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    • I have recently found myself in financial difficulties and with the help of forum members in another thread regarding this, I think I can get myself sorted. My query here is how to deal with a Cifas marker that has been logged against me by one of my creditors for "evasion of payment". Admittedly yes I did get a £5000 loan with them and have not paid any payment but at the start of the year, which is when the loan landed, I realised I was going to be struggling to repay that and other debts and I contacted MCB to ask if there was any way I could extend the loan from 24 months to 36 months. I explained my situation and that I was going with a DMP and asked them if they could help me with this. They did not reply. I then emailed them again a month later explaining that my DMP was going ahead and could they confirm that the direct debit was indeed cancelled. Again, they did not reply. The DMP fell apart and so did everything else thereafter. My bank withdrew my overdraft and said I could not stay with them (I thought initially that it was because of the DMP) so I opened another account (Starling) and set up all my direct debits etc with the new bank. A month into being with the new bank, they contacted me and said they were closing my account in three months. So I started applying for other basic accounts and every single one of them either refused or revoked.  Through the help in the other thread, I requested a SAR from Cifas and discovered that I have this marker against my name for "evasion of payment". I have logged a complaint with MCB on the advice of other forum members, but my query really is do you think the marker is fair given that I did ask them for help and I did explain that I was going to be struggling financially to repay the loan over the original two years, and is there any way that I can get it removed? I fully admit that I have yet to make a payment to them and I suppose in my naivety and panic I thought if I emailed them early on they could extend the loan and help me out, but they didn't even reply  I did manage to open an account with Monzo before the marker was in place, but I am very concerned that if Monzo do what Starling did, I will have no bank account to pay my bills or get my wages paid into.  Realistically based on the information I have given here, what do you think my chances are of getting this marker removed? Any help/advice on this would be greatly appreciated x
    • Thank you dx, that is what I intend to do now. I have gone through all the SAR documents, a lot of which I am seeing for the first time! As per my previous post #116 letters and statements alleged to have been sent to me, as recorded on their system notes I have not received. Letters I have sent requesting information and account statements have not been recorded as being received by them, all were sent either by Recorded or Special Delivery. I have all the proof you menrtioned from my files for payments and from their SAR info for fees added. Thanks t
    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
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Cabot/Mortimer PAPLOC Now Claimform - old HSBC Loan - 6yr+ Default.


KP44UK

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Thanks for reply DX,

no didn't hand write or sign anywhere, everything on the CCA request and PAP reply was typed. I had Royal Mail make the Postal Order out to Cabot Financial as I had done couple of years ago.

After they tried to concoct a CCA I've been staying away from writing anywhere. They sent the PO back I will post attach it on here when I get home.

Edited by KP44UK
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the guide says leave the PO  BLANK.

cash it and send a blank one with a new CCa .

 

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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Ahh got it. I will send one out first thing tomorrow.

Mortimer want it sent to them, however I believe the guidance says send to the DCA not the Solicitor (I appreciate they are the same company). should I ignore them.

With regards to the 30 day to reply to PAP. where do I stand is it just a case of waiting to see where they go next.

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they are not the same company

one are a solicitor , the other a DCA.

they are both part of Cabot Credit Management Group Limited

CCA request goes to the debt OWNER cabot.

as for pap and anything now to do with this debt going fwd.....

yours is not the next move.

 

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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  • 3 weeks later...

Just an update. Please see attached.

Mortimer Clarke have not come back with anything but my phone has been ringing at least 3 times every single day to no avail.

Cabot have written back after CCA request saying I have not specified what's wrong with what the sent and they have the right to enforce the debt and they can obtain a CCJ bla bla but they would rather to speak to me etc.

see attached letter extracts.

The also sent the same pack as before which they claim is the CCA but that was already called out on this forum to be an Application/declaration.

cabot .pdf

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On 25/05/2023 at 17:54, dx100uk said:

yours is not the next move.

 

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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  • 2 months later...

I'm changing address in a week and a half.

How do I protect myself against a backdoor CCJ.

Cabot and Mort Clark have been very quiet so far, no news from them at all since telling them their documents did not pass the test.

Do I need to get a certified copy address change letter.

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no you simply send anyone that owns a debt you last paid/used in the last say 7yrs a simple letter stating re debt your ref no. xxxx

original creditor xxxx ref number xxxx

please note my new address.

dont forget to inform DVLA too!

each licence holder must do it

and you must do EACH cars v5c.

all should be done separately 

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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Just a further update. Mortimer Clarke have been in touch and their words have been quote: 

"We enclose an income and expenditure form for you to complete in order for our client to assess offer of repayment. Should we receive  no response it is our instruction to issue a County Court Claim."  

