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Cabot/Mortimer claimform - claim stayed - now N244 - old Likely Loans PDL *** Settlement Agreed***


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Looking for advice for a lovely lady who works with my wife but isnt to good with internet etc.

 

She had a loan with Likely Loan which she took out in early 2016, think it was originally £2k, but got into financial trouble when she lost her job and as a result got a County Court claim issued in 2019,

 

I did advise her them about what to put on her response after taking advice from good people on here as they didn't send the necessary agreement/default notices etc at the time of the claim. As a result the claim was "stayed", and nothing has been heard since.

 

This morning she knocked on our door, and she had a letter from Moriarty saying they where applying for the stay to be lifted and blamed covid etc for the delay (even though it was stayed well before covid) and also had a summons saying the case will now go ahead on 9th March.

 

The first letter does contain a copy of an agreement in her name and also what looks like default notices also addressed to her so I am guessing they now have the docs they failed to send in 2019 and feel her defence isnt valid.

 

My feeling is she is a bit stuck and has run out of options, her husband who would normally do all this has terminal cancer and isnt up to going to court with her and because of this I dont think she is likely to attend either.

 

Has anyone any advice I can pass on please ?

Edited by dx100uk
added A few blank lines only..dx
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Yes we can help...but you will have to put a lot of effort in a middle man. So their application is only a threat as yet ?

 

We will require you to scan redact and upload copies.....

 

1.Copy of the original claim form or particulars of claim.

2.Copy Defence.

3. Copies of the documents received today

3.Copy of their letter today and Application and statement/documents to lift the stay N244.(when /if ever made)

 

Andy

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Thanks Andy, I did ask her for anything she had but I think she is struggling to find them as it was 3yrs ago now and her husband did it all, he was a clued up chap in a lot of ways but isnt to good at the moment.

 

He did log onto MCOL but can't recall his details so not sure what was said, the application to lift the stay has a bit more info about the defence which reads very much like the ones used by others on here, and they have sent copies of the application etc so I am guessing the defence was based on lack of proof etc.

 

My wife will speak with her tomorrow and I'll post up the details.

 

The court date is 9th of March so not much time.

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Plenty of time if your prepared to put the leg work in...if you can get this latest letter and N244 and witness statement with documents in support.....that should be enough to draft a statement in  response...but a statement in response must be submitted...normally its within 7 days of the hearing.

We could do with some help from you.

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These are copies of the latest docs, as explained she can't get access to MCOL as it was all done nearly 3yrs ago and her husband can't recall the log in details.

 

I have asked her to check for anything else, they have complied with a CCA request sent in 2019 by sending the relevant docs requested.

 

 

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The claim number is referred to within the statement...contact MCOl and ask if they could provide a copy of the claim form or particulars of claim.

 

Andy

We could do with some help from you.

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  • dx100uk changed the title to Cabot/Mortimer claimform - claim stayed - now N244 - old Likely Loans PDL

we need all the other docs inc with the N244 to lift the stay.

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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Quote

She has emailed MCOL asking for copies of defence.

 

It was copy of the particulars of claim or claim form we require.

 

Andy

  • Like 1

We could do with some help from you.

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The lady grabbed me on my way out to work, she had a response from MCOL :

 

Further to your email below, please note that we do not hold a copy of the claim form as they are raised electronically, please contact the claimant direct who will be able to forward the documents that you require.

Please only details I can provide are as below.

Claimant: CABOT FINANCIAL (UK) LIMITED
Claimant solicitor: MORTIMER CLARKE SOLICITORS
Telephone: 0333 1214454
Reference: 
Particulars of claim:

 

1.BY AN AGREEMENT  BETWEEN OAKBROOK FINANCE LTD  & THE DEFENDANT ON OR AROUND 30/08/2016  ('THE AGREEMENT') OAKBROOK FINANCE LTD AGREED TO LOAN THE DEFENDANT MONIES.  

 

2.THE DEFENDANT DID NOT  PAY THE INSTALMENTS AS THEY FELL DUE & THE  AGREEMENT WAS TERMINATED.

 

3>THE AGREEMENT  WAS ASSIGNED TO THE CLAIMANT.  

 

THE CLAIMANT THEREFORE CLAIMS   

1.  3880.52  

2. COSTS

 

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


And she sent me a copy of the defence submitted which I have attached sorry for all the black ink as I edited it on the train into work. I’ve asked her to email the court and get a copy of the documents as per the response from MCOL.

 

To say she is in a bit of a state is an understatement.

 

Doc_20220204_100312.pdf

Edited by dx100uk
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Great that's all we require.

We could do with some help from you.

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Just got home and my neighbour in a bit of a panic as she hasn’t heard anything re her request for copies of the original claim etc.

 

I’ve told her not to worry (I think) as it’s only been a week.

 

is there anything else I need to tell her to do ? 

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No we don't require anything further think we have enough...I will look at the details over the next few days and advise a course of action...tell her to calm down and stop worrying...far worse things to worry about at the moment.

 

 

Andy

We could do with some help from you.

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Have you uploaded a copy of the actual N244 application notice ?  I have read their witness statement in support.

Has the court informed of a hearing date ?

 

Andy

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...so as per your upload of the n244 you will see at point 3 that a statement in response can be submitted to oppose their application and this must be filed and served not less than 7 days pre hearing (12th March) so Ideally ready to go at the latest 28th Feb. 

 

They refer to a copy of the agreement which was taken out on line within their statement and state that a copy is attached as a disclosure in their bundle.. I cant seem to find this upload ?

 

They refer to a default of the agreement around 4th May 2017 (copy enclosed in bundle) I cant see to find this either ?

 

Please upload redacted copies.

 

Andy

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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This is the latest she has given me, they received the court bundle yesterday which freaked her out a bit but hopefully we can make things a bit simpler.

 

The ladies husband has taken a bad turn health wise and I guess that isnt helping either so my wife is keeping an eye on her.

LLoan152.pdf

 

Any help please ?

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Sadly the dn and cca to me look compliant.

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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Never seen a credit agreement that states claim number/exhibit number on it before...still we have until 28th Feb to file a response statement.

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 Andy, I will continue to help her, are you able to help with the defence please as I don’t have any idea where to start with this one apart from what her husband has already put in. 
My wife will be going to court with her on the day  btw.

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Certainly....give me a nudge next week

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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Had a chat with the lady last evening and she thanks you for the help. I am concerned that due to her husbands health situation she won’t want to attend court, we will try our best of course but she is already in a state and this would not be something she wants to face.

 

does she have any options at this late stage ?

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:thumb: leave it with me..should have a draft by Thurs latest.

We could do with some help from you.

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Unfortunately I am really struggling to find any errors on behalf of the original creditor...the paperwork appears water tight.

I would suggest now with a matter of urgency given that the hearing date is close to contact the solicitor and try to agree a settlement...possibly by way of a Tomlin Order if they are prepared to vacate the hearing of 12th March and let the claim remain stayed.

 

Try to agree a monthly affordable payment plan and if a Tomlin Order could be reached...it would appear to be a good outcome.

If they lift the stay and get their summary Judgment they state that a charge will be placed on the property. Now if a CCJ and a charge do not bother the lady...then you need not do anything...or attend the hearing.

 

Sorry it wasn't better news 

 

Andy

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

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