence to my son and partners previous address,

they then go on to issue the MCOL forms at their new address,

it seems to me CABOT knew what they were doing to cause confusion.

 

I have today with the assistance of my son and his partner completed the Acknowledgement of Service on the MCOL portal,

so we don't have to get a defence in right away

but at least we have a little more breathing space of around 14 days.

 

The particular problem for my son is I have been looking through his contract of employment

and should he get a CCJ his employer will dismiss him,

 

 

I'm not sure if they can dismiss him should his partner get a CCJ,

but for him and his family it would be devastating considering he is the single earner in the household

with a two year old child and another on the way.

 

My concern is how to approach this,

I know what CABOT have done is utterly despicable but for my son there has to be a way of dealing with this either by defending or by a Consent Order.

 

I know there will be the judgemental few out there who will try and say well they should have paid their accounts,

but when your youngest child has been seriously ill and you are losing 3-4 days a month from work for hospital appointments

then these matters have to take a back seat.

 

Although these threads may be the same they relate to separate claims.

 

The other thread is here..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?457714-MCOL-claim-received.(33-Viewing)-nbsp

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Name of the Claimant - CABOT

 

Date of issue – 14th December 2015

What is the claim for –

By an agreement between JD WILLIAMS T/A Jacamo & the Defendant dated 03/09/2012 ("the Agreement")

JD WILLIAMS T/A Jacamo agreed to is sue the Defendant with a credit account.

The Defendant failed to make the minimum payments Due & the agreement was terminated.

The agreement was assigned to the Claimant. The Claimant therefore claims £1530.

What is the value of the claim? £1715.

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

 

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. Debt Purchaser (CABOT)

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? Not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Son fell ill, time missed from work.

 

What was the date of your last payment? 2014?

 

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 managementicon plan? Original creditor knew of absence from work.

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Name of the Claimant ? CABOT

 

Date of issue – 14th December 2015

 

What is the claim for – By an agreement between JD WILLIAMS T/A Marisota & the Defendant dated 29/06/2012 ("the Agreement") JD WILLIAMS T/A Marisota agreed to issue the Defendant with a credit account. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. The Claimant therefore claims £1445.

 

What is the value of the claim? £1445, including costs £1595.

 

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

 

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. Debt Purchaser (CABOT)

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? Not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Son fell ill, time missed from work.

 

What was the date of your last payment? 2014?

 

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 managementicon plan? Yes, original creditor advised of time missed from work.

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can you pop along to say noddle [below]

and findout the date the account was opened please

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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pop off to say noddle and findout the takeout date if you can please

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

ok who's blind......:lol:

 

def due Friday 15th by 4pm.

 

ok get a CCA request off to cabot

get a CPR 31:14 off to Mortimer [legal section of the library]

 

read the full CCA/CPR threads FIRST before sending each letter.

 

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

ok who's blind......:lol:

def due Friday 15th by 4pm.

ok get a CCA request off to cabot

get a CPR 31:14 off to Mortimer [legal section of the library]

read the full CCA/CPR threads FIRST before sending each letter.

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... 

Link to post
Share on other sites

You may be unaware that the response letter from Cabot will state they need 40 days to comply with the CCA request. This is wrong it is 12+2 days only. Keep this letter safe as you may be able to use it later...

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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