Cabot/Mortimer claimforms - Joint LLoyds Loan debt

[liz01]

Hello,

 

i have been divorced form my ex since last year and left him over 2 years ago,

he has passed me a letter this weekend,

hes still at the home we shared,

 

its for a bank loan we took out in 2005,

ex was made redundant a few years after and we got behind etc etc,

 

we arranged to pay with the dca/bank to pay reduced payments,

but for the last few years nothing has been paid and we stupidly! maybe thought it had gone away!

 

i have certainly not received anything form them in the last 2.5 years.

any advice on how i should proceed with the claim form?

 

the debt is ours, but im sure quite abit of the money they say is owed is interest and default payments?

 

can i admit part of the claim?

or is it just easier to offer a small payment per month as im sure it will be registered as a ccj now anyway?

 

am disabled with a very serious llness so on VERY limited income,

maximum they will be offered is £5 per month (they saying debt is £13k) and what about my ex?

does he do it separately?

 

he works but on a very low wage.

any help or advice please would be most welcome,

 

we have i think only 10 days left to do something about sending the form back to the court.

 

def cannot pay in full.

[AndyOrch]

Hi Liz

 

I have moved your thread to the Financial Legal forum in view of the claim formicon you have received.

 

If you would read the following link and then copy and paste the Qs and your responses back here for thebest advice on how to proceed.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(2-Viewing)-nbsp

 

Regards

 

Andy

[liz01]

Hi, can anyone help with any info please?

[AndyOrch]

Not until you complete the link above so we have all the relevant information to hand.

 

Regards

 

Andy

[liz01]

Name of the Claimant ? cabot

 

Date of issue – 12th January 2017

 

What is the claim for –

 

 

loan taken out on 20/07/2005,

 

1. By an agreement between lloyds and the defendant on or around 20/07/2005 ('the agreement') lloyds bank agreed to loan the defendant monies.

 

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

 

3. The agreement was assigned to the claimant. the claimant therefore claim £13885[/color]

 

What is the value of the claim? with court fee etc £14610.66

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

When did you enter into the original agreement before or after 2007? 20/07/2005

 

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 (husband and i are now divorced, i dont reside at that address, and havnt done for two years) ex is saying he doesnt remember getting anything.

Did you receive a Default Notice from the original creditor? think so, it was quite a few years ago that we couldnt pay the bank, ex was made redundant, we came to an arrangment with the bank but eventually it wa too much and we could nt keep to it. as far as i can remember we havent paid anything on this account in a few years.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? will check ex on this, but i think i may have seen one before i left him.

Why did you cease payments? im disabled and ex was made redundant, so no money to pay, very low income at the time.

What was the date of your last payment? really unsure, at least 2-3 years ago.

Was there a dispute with the original creditor that remains unresolved? not sure, dont think so

Did you communicate any financial problems to the original creditor

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

yes the original creditor knew of problems, no debt managment plan.

Edited January 24, 2017 by Andyorch
Particulars updated

[AndyOrch]

Thank you Liz...

 

If you could clarify a few points.....

 

Is the claim in your name only or both of you...or has he received the same in his name also ?

 

Im not sure were your 10 days comes from...If you intend to defend all the claim you have 33 days in total from and starting from the date on the claim form...you have 19 days to acknowledge service and state your intended response.

 

As the claim is over 10k we must warn you that should you defend and should the claim proceed to trial this will be a Fast Track claim which leaves defendants exposed to considerable costs.

 

Would having a CCJ on your file mean anything to you with regards to future credit or employment opportunities?

 

Regards

 

Andy

[liz01]

Thank you Andy, youre a star.

we had one each in each of our name in seperate envelopes,

but both names appear on the right handside of the claim form. it was a joint account.

 

No having a ccj wont matter especially to me as im disabled and have a serious illness, prob no point in defending it,

 

i just want to get it sorted and will more than likely agree and ask for time to pay,

 

but it will be a very minimal amount,

and thats what worries me,

 

would they accept it,

it will be no more than £5 per month.

 

do we both fill the forms out seperately and offer something each per month?

they dont know we are divorced etc.

not sure what to do.

[AndyOrch]

Okay so your options.....

 

You both must do the same as each other and acknowledge service within 19 days..ideally you both should submit the same plea.

 

Defending all will allow further time to challenge any unfair charges and interest and test the claimant if they wish to actuality proceed with the claim..it will also facilitate mediation and allow for a settlement possibly without a CCJ being registered.

 

You can always withdraw any defence and admit the claim before it gets allocated and proceed to trial.

