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


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Is it not statute barred then if as you state last activity since before 2008/9 ?

We could do with some help from you.

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No, my last payment was 25/11/11.

 

Cabot's statement of accounts from 2016 say nothing was paid in the last 9 years but Mortimer Clarke have sent me a statement of account from THE FUNDING CORPORATION with my last address which I only let TFC know in January this year and the date on the statement is 26/5/17.

 

I would believe that Cabot / Mortimer Clarke have requested their own SAR or requested specific documents.

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Okay I see..and you verify that the payment was made.....so they got their claim in just in time.

 

So looking at all the initial paperwork for the claim for return of goods..thats now irrelevant and not connected and can be disregarded with regards to defending this claim.

 

You have all the paperwork...agreements Notice of Assignment Default Notice etc......is that from Cabot or the initial claim?

We could do with some help from you.

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that £5 payment

was it only one and how did you make it?

 

 

dx

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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The £5 payment I can't verify I made it but i'm sure I made 5 monthly payments of £5 (according to TFC statements I believe I did pay) with a £1145.00p payment in between ( I had an accident in the car and the insurers at the time paid that amount to TFC as outstanding finance ) and the £5 payments would have been paid by Direct Debit.

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I have the agreement (minus the terms and conditions) from Cabot / Mortimer Clarke.

I have the notice of assignment from Mortimer Clarke as It has my old address on so did no receive it from the OC.

I have the default notice from the SAR from TFC

 

So looking at the proposed defence in post #44...they will be able to overcome points 6 a)b)c and provide all the necessary paperwork to defeat your defence ?

We could do with some help from you.

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Ashley not being hard but you really should tell us all that has happened for us to gain a clear picture of the whole story

52 posts in and almost 5mts later you tell us you had an accident and the insurance then paid over £1k to TFC

 

 

that's the first we've heard of this............

why did they pay TFC, was the car written off?

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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dx - yes the car was written off.

 

I didn't think the amount paid directly to TFC would have mattered as I made a payment after this date I never thought to mention it.

I really didn't think it was of any importance.

I apologise for the lack of this information.

 

Andy - They will be able to provide the agreement,

whether or not they have the T&C's to the agreement I do not know

as they have failed to provide this both for the CCA and CPR 31.14 requests.

 

They will be able to produce a notice of assignment.

 

They will be able to provide a statement of account from the TFC.

Is the statement proof enough that those transactions actually occurred?

 

I don't know how they can show they have a legal right to issue a claim.

 

I do not know what other documentation they have i.e Default Notice etc as I have not seen anything else from Cabot / Mortimer Clarke.

 

Also the DN I provided is the latest I have

but further looking at the DN I'm not sure the sums add up to what the DN said I paid

and the amount what was claimed during the first court case,

 

 

I suppose it's possible this is not the correct DN but I cannot verify.

I do have another DN but this is older.

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I think the best form of defence is to look at the figures borrowed...what you have paid ...any costs outstanding from the initial Return of Goods claim....what the insurance paid and get a true balance of any true indebtedness.

 

You had a car on HP you defaulted...an Order was issued to return the car which you ignored...then the vehicle was involved in an accident and wrote off...what was paid to TFC from your insurance ?.

 

I cant see any chances of success in defending this claim based on the possibility of missing paperwork relied upon or due process not followed...but its probably best to get a true figure should you be landed with a CCJ.

 

Andy

We could do with some help from you.

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Now you mention it, I believe the statement of account from the OC is a true figure.

I never took into account the amounts paid after the DN was issued.

 

Do you think it would just be better in this case to admit the amount owed and start paying the monthly figure of £50 which is what Mortimer Clarke are asking for?

 

Or do you think there is some possibility I could successfully defend my case?

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I do not see any success in the defence ashley..its only prolonging the matter and possibly adding further costs.

 

I would contact MC and ask if you agree to the £50 per month would they be prepared to settle the claim by way of a Tomlin Order so that the claim is stayed and each party bear their own costs.

 

Get on the phone today and thrash it out...you can settle this today.

We could do with some help from you.

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And if they don't accept a Tomlin Order ?

 

Well you can think about that after you enquire if they will.

We could do with some help from you.

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Hi.

I called Mortimer Clarke on Friday to put the Tomlin order to them.

 

They said they had to get in contact with Cabot.

 

They called me today and said they cannot proceed with a Tomlin order unless my employment was at risk.

 

looks like a CCJ is coming my way.

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what has employment got to do with anything?

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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Share on other sites

Mortimer Clarke would be making that decision not Cabot...after all they would rely on their Solicitors to act in their best interest and make the best decision in dispensing with the claim and any further costs.

 

Ring them back and tell them your employment would be at risk if they proceed and attain judgment...so a Tomlin would be better for both parties...ask them if they could put in writing why the refusal to settle then you have a copy to disclose to the court.

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 OTHER

 

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Thanks.

What if they ask why it would be at risk?

I'll get on to it when they open tomorrow.

I did an expenditure sheet and managed to get my disposable income to around £9 a month.

I offered the 50 but could I suggest that amount be considerably lower if taken to court?

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Ahhh you didn't say that in your previous post...so if you can only afford £9 now and anything happened to your employment then you would default on any Tomlin order

We could do with some help from you.

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Thats just what i made out to them but reality is a lot more than that.

 

Also could I not add to the defence about Cabot sending me a statement of account showing no activity for 8 years making me believe this account was statue barred?

 

Since they only showed me a statement of account from the OC with the CPR Request AFTER acknowledging the court saying I would defend.

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Mores suited to your witness statement ...should they proceed that far.

 

What date is your defence due ?

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 OTHER

 

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By 4pm the 3rd

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... 

Link to post
Share on other sites

Thankyou for confirming.

Should i get the defence in or is there anything to add?

Ive contacted MC and they said they need to see my employers contract before considering a tomlin order as it usually only affects people in a financial or authorative roll.

But they said they will confirm the refusal in writing.

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