Cabot/weightmans claim form - old online car finance already subject to a CCJ in 2008?

[Me-jules7]

Afternoon

 

Car loan taken out with Online Finance,

husband had a bad accident had to come out of work

then the car engine blew up.

 

Spoke to online finance

they advised that all they could do was default the account and take the car back to sell at auction.

 

They never reduced fees or interest as they had initially advised.

 

They issued a ccj against my husband which finally came off his file nearly 2 years ago.

 

Online finance 'sold' the debt to Cabot

we again queried the fact interest and charges hadn't been removed,

we waited whilst continuing to pay a nominal amount of £10 a month.

 

We changed banks when we moved house back in 2013

Nationwide we thought had moved over all payments from the Halifax,

this wasn't included but we have never heard from them for over 2 years.

Then today I get home to a county court for

 

Are they allowed to take something to court that has already been subject to a ccj?

 

Any help would be gratefully received

 

Thanks

J.

[AndyOrch]

I have started your own thread Me-jules7 here...you can still subscribe to the other thread.

 

Regards

 

Andy

[Me-jules7]

Thank you I really appreciate that

[Me-jules7]

I have submitted the acknowledgement or service about 1 hour ago.

[dx100uk]

can you fill this out please

and post the Q&A back here

 

 

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

[Me-jules7]

Name of the Claimant - Cabot

Date of issue – 12 Feb 2016

What is the claim for -

 

1: the defendant entered into a credit agreement described by the original creditor as ONLINE FINANCE-MOTORLOAN

and having account number ******* ("the account")

 

2: the claimant, a UK limited company with company registered number *****,

Is the assignee and legal owner of all rights previously enjoyed by the original creditor I respect of the account.

 

3: the defendant is indebted to the claimant in respect of the account in the sum of 799.88

 

4: the claimant claims the said sum of 799.88 plus costs.

 

What is the value of the claim - 799.88

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

 

When did you enter into the original agreement before or after 2007? 2005/2006 I am searching for the paperwork.

 

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.

The account was defaulted and car sold at auction Dec 2006

 

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? YES

 

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

Why did you cease payments?

Payments stopped when we changed bank accounts

and the report came off credit file had no contact at all

 

What was the date of your last payment? 2013??

Was there a dispute with the original creditor that remains unresolved?

Yes we queried £15 letter charges X 13 and also auction fee of £561.65

as we were not made aware that we would have to pay auction fees.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan?

Yes but they wouldn't except and wanted to retrieve the car and defaulted the account.

[Me-jules7]

I have just tried contacting Online finance to get full details but they are closed.

 

I have also sent a request for information to credit expert.

[dx100uk]

I hope you selected defend all on AOS?

 

 

get a CCA request running to cabot

 

 

and a CPR 31:14 running to whomever are the solicitors

from the legal section of the library tab.

 

 

who are the sols

let me guess...weightmans?

[Me-jules7]

Yes weightman's are the solicitors

 

Can I get both forms from the library?

 

Also can I do this now they have actioned court?

 

Thanks for your help both

[dx100uk]

cca request

read the full thread FIRST.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

 

as already stated it is in our library....

 

 

you need to concertrate and read things already posted properly

else you are going to make silly mistakes.

 

 

yes ofcourse you can send them

its your right.

 

 

dx

[Me-jules7]

Sorry, for some reason I can't log onto my ipad or laptop so having to do everything on my phone

 

will read through everything so no more errors

 

thanks for your help and patience

[AndyOrch]

So is it Online Finance that have already had a CCJ on this agreement ...and what type of finance is it...HP/Personal Loan etc...

 

Regards

 

Andy

[Me-jules7]

car finance

 

yes online finance defaulted the account in 2006 and reposessed the car. I don't have the date they sold it to Cabot as we never received any correspondence after car was auctioned.

[AndyOrch]

What type of car Finance ?

 

HP

Conditional Sale

Personal Contract Purchase

Personal Loan

[Me-jules7]

Morning

 

Apologies we've been away for half term.

 

I believe it was HP as it was so long ago and only have snippets of paperwork I'm not too sure.

 

I will try calling online finance again

 

Thanks

[Me-jules7]

Bump

[Me-jules7]

Good Morning

 

I have had no response from either the CCA request nor the CPR, I need to file defence today what should I do

 

Thanks

Julie

[dx100uk]

defence is due Tuesday by 4pm...

so what have you done to confirm or not the old CCJ

 

 

have you contacted the original creditor to find out?

ask if there was a CCJ and what you last payment was too?

[Me-jules7]

I contacted online finance and they no longer have any details as the debt is over 10 years old.

 

I then tried credit expert they too have no information

 

All the paperwork I can find is the default notice from the original creditor.

 

Thanks

J

[dx100uk]

we waited whilst continuing to pay a nominal amount of £10 a month.

 

 

before you started paying cabot

who and when was the last previous payment made?

 

 

yo ideally need to find written evidence of the old CCJ

got any?

[Me-jules7]

On-line finance the original loan people.

 

They passed to Cabot 2008 haven't heard from Cabot since 2012 I think

 

thanks

j

[dx100uk]

have you a notice of assignment date

I would assume OL sold the debt to cabot not passed it to them.

[Me-jules7]

I have absolutely nothing except the original default notice from on-line finance.

 

We received a letter from weightmans stating that as they had no response nor had the courts they have now sought to enter judgement in their favour. So I logged online and the date for defence being in isn't until 16th March.

 

what do I put in the defence I have no details apart from the original default notice

[dx100uk]

33 days is Tuesday whereby the date of issue on the claimforn is day one of the count

 

well it would be really really nice if you could find one piece of written evidence the CCJ existed

old credit file something would really help.

 

as they cannot have 2 bits of the same cherry.

 

else I suppose its the no paperwork/holding defence

[Me-jules7]

I emailed online finance again yesterday I will chase up first thing Monday, credit expert said they don't hold information of a debt that long ago. I'm 100% positive that they issued a ccj after the default notice. Going to have a look through some more old paperwork we found in the attic earlier.

 

Shall I put on the defence about the cca and cpr no response?