 

Or you can admit the full amount and make offer of what you can reasonably afford..the claimant can accept or reject and then the court will determine a monthly payment amount.

 

Or you can part admit the amount you actually owe and accept liability...if you part admit you automatically get a CCJ for the part admitted but you also proceed to submit a defence for the part you deny.

 

Before deciding which is the best option on for yourself and ex please consider that most claims once a defence is submitted either ends in settlement pre trial or the claim is withdrawn once you challenge their legitimacy to make the claim.

 

This is done by way of submitting a defence that puts the claimant to strict proof to disclose all the relevant documents to enable them to proceed and if the documents are compliant with the CCA1974 (Credit Consumer Act)

 

Have a long think before deciding which way to deal..in the meantime you can register to use MCOL (instructions are contained within the claim pack) and register to do most of this on line from the comfort of your home.

 

Regards

 

Andy

[liz01]

Brill, thankyou so much.

 

Can i just ask a few things please?

can i not email cabot and arrange to pay £5 per month,

explaining we now divorced,

 

i am disabled with serious illness and ex is on a very low income,

we have no assets whatsoever either.

or is it too late to do this now?

 

they also dont know ive moved since leaving the ex,

do they need to know my new address?

ex still lives at the house we shared where cabot sent this to.

 

i am pretty sure the amount owed includes lots of default and interest charges,

but do i challenge this?

is so how do i do this and as what cost?

 

as said im really not well and in hospital weekly hooked upto a machine and really not sure how far i can with this,

mentally for my health wise.

 

if we defended it to get to see how much charges etc had been put on it,

hopefully it may get a a settlement pre hearing is that right?

 

if they chose to persue it after weve tried to defend

can we still get the option NOT to attend court?

really dont want that.

thankyou again.

[AndyOrch]

Brill, thankyou so much.

 

Can i just ask a few things please? can i not email cabot and arrange to pay £5 per month, explaining we now divororced, i am disabled with serious illness and ex is on a very low income, we have no assets whatsoever either. or is it too late to do this now?Too late you must follow the process using the options I have outlined above

 

they also dont know ive moved since leaving the ex, do they need to know my new address? ex still lives at the house we shared where cabot sent this to. So you haven't mooved yet ? also, i am pretty sure the amount owed includes lots of default and interest charges, but do i challenge this? Your choice or overpay them and dont defend is so how do i do this and as what cost? See above already explained

 

as said im really not well and in hospital weekly hooked upto a machine and really not sure how far i can with this, mentally for my health wise. if we defended it to get to see how much charges etc had been put on it, hopefully it may get a a settlement pre hearing is that right? Correct without even leaving your home if they chose to persue it after weve tried to defend can we still get the option NOT to attend court? Simply dont turn up but they will win automatically really dont want that. thankyou again.

 

Regards

 

Andy

[liz01]

thanks again Andy,

apologies, once i sent the last message i read the bit again about the possible costs etc.

 

 

Hopefully final questions! ..

 

 

.. i think im going to try to defend and explain its been passed from dca to dca without any breakdowns etc of the default charges and interest added on etc?

 

 

maybe explain my health etc and we have absolutely no assets and if taken to ccj maximum they could get is £5 per month?

or should i not put this?

 

 

i definently in the defence form put we want proof to disclose

all the relevant documents to enable them to proceed

and if the documents are compliant with the CCA1974 (Credit Consumer Act)?? ......

 

i will then hope they settle or withdraw and come to some other arrangement.

 

 

can i just clarify one thing,

do we get told well in advance of them proceeding with it if they still choose to, so we can withdraw the defence if needs be?

[AndyOrch]

Courts are not interested in health issues...simply black and white aspects of the claim.

 

Once a defence is submitted the claimant has 33 days to respond and /or inform the court if they wish to proceed.This is called allocation to track and transfers the claim to your local county court...which further directions are applied and the parties have to justify their statements/defence by disclosing the relevant documents and submitting witness statements.

 

So if you dont hear anything within the 33 days its a sure sign that the claimant cant proceed and the claim will be stayed.

 

But if you dont defend then you will never know whether they could or couldn't proceed.

[liz01]

Hello again! im doing the defence online,

what do i put exactly for my defence please,

 

 

do i just say im requesting the cpr 31:14?

and that i dont agree with the claim?

 

 

any help again most welcome please

[AndyOrch]

Hello again! im doing the defence online, what do i put exactly for my defence please, do i just say im requesting the cpr 31:14? and that i dont agree with the claim? any help again most welcome please

 

No...a defence must be CPR compliant...take a look in the following forum for examples of previous successful defences...try to find something similar to your claim then have a go at drafting it and post here for comments.

