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Cabot/? claimform - Court Claim - Old Welcome Finance Secured Loan


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I would appreciate help with the following:

 

Name of the Claimant - Cabot Financial (UK) Ltd

Date of issue – 06/02/2017

AOS - 24/02/17

 

Defence to be submitted - 10/03/17

Particulars of claim:

 

1. By agreement(s) entered into between the Claimant and Defendant, the Defendant has failed to pay the sum of £23k.

The Claimant has requested payment but the Defendant has failed to pay the full sum demanded.

2.The Claimant claims the sum of £23k and interest under s.69 of the County Courts Act 1984 at a rate of 8% per annum from 03/02/2017 until judgement or sooner payment.

3.Costs.

The claim does not include issues under the Human Rights Act 1998.

4.The Claimant has complied with Sections III and IV of Practice Direction PreAction Conduct of the Civil Procedure Rules.

 

What is the value of the claim? £24k

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

Secured Loan (3rd charge). Joint with wife - 2 separate claim forms received.

 

When did you enter into the original agreement before or after 2007? Nov 2008

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

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

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

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

Why did you cease payments? Financial circumstances

 

What was the date of your last payment? Not sure when original payments ceased. Arrangement set up with previous solicitor Nov 2014 with payments ceasing early 2016?? when Ascent took over from previous solicitors

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 management plan? No

Couple of initial questions/thoughts:

 

Can we submit a CCA request as this is a secured loan and was taken out in Nov 2008?

Should we be sending a CPR 31.4 request?

 

The POC are general and vague

Is there any mileage in arguing as well that the original loan was missold and affordability was not assessed appropriately?

 

Any initial help would be much appreciated

 

Thanks

 

CBBlue

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is their a charge showing then?

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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that's weird why litigate when its already secured.

 

ok well any way get the basics done.

 

YOU BOTH NEED TO DO THESE things

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway 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

leave the

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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Sounds like Cabot are unaware of what type of debt they have bought..so nothing new there.

 

Within your defence and amongst other reasons...simply state that you are unsure why the claimant would wish to attain a judgment on a debt that is already secured by a charge on your property...unless it is their intentions to use alternative means of execution to seek relief.

 

Andy

We could do with some help from you.

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Andy,

The original charge was in November 2008. Cabot 's name appears on the Land Registry when they purchased the debt in June 2015. However, there is negative equity so maybe reason for court claim?

CBBlue

 

Doubt it...unless they have recently had your home valued ?

We could do with some help from you.

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Definitely haven't carried out a valuation where they have entered the property. Will include your suggestion within my defence. Will post up nearer the deadline for checking if ok.

 

Is there any mileage in including loan was missold due to not assessing affordability correctly or is the a separate issue to address with the OC

 

Thanks for help so far

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No..no need to go into that kind of detail in an initial defence..save that for later.

We could do with some help from you.

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Well they dont even mention assignment and Im sure you didn't enter into this agreement with a Debt Collector ?

 

You also what copies of any the following...

 

" The Claimant has complied with Sections III and IV of Practice Direction PreAction Conduct of the Civil Procedure Rules."

We could do with some help from you.

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So I am just asking for the agreement(s) and documentation in relation to the Pre Acton Conduct of the Civil Procedure Rules?

 

Correct...scarce else mentioned

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

 

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no dice cabot

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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Interesting response received from Cabot to my CCA request.... They are unable to deal with ourrequest as our account has been assigned to Ascent Legal for collection. Any request needs to be sent to them!

 

Strange .....Ascent Legal is a subsidiary of Irwin Mitchell Solicitors and not very active in Debt Collection...more in dealing with debts with Judgements already attached or pre existing tomlin orders in pending court claims..

 

This renders this claim invalid now as they are not the legal owner of the debt..are you sure its been assigned ?

 

Andy

We could do with some help from you.

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Andy..the debt was assigned from Welcome Finance to Cabot in June 2015. It is a secured loan. I think that Cabot are saying that they are not dealing with our CCA request as it has been passed to Ascent Legal for collection.

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Andy..the debt was assigned from Welcome Finance to Cabot in June 2015. It is a secured loan. I think that Cabot are saying that they are not dealing with our CCA request as it has been passed to Ascent Legal for collection.

 

Yes so I gather .....hence my last post

We could do with some help from you.

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Little bit confused or being stupid.

 

My understanding is that Cabot should be responding to the CCA request as they own the debt.

 

I think that they are suggesting that all matters are being dealt with by Ascent Legal and any requests need to be sent to them

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Well as there is only you CBB that has seen this letter and you refer to the debt being assigned......then...Cabot are correct ..its nothing to do with them now......nor the outstanding court claim.

We could do with some help from you.

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Hi Andyorch..just read over my previous post. Hope that you didn't think that I was referring to you as being a little confused or stupid..I was referring to myself. The actual wording in the letter from them is as follows:

 

Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974.

 

Your account is currently assigned to Ascent Legal for collection and therefore we are unable to action your request.

 

I would ask that you re - direct your request to Ascent Legal who will liaise with you on the matter.

 

We have today advised them of your correspondence for their reference.

 

I have returned your fee of £1.00.

If you have any queries regarding my letter please contact me.

 

Your thoughts on this would me appreciated and thanks so far for your help.

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" Your account is currently assigned to Ascent Legal for collection and therefore we are unable to action your request. "

 

So is that the debt or the account ?...this requires conformation CBB and will reflect on how you deal with the court claim from here on. It could be away of avoiding its responsibilities with regards to your section 77 request.

 

So clarification required with regards to the debt and clarification with regards to who is the legal owner and claimant .

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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" Your account is currently assigned to Ascent Legal for collection and therefore we are unable to action your request. "

 

So is that the debt or the account ?...this requires conformation CBB and will reflect on how you deal with the court claim from here on. It could be away of avoiding its responsibilities with regards to your section 77 request.

 

So clarification required with regards to the debt and clarification with regards to who is the legal owner and claimant .

 

I have spoken to Cabot and they have confirmed that they still own the account. They have passed on our CCA request to their solicitors....Ascent Legal.

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And does your claim form have Ascent Legal named as the solicitors for docs etc ?

We could do with some help from you.

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

 

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