Jump to content

 

BankFodder BankFodder


pilch23

Cabot/Mortimer Claimform - MBNA Loan 'debt'

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1466 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Sent out CCA requests, starting arriving back slowly. Mostly original applications from circa 1996.

 

Assume applications are not CCA, confirmation would be good.

Share this post


Link to post
Share on other sites

More than likely not. If you post them here someone will have a look for you

 

Scan it into your computer and open it in Paint or similar program. Edit out the personal information and save it

 

Open an a/c on Photobucket, (here: Image hosting, free photo sharing & video sharing at Photobucket ), download them there from your computer and then post the link from Photobucket in your thread here.

 

See how to in post #15 here:

"How do I...?" A Dummies' Guide to this Forum

Share this post


Link to post
Share on other sites

MBNA have responded returning my cheque stating they require £10 to provide SARS!!!!!!

 

My letter taken from CAG clearly requests CCA not SARS.

 

Any letters I can respond with?

Share this post


Link to post
Share on other sites

thank you. it is illegible (surprise!)

 

any already drafted letters to send stating illegible?

Share this post


Link to post
Share on other sites

MBNA have just responded to my CCA request with a request for £10 to provide SARS!!!!!

 

Any letters I can send to the dummies?

Share this post


Link to post
Share on other sites

Hi if you have proof of delivery then re send a copy of the original letter as an enclosure to a letter stating that the enclosed letter is not an S.A.R - (Subject Access Request) and that MBNA will be/are in default on XX/XX/XXXX and will/have committed an offence by/on XX/XX/XXXX under s77/78 CCA 1974.

 

MBNA are well known for these type of delaying tactics or else they just cannot get reliable staff. Anyway you sent a legal request it's not your fault that MBNA are such twits, as long as you can verify delivery thats MBNA's lookout.

 

all the best dpick:)


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

Share this post


Link to post
Share on other sites

Can you scan their letter so we can see the context of their letter...?


If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

Share this post


Link to post
Share on other sites

will scan tonight

 

cheers

Share this post


Link to post
Share on other sites

Hello forum

 

Received summons claimant Cabot, Mortimer Clark Solictors for MBNA loan.

 

Address they have issued is to my old address!

 

Hopefully attached copy!

 

I have requested 28 days to defend.

 

What next?

IMG_20160131_0002_NEW.pdf

Share this post


Link to post
Share on other sites

Remove thatvlink please as you've just given out info that anyone could use to make things much worse


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Upload unapproved...please obscure any identifiable data.

 

Thread moved to the correct forum....Financial Legal Issues

 

If you could read the following link and then copy paste your responses here to enable the best advice on how to proceed with the claim.

 

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

 

Regards

 

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 thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Name of the Claimant ? Cabot Financial UK Limited

Date of issue – 12th January 2016

Date to submit defence = by 4pm Friday 12th feb

 

What is the claim for –

 

 

1. By an agreement between MBNA & the Defendant on or around 10/05/2004 ('the agreement') MBNA agreed to loan the Defendant monies.

The defendant did not pay the instalments as they fell due & the Agreement was terminated

The agreement was assigned to the Claimant

 

2.THE CLAIMANT THEREFORE CLAIMS £7100.

 

What is the value of the claim? £7570.78

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

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

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? Most likely

Did you receive a Default Notice from the original creditor? Most likely

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I am aware of

Why did you cease payments? 18 months ago

What was the date of your last payment? Not sure

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 managementlink3.gif plan? Yes but they refused

Share this post


Link to post
Share on other sites

I have written to Solictors and Claimant (Cabot) requesting information as advised. I will send recorded delivery tomorrow 1st thing.

 

 

The timescales are very tight......which is concerning !

Share this post


Link to post
Share on other sites

Have you acknowledged service pilch23 ?

 

Must be done by today.

 

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 thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
Have you acknowledged service pilch23 ?

 

Must be done by today.

 

Andy

 

I did online yesterday, as stated sent to my old address so very lucky as only actually received yesterday

Share this post


Link to post
Share on other sites
Upload unapproved...please obscure any identifiable data.

 

Thread moved to the correct forum....Financial Legal Issues

 

If you could read the following link and then copy paste your responses here to enable the best advice on how to proceed with the claim.

 

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

 

Regards

 

Andy

 

Andy

 

How do I remove link to document?

Share this post


Link to post
Share on other sites

No need to...its unapproved


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 thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

WEll, CCA will prob sink their little ship anyway. VERY unlikely to have a compliant copy or the original.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Your timeline is as follows :)

 

Issue date 12.01.2016 + 5 days for service = 16.01.2016 + 14 days to acknowledge = 30.01.2016 + 14 days to submit a defence = 13. 02.2016.

 

If you have acknowledge then you now have until 13th February to submit a defence.


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

So if they are unable to provide agreement or compliant copy my defence will be I do not owe the money????

 

The claim has no reference numbers or anything! I have had to go through paperwork to identify reference numbers!

 

If I get no response from Cabot is there a template defence letter I can use?

Share this post


Link to post
Share on other sites

no templates..each isspecific to the poc they send.

 

 

the paperwork/holding defence is widely available on

many threads in this forum or

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

easiest way to find one is to copy and paste your thread title

into the seach cag of the red top toolbar

 

like this one see post 64

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?450163-cabot-Mortimer-claimform-Welcome-Finance-loan-debt/page2


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

 

Share this post


Link to post
Share on other sites

Follow the correct procedure, no matter what you do. Cabot ALWAYS make big mistakes and hope you dont find out. They issued the claim on an old address so they know the debts bad and they were after judgement by default,


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

How easy is it to submit defence online ?

 

I'm fairly good with computers.

 

Or is post safest method

Share this post


Link to post
Share on other sites

same as you did when you acked the claim

just a diff box

 

 

very easy

 

 

lots of examples of the holding/no paperwork defence already here

 

 

to adapt


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

 

Share this post


Link to post
Share on other sites

I will draft my defence this evening and post for feedback etc.

 

If unsuccessful I have 2 ccj's which I still pay but they are not shown on my credit file as over 6 years old. The amount I pay is minimal am I able to leverage stating that awarding more than I pay against these would make a debtor more preferential than another already awarded......not sure it will make it this far but planning ahead.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...