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

[ashley01283]

unfortunately not but so near.

[dx100uk]

i would suspect cabot/Mortimer don't know anything about the history of this debt at all.

 

 

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 CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[ashley01283]

I will get the acknowledgement done now.

 

I have edited and printed the CPR 31.14 template to what I think is correct.

 

May I PM the letter to you to just go over it to make sure I've not put in anything I shouldn't have ?

[dx100uk]

no need just send it

its only a request

and they'll probably ignore it anyway.

[ashley01283]

Ok no problem.

 

Court is now acknowledged with intention to defend.

 

Thankyou once again for your help.

[theoldrouge]

dx is correct

Cabot will have no knowledge of the history

The attempt at the CCA request

clearly mentions clause 5.2 of the t&cs

so sit back and relax

[ashley01283]

Thankyou, it gives me a bit more confidence having the extra reassurance.

 

The whole defending a court claim is completely new to me so I think it's the next step that's on my mind, not knowing what happens.

 

But I'm hoping I can use the whole experience to help educate others.

[dx100uk]

Easy if you play the dca at their own fleecing ways

 

1000,s of threads here to read

[ashley01283]

Hi guys, I got a responce at the weekend, But again they only sent the agreement and no T&C's.

SCN_0003_screened.pdf

[dx100uk]

muppets aren't they...

just don't miss you defence filing date

[ashley01283]

as my defence do I simply put that the CCA request was not satisfied being there were no terms and conditions supplied?

Do i mention previous court action?

[dx100uk]

just use our holding no paperwork defence that's in most threads here in legals forum.

 

an add that the CCA return was deficient

[ashley01283]

Ok thanks, I'll see if i can find something similar to my situation.

[dx100uk]

any will do

 

claimform cabot loan

 

use the search cag box of the top red toolbar

[ashley01283]

What about this ?

 

Defence

 

1 On receipt of this claim the Defendant requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31.14 request.The Claimant/Solicitor has returned ('the agreement') but has been unable to disclose any terms and conditions on which its claim relies upon.

 

2 Previously before receipt of this claim I also requested information pertaining to ('the Agreement') by way of a Section 77 CCA Request. The Claimant has complied but the CCA return was deficient.

[AndyOrch]

Not CPR compliant and does not put the claimant to strict proof (hope you didnt find that here on one of our threads ?

[ashley01283]

ok so after some searching and copy/paste action, How about the following?

 

...old embarrassed defence removed... DX

[dx100uk]

why use a very old embarrassed defence ?

try reading recent threads here

like I suggested in post 39

then you'll find things like

https://www.consumeractiongroup.co.uk/forum/showthread.php?472262-Cabot-claimform-old-Welcome-Finance-car-loan-debt/page2

[ashley01283]

Ok what about this ?

 

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

 

Defence

 

1 I contend that the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2 I have in the past had financial dealings with THE FUNDING CORPORATION LTD but I am unable to recall the precise details of any alleged debt and therefore any debt is denied until such time the claimant can comply and clarify its claim.

 

3 The Claimant is put to strict proof that any such payments were missed and that a valid default notice was raised and served. The claimant as an assignee is surmising and has no real knowledge of the alleged debt or any history in its vague and generic pleadings.

 

4 On receipt of this claim the Defendant requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31.14 request. The Claimant/Solicitor has returned ('the agreement') but has been unable to disclose any terms and conditions on which its claim relies upon.

 

5 Previously before receipt of this claim I also requested information pertaining to ('the Agreement') by way of a Section 77 CCA Request . The Claimant has complied but the CCA return was deficient.

 

6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide the relevant evidence of a properly executed agreement by CPR 31.14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

[dx100uk]

OK let Andy review in case the old return of gooxds order/no money order needs mentioning yet...

[AndyOrch]

ashley01283 do you still have the paperwork from the Return of Goods claim and if so could you scan redact and upload the initial claim form.(in particular their particulars)

 

Did their particulars request liberty to follow with a money claim?

 

I assume you didnt submit a defence ?

 

Did they get the car back ?

 

Did they sell the car and did they inform you of the sale price ?

 

Has Cabot ever sent you a Notice of Sums in Arrears under fixed-sum credit agreements ?

 

Dont submit the above defence yet it requires introduction of the initial claim

 

Andy

[ashley01283]

Andy.

 

Their Particulars did mention claiming the full outstanding amount but judgement was for the return of the vehicle only.

 

No defence or acknowledgement was given as I had moved house and did not give any forwarding address so I had no idea it even went to court until February this year when I received the SAR.

 

They did not get the car back due to the above.

 

Yes Cabot did send me a notice of sums but I seem to remember it said there was no activity on the account since before 2008

but I have since received contradictory documents from Cabot regarding amounts paid

confirming I paid amounts up to november 25th 2009 - I will look for this this evening if I still have it.

 

Also I need to check through the SAR documents as I have a scanned notice of termination

however it is not dated so I wonder if the Default letters have dates ( there are 2 separate default letters from 2 separate occations)

 

I have some documents with me but are in HTML format.

 

I will scan all again this evening when I get home.

[ashley01283]

Ok so I've scanned the documents from court and I thought I would add a few other documents after which I thought might be or relevance.

 

Included are Cabot's statement of account showing no payments on the account since before 2008.

 

However in post 9 the letter from Mortimer Clarke states they sent a statement of account from The Funding Corporation - And they indeed supply this showing payments in 2009

Also they did send me the notice of assignment from the OC as well but that has an old address on the top.

 

So they do have some original documents at least but how much ?

 

Just thought I would mention just in case it has any relevance.

court scans screened.pdf

[dx100uk]

DN and agreement please

[ashley01283]

Okay here's the default notice.

 

I'm not sure what was with it so not able to say if I had or the court had the agreement in their possession at the time.

 

But I have posted the agreement and T&C's if you need to see them.

SCN_0006_SCREENED.pdf