 

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

 

Andy

[liz01]

Thank you Andy,

now having a nose at that threat to see what i have to put.

 

can i just double check,

the claim form from the court is dated 12th Jan,

so as long as i get online and register my defence before the 31st?

 

 

i need to send to cabot by recorded delivery the cpr 31:14??

is that all i need to send them

or a cca request as well?

 

 

this needs to be with them by 31st also??

[AndyOrch]

Your defence is due Monday 13th Feb

 

You send the solocitor a CPR 31.14 and Cabot a CCA request x 2 of each from both of you....which should have already be sent by now.

 

Andy

[dx100uk]

don't forget you EACH need to acknowledge the claim on the MCOL website reasonably soon..

 

general recommendation when you get a claim form are:

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

.

get a CPR 31:14 request running to the solicitors

. .

don't sign anything

leave the £1PO blank and uncrossed

.

dx

[liz01]

Thank you so much Andy and Dx,

 

ive only this morning logged the AOS on Mcol for both of us, done separately,

 

doing the cca request to print off now, and the CP 31;14,

do each of us have to send these individually or can this be sent from joint names?

so one copy of cca from us to claimant? sent recorded.

 

ive been abit panicky the last day or so, as im really not too well at moment with serious illness and was awake worrying last night and trying to work out how to do this

but the above has been a brill help this morning, so thankyou.

 

my only worry is ive read, and read so much im still unsure as what to put for the defence,

ive read the successes but cant seem to find how to word roughly the defence?

and when do i submit this?

there was nothing on the AOS asking for that at the moment?

 

Also does the amount being over £10000, make a huge difference, in so far as the defence or court or claimant goes??

 

just re read Andys!

we both send copies,

so two each for the cca and the CPR,

BUT can we put them in the same envelope or do they have to be sent completely seperately? sounds silly i know but just want to make absolutely sure ive done it correctly.

[AndyOrch]

Same envelope will suffice Liz...as long as its recorded or get a receipt of posting.

 

But the CPR goes to the Solicitor named and the CCA goes to Caboot.

[liz01]

thanks again Andy, youre a star,

feeling a little less stressed, at moment anyway!

 

ive printed off the cca requests ready to post,

is it best postal order or can i do cheque?

 

now doing the CP ones,

ive got to the bit where its says delete if not mentioned in particulars,

 

just double checking do i delete all...

. there is no mention at all of default notice etc etc, ie 2-6 on the cp template,

 

all it says on the particulars, is an agreement between the bank and the defendant, and agreement was terminated and the agreement was assigned to the claimant, thats it, no ref number nothing?!

 

thank you

[dx100uk]

don't use cheques

as you don't want them lifting your sigs onto made up paperwork

not saying they would but...

 

 

which is why we say don't sign anything.

 

 

pers I would send 4 envelopes

2 for the CCA request for each of you to cabot

 

 

2 for the CPR31:14 to the Solicitors for each of you.

 

 

who are the solicitors please

[AndyOrch]

Is that all they have wrote for their particulars...you have not shortened it ?

[liz01]

particulars of claim says exactly .....

 

 

by an agreement between lloyds and the defendant on or around 20/07/2005 ('the agreement') lloyds bank 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.

 

 

the claimant therefore claim £13885

[liz01]

solicitors are Mortimer clarke.

don't use cheques

as you don't want them lifting your sigs onto made up paperwork

not saying they would but...

 

 

which is why we say don't sign anything.

 

 

pers I would send 4 envelopes

2 for the CCA request for each of you to cabot

 

 

2 for the CPR31:14 to the Solicitors for each of you.

 

 

who are the solicitors please

[AndyOrch]

particulars of claim says exactly ..... by an agreement between lloyds and the defendant on or around 20/07/2005 ('the agreement') lloyds bank 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. the claimant therefore claim £13885

 

Thats better ...please do not edit particulars of claim...we must have the full particulars verbatim.

 

1. By an agreement between lloyds and the defendant on or around 20/07/2005 ('the agreement') lloyds bank agreed to loan the defendant monies.

 

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

 

3. The agreement was assigned to the claimant. the claimant therefore claim £13885

 

 

So the above in red is what you can request by way of your CPR ... The agreement (which they wont respond to but makes no odds as you are also sending a CCA request) The Default Notice/Termination and the Notice of Assignment

 

 

Again... 1 envelope will suffice for each requests ...there is no legal requirement on joint claims for you to use 4 envelopes.

 

Andy