Cabot and old stayed Court Claim - Old Welcome Secured Loan - want to sell, but charge is still showing

[AndyOrch]

I had already posted the one for my ex back,

 

Back where?

[majimix]

Back to the court

[AndyOrch]

She will most probably get a CCJ then...as it would be seen as good service (last known address)

[majimix]

Ok, I have ack,d mine as dx said, just wondering what happens now ?

 

 

[AndyOrch]

Nothing.......you submit your defence at the appropriate time.

[dx100uk]

have you done CPR and CCA request to the claimant/sols?

 

 

dx

[majimix]

I haven't dx, can you explain and I'll get them done today .

 

Thanks,

[dx100uk]

CCA request

 

 

send that to cabot with a blank £1 PO

do not sign the letter

 

 

CPR 31:14 from the legal library tab top left

 

 

requesting any documents they mention in their PoC.

 

 

free proof of posting via 1st class from the Po counter will do for each

 

 

dx

[majimix]

Great, I'm on it now, Cca to Cabot, who does the CPR go to ? I've found it in the library ?

[dx100uk]

opps sri

 

 

Mortimer

 

 

dx

[majimix]

Ok thanks , on it now

[majimix]

Thanks all, done !! Anything else I can be doing ?

[majimix]

Right , they have now both replied.

 

Mortimer Clarke have said " they are taking their clients instructions in relation to the request

and will come back as soon as they can"

 

 

they go on to say ,

" we can confirm our client is willing to agree to the extension of 28 days,for you to file your defence.pursuant to CPR 15.5 (2)

please notify the court in writing of the agreement.

 

Cabots letter came the other day, a day after MOrtimers and says,

" Cabot financial does not have this information on file.

However we have requested the relevant information under section 77 and/or 78

of the consumer credit act 1974 from the original lender.

 

We anticipate that we will be able to provide this information within 40 days.

in the event we are unlikely to obtain this information within those time limits, we will write to you again.

 

They have not sent my £1 postal order back and this is as much as I've received .

 

Any thoughts ?

[dx100uk]

they are both std replies to both the CPR and CCA request if you read other threads here in the forum you are in.

 

 

whatever you do

 

 

YOU DO NOT MISSING YOUR FILING DATE.

 

 

dx

[majimix]

Ok, thanks,

 

I'm was just reading some others, I'm really not sure what to file ?

[dx100uk]

midnight sunday 19th deadline.

 

 

as it stands you have weeks yet

 

 

if they still don't comply

 

 

you file the no paperwork/holding defence widely available on many threads here

 

 

dx

[majimix]

Ok,I have to file today, still not heard anything back or been given any paperwork from Mortimer or Cabot, what do I do ?

[dx100uk]

ok just bringing forward the PoC

 

 

Date of issue - 17th September 2014

 

What is the claim for

1.- an agreement made between welcome finance and the defendant made on or around a date in 2008

WLCF agreed to LOAN the defendant monies under the terms and conditions set out therein,

2.in breach of the agreement the defendant did not pay the instalments as they fell due and

3. the agreement was terminated,

4. the agreement was assigned to the claimant in June 2014.

 

What is the value of the claim - £11'600

 

Is the claim for a current or credit/loan account or mobile phone account ? - welcome secured loan

 

When did you enter into the original agreement before or after 2007 - after,2008

 

Has the claim been issued by the original creditor or was the account assigned

and it's the debt purchaser who has issued the claim - the claim has been issued by Cabot financial, not the original

 

Were you aware the account had been assigned - yes

 

Did you receive a default notice from the original creditor - yes

 

Have you been receiving statutory notices headed " notice of default sums" - yes

 

Why did you cease payments - unemployment

 

Was there a dispute with the original creditor that remains unresolved - yes

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan - yes

 

 

dx

 

 

 

[majimix]

Thanks

[majimix]

do I file the no paperwork/holding defence, has anyone got a copy ?

[dx100uk]

I see you've been looking around

just find a recent credit card no paperwork/holding defence by andyorch

 

 

number the points in their PoC above

 

 

and adapt the defence to suit YOUR situation

 

 

dx

[majimix]

Arrrghhhh, Im struggling to find 0ne !!!

[dx100uk]

post 17

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?433119-cabot-mortimer-claim-form-Halifax-Aqua-Credit-Card-debt&p=4632220#post4632220

 

 

or any other welcome finance thred in this forum.

 

 

have a go

I've numbered the PoC point.

 

 

reply use the above.

 

 

DO NOT FILE UNTIL IT HAS BEEN CHECKED

 

 

dx

[majimix]

1.- an agreement made between welcome finance and the defendant made on or around a date in 2008 WLCF

agreed to LOAN the defendant monies under the terms and conditions set out therein,

 

2.in breach of the agreement the defendant did not pay the instalments as they fell due and the agreement was terminated,

 

3. the agreement was assigned to the claimant in June 2014.

 

The claimant therefore claims £11,600

 

 

DEFENCE:

 

 

I contend the particulars of claim as they are vague and generic in nature.

I accordingly set out my case below and rely on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

 

1. I have held an account with Welcome Finance however I do not recall the particular account number referred to

and have requested a copy of the alleged agreement pertaining to this claim.

As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78.

 

2.

 

 

3. I deny receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim.

 

 

4. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14,

therefore the Claimant is put to strict proof to:

 

(a) Show how the Defendant has entered into an agreement with the Claimant; and

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

© Show evidence of service of a Default Notice and Notice of Sums in Arrears

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

 

5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed.

 

 

6. On the alternative, if 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 Act 1974. 17.

 

 

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.

 

Would it look something like this ?

 

 

Thanks for your help by the way !!

 

It didn't look like that when I typed but I can space it out in list form

[dx100uk]

looks par for the course

 

 

I'd let andyorch check this sometime today before you file.

 

 

dx