I have just sent back a notification of address change.

My thought is the as advised on hear earlier, the next move is not mine.

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yep your financial situation is none of their business.

only a judge can demand to see that .

 

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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  • 3 months later...

Open

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Fill this out and people should be along to help soon :)

  • Like 1

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

 

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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  • dx100uk changed the title to Cabot/Mortimer PAPLOC Now Claimform - old HSBC Loan - 6yr+ Default.

thread title updated

moved to legals

get that sticky done

last post by @lolerz

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

Which Court have you received the claim from ? Civil national Business Centre - County Court Northampton

Name of the Claimant ?  Cabot Financial

How many defendant's  joint or self ? Myself

Date of issue – 14th December 2023

do AOS on line by 1st jan

file defence online by 4pm 16th jan (you get ONE extra day due to xmas hol ) (edits by DX)

Particulars of Claim

What is the claim for –

1. By an agreement between HSBC Bank plc and the defendant on or around 04.10.2013 ("the agreement") HSBC Bank Plc agreed to loan the defendant monies.

2. The defendant did not pay the instalments that fell due. The Agreement was terminated following the service of a default notice.

3. The agreement was assigned to the named Claimant.

4. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its appointed Representative (Cabot Financial (Europe) Limited), has arranged for those proceedings to be issued in the name of the claimant.

4. THE NAMED CLAIMANT THEREFORE CLAIMS 1.XXXXX 2. Costs £205 and £80

What is the total value of the claim? just under 5k


Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes posted on here earlier
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes 
 

Did you inform the claimant of your change of address?  Yes

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

When did you enter into the original agreement before or after April 2007 ? After allegedly
 

Do you recall how you entered into the agreement...On line /In branch/By post ? In branch allegedly
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Has disappeared from credit file
 

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.  DCA

Were you aware the account had been assigned – did you receive a Notice of Assignment? Received some comms from Cabot

Did you receive a Default Notice from the original creditor? I cannot recall but saw it on Experian before it later got removed

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Was given one by DCA posted on here earlier

Why did you cease payments? Could not cope

What was the date of your last payment? cannot recall 

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? Was in university so may have done at the time

 

POC.pdf

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can you please clarify the date of issue top right on the claimform

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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1 hour ago, KP44UK said:

Date of issue – 14th December 2023

I would AOS by Friday 29th 16.00 due to the holidays to be safe.

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

 

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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56 minutes ago, KP44UK said:

AOS DATE : so 19th including the 5 days.

is confusing me they have it right..:noidea:

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 date is 14.12.2023, I only received the claim yesterday. they always seem to back date their letters.

The date on the letter is 14 Dec 2023 so I added 5 to calculate the service date from which I believe I have 14 days to file a response.

I hope that's a bit clearer sorry.

Edited by KP44UK
clarification
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ok thank you.

northants bulk is a court, they dont backdate anything. 5 days service (postage time to get to you) 

so get CCA/CPR done tomorrow

do AOS on line by 1st jan

file defence online by 4pm 16th jan (you get ONE extra day due to xmas hol )

...........................

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant
.
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
..
Leave the £1 PO unsigned and uncrossed
.
get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.
.use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt] 
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

on BOTH type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............


 

 

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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Many thanks for the fantastic help as always.

I have sent the 31:14 to the Solicitors and also sent the CCA to Cabot, its the second CCA this year so I added a note saying what they've provided before does not meet the provisions of the Act.

I will also be setting up an account to respond to the court before Christmas. With regards a robust defence what should I say my defence is. As I'm required to lodge this presumably before I hear back on the cpr31:14 request and CCA.

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now its time to get reading as many like threads here as possible.

use our enhanced google search box...

Claimform loan

twill be our std holding/no paperwork defence i expect.

post it up here 1st for checking.

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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  • 2 weeks later...

Ive gone onto the MCOL site to check for any updates and the site keeps telling me the claim number does not exist. Will I hear back about the 31:14 request from Mortimer or do I just go ahead and file a defence by post.

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mcol wont hold any updates... have you not been reading up here as advised?

you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

mcol often has hissy fits try again tomorrow you've got till the 16th.

post your proposed defence up here well in time.

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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