Cabot/Mortimer old TFC Car Finance - old returns of goods order that was ignored.

[ashley01283]

Hi guys, i'll try and sum my issue up quickly.

 

Sept 2007 got hp with funding corporation for a vehicle for 4 years and stopped paying after 18 ish months.

 

Stupidly made a payment in November 2011.

 

Defaults were served and agreement cancelled by OC in 2009

 

Cabot sent letters for about 12 months that I did not reply to.

 

Mortimer clark made contact with me threatening legal action at the end of January this year.

 

Made SAR at the beginning feb this year to funding corp - THIS WAS FULFILLED AND i RECEIVED THE SAR

 

Made CCA request to cabot - THIS HAS NOT YET BEEN FULFILLED AND IT'S NOW MAY.

 

NOW

 

called today both Cabot and Mortimer Clarke. (this is the issue along with my big mouth)

to tell them my new address.

 

asked Mortimer Clarke the status of the account (it's on hold),

asked them that they I expect a responce to the CCA request and let slip that I already had the original T&C's from the OC (I really did not want to say that)

 

called back to see if they had actioned the cca request and they said It's gone through (not quite sure what that meant)

 

If they do Correctly action the CCA request then I may have an upper hand.

 

The OC and Lowell took me to court and the outcome was that I return the vehicle there was no judgement for money owed.

 

I did not return the vehicle.

 

I wonder if it can still be taken to court?

[AndyOrch]

Hi ashley01283 and Welcome to CAG

 

I have moved your thread to the correct forum...Financial Legal Issues Forum are for court claims already issued.

 

Regards

 

Andy

[dx100uk]

god please never ever ring a fleecing DCA or their fake/tame solictors

neithr are bailiffs

and neither have any such legal powers.

 

now, back to when they took you to court

it couldn't have been the OC & Lowells

it was one or the other

and was it a return of goods order

and when was this

 

your story is somewhat confusing. and at odds

with what we know should happen

 

dx

[ashley01283]

I'm sure it was the OC that had taken me to court.

 

They did this after I moved house so I had no idea they had done it until this year when I received the SAR from the OC therefore could not defend (even though I don't think I had any defense to begin with).

 

The court date was 26/3/2010 and yes it was to return the vehicle.

 

Sorry about how I put my story,

I was trying to state facts without making it too long and doing it really quickly.

[dx100uk]

good so court case was nowt to do with any DCA

and was a return of goods order.

 

right stupidly you've paid so it cant be statute barred

but

until/unless they comply to your CCA request

they are powerless to enforce.

please STAY OFF THE PHONE TO ANY DCA FOR ANY DEBT INC THIS ONE.

 

if you here anything more scan it up

if they do ring

writing only put the phone down.

 

dx

[ashley01283]

Hopefully, if they do respond to the CCA request, I wonder what delay tactics can be used for 6 months as it would be statue barred in november.

 

I'll get straight back if I get anything, Mortimer Clarke say it's usually rare to have the information for anything older than 6 years so here's hoping.

[AndyOrch]

So you didnt return the Car ashley ?

 

We seem to have confusion with the thread title

[AndyOrch]

Hi guys, i'll try and sum my issue up quickly.

 

 

 

The OC and Lowell took me to court and the outcome was that I return the vehicle there was no judgement for money owed.

 

I did not return the vehicle.

 

I wonder if it can still be taken to court?

 

[ashley01283]

Hello again.

Today I got a responce from mortimer clarke responding to the cca request by giving me a copy of the original agreement and giving me 14 days to fill in an expenditure form and offer of settlement

 

Scans Attached

NOT Sbd...pdf

[AndyOrch]

So where is the agreement ?

 

Did you make a random payment of £5 on the 25th Nov 2011 ?

[ashley01283]

2007 Agreement attached.

 

I think I did make the random £5 payment after they managed to find me after I moved house and never told them where I moved.

 

I must have been a bit unsettled about it and made a payment,

 

However I have no statements from that long ago but it would be something I would have done at the time not knowing any better.

agreement.pdf

[ashley01283]

So is there anything i can do now other than make an offer of repayment ? I would ideally like to somehow delay for a few months until it becomes statue barred.

[BazzaS]

An offer of repayment might reset the statute bar date, by acknowledging the debt........

[ashley01283]

Im sure it would but i would like to exaust all other options first.

[dx100uk]

we need to see the T&C's.

agreement is not enforceable if they don't hold them

[ashley01283]

The original agreement that i posted previously is all i got from them regarding the agreement.

I will check when i get home from work the other side to make sure there is nothing on there.

I will also check the pile from my SAR to see if it possible they could hold them.

[dx100uk]

doesn't matter what YOU might have

its what the fleecing DCA send.

if they've not sent the T&C's tough luck

for now ignore them.

 

you must always remember.

 

a DCA is NOT A BAILIFF

they have

NO SUCH LEGAL POWERS

 

your biggest mistake here was ringing them!!

[ashley01283]

And what a lesson Ive learned from it.

 

Ill double check what they have sent to make sure.

[ashley01283]

Hi guys,

I got a responce from Mortimer Clarke this morning.

 

See attached

SCN_00011.pdf

[ashley01283]

Should I still be ignoring them at this point and let them take me to court and point out the CCA request issue there?

[dx100uk]

Yes

Just keep up!loading the silly waving

[ashley01283]

Hello again,

have had a court claim form arrive

before I go into details I would like to thank everyone for the help I have received so far

 

have made a small reoccurring donation.

 

have attached a PDF of the claim form and would like advice before I make my defence.

 

still have not received the correct T&C's for the CCA request.

 

I can't get out of my head that a comparable case has already been in a court and cannot be re-litigated ?

 

The Funding Corporation brought a claim for

(1) the return of the car or the cash value as an alternative and

(2) the balance remaining under the agreement which was £4,994.23.

 

The Judge appeared to have given judgement on the return of the car only,

there was no order as to the repayment of the outstanding balance.

 

As the cause of action for the outstanding balance was raised in the 2010 proceedings,

and the Funding Corporation succeeded in the order for the car but not the outstanding balance and was I believe unchallenged.

 

On that basis, the right to claim the outstanding balance is extinguished and arguably,

Cabot could not bring a fresh claim to recover the outstanding balance where it has been claimed in earlier proceedings.

 

Or am I totally barking up the wrong tree?

[dx100uk]

could you please complete this:

 

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

 

moved to legals

 

dx

[ashley01283]

Name of the Claimant ? Cabot Financial (UK) Limited

 

Date of issue – 1/9/17

 

Date to acknowledge 19/9/17

 

date to file defence = 3/10/17

 

What is the claim for –

1. The claim is for the balance of instalments due & unpaid under an agreement dated 14/9/07 & under which THE FUNDING CORPORATION LIMITED agreed to provide credit in relation to the purchase of goods payable by instalments ('the Agreement') was assigned to the claimant.

 

PARTICULARS 1. Amount due and unpaid 3794.00

The claimant therefor claims

1. Amount due and unpaid 3794.00

 

What is the value of the claim? 3794.23

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Car hp Agreement

 

When did you enter into the original agreement before or after 2007? After (sept 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. Assigned

 

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? yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? yes but not every year (maybe due to moving 4 times in the last 10 years and not keeping my address updated).

 

Why did you cease payments? Lost employment

 

What was the date of your last payment? 25/11/11

 

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 Yes but I did not continue with payments and was subsequently taken to court and judgement was for the return of the goods and was unchallenged.

[dx100uk]

last payment 25/11/11 so cant be statute barred