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Madge67

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Everything posted by Madge67

  1. Hi Ford thank you for your response again To be honest I cant find a copy of any default notice so I have to assume they did serve one. No PPI on the account. I'll get my CCA request and CPR requests off tomorrow Thanks again Madge x
  2. Thanks Ford, I appreciate your reply. I have another thread for my other claim already but thanks for the advice re this one I will ask for the 'contract' and also the proof of assignment' Can anyone else advise if there is anything else I can ask for please - I really need to get this sent off asap as I'm away over xmas. Also do I need to do anything else at this stage Thanks guys xx
  3. Hi, I'm going to send off my CPR request today and just wanted to make sure I am asking for the correct info. Based on Cabot's POC please can someone advise so I get it right. Also should I be doing or asking for anything else at this stage? Thanks Madge
  4. Hi Ford - I've had a look at the link and I just wondered how I can request any document from Cabot if they haven't mentioned any on the particulars of the claim? - Please excuse my ignorance though I'm really not used to dealing with court stuff and I have another one I've just received as well - it frightens the beejeysus out of me.
  5. I've check my credit file and the default date is 08/12/10 - no mention of the last payment date on there unfortunately but it would have been about 2011/2012. I too thought the particulars of claim were quite vague Ford and thanks for the link I'll have a check through it Thanks guys
  6. Well they are like buses aren't they - I've heard nothing for months, well years actually and then 2 claim forms in 2 weeks - great!! I received this one on Saturday morning for an old Lloyds TSB loan that I took out in 2004. I just wondered if I could have a bit of help with it please. Name of the Claimant ? - Cabot Financial Date of issue – 10/12/2014 Date of issue 10/12/14+ 19 days ( 5 day for service + 14 days to acknowledge) = 28/12/14 + 14 days to submit defence = 12/01/2014 (33 days in total) - [EDIT 33 days is 11/1/15, but you need to file by 4pm Friday 9th - dx siteteam] What is the claim for – The claimant claims payment of the overdue balance due from the Defendant under and contract between the Defendant and Lloyds Bank - Unsecured Loan dated on or about Dec 24 2004 and assigned to the claimant on July 18 2014 in the sum of 7486 What is the value of the claim? £7486 Is the claim for a current or credit/loan account or mobile phone account? Loan When did you enter into the original agreement before or after 2007? No 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. Assigned to Cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I cant remember Why did you cease payments? - Financial difficulties - I had no work for a long period of time after having my baby (I was self employed) What was the date of your last payment? I cant remember 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? Yes throughout 2008 - 2012 Madge
  7. Okay CPR sent recorded today and also today I have rec'd a response to my CCA request - Same agreement that I posted on here. It isn't signed by Mazda/Ford or whoever the original creditor was, just my signature - does that mean anything? xx
  8. Acknowledgment and CCS request were sent recorded on Saturday and I'm sending the CPR request today..... what now? - do I just wait? Thanks Madge x
  9. Right so The Ack form has been completed ready to send recorded delivery today CCA request also printed and ready to go ,also recorded and now I'm just looking at the CPR 31:14 I cant recall that Link have sent me any arrears statements for a long time - In fact I can only recall 1 which was the very first one back in 2011 which I have in my file, aren't they supposed to?
  10. Hi dx I've taken out the barcode etc so here it is again - sorry about that Regards Madge
  11. Ahhh no Andy its from Walsall - Ive just called them and it was done on-line so I have to acknowledge it the old fashioned way - by post or at the court. x
  12. Hi dx Here is the agreement that I signed back in 2008. I'm not sure if this is the one they sent me after my CCA request but I did note that they haven't signed it. Not sure if that holds any weight. Acknowledging the claim There definitely isn't a box on the claim form with the password in it so I'm going to phone the court this morning and see what's what.
  13. Hi dx I've just set up my user etc on MCOL all okay but I cant see where to acknowledge the claim The only options are 1) To start and new claim and 2) defend a claim against you where they have this to enter....... Claim Number: Defence Pack Password: Please enter the password. Defence pack password??????? Any ideas what I can do to acknowledge on line or maybe I just cant and have to do it by post. Thanks Kerry
  14. Right I'm on the case and will be tracking the MCOL and doing what you have suggested, CCA request etc. No I have never SAR'd them it was just a CCA in about 2011. Shall I do that then? Thanks so much again dx. When I read back over the old posts I could see how fired up and confident I was in all of this. I'm afraid this isn't the case so much these days so I may need a little hand holding through all of this. Seriously, I'm so grateful at how quickly you have replied and how helpful you are being already. I'll scan up the agreement a little later. Madge x
  15. Thanks so much for merging the threads mate - I've just had a good old root through them - Wow I really did make an effort to set up monthly repayments didn't I?, although it was over 2 years since my last offer I believe.
  16. Thank you DX, I really do appreciate you taking the time to help I've completed the questions as much as I can - I hope its okay Link Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Date of issue 02/12/2014 + 19 days ( 5 day for service + 14 days to acknowledge) = 20/12/14 + 14 days to submit defence = 03/01/15 (33 days in total) - What is the claim for – the reason they have issued the claim? 1) The Claimant claims the return of goods and payment of the unpaid balance of the sums due and payable under and agreement and/or associated agreements made between the defendant and Ford Credit in writing and assigned to the claimant. The Defendant(s) have failed to make payment as required by the agreements and to comply with notices served by the Claimant and/or assignor. Particulars (i) Date of agreement: 30/01/08 (ii) Parties to the Agreement Ford Credit and XXXXXX (iii) Number of agreement XXXXXXX (iv) The Defendant signed and : Trace Premises (v) Goods: Mazda 3 TS 1.6 (vi) Total price of goods £13690.12 (vii) The paid up sum £9248.12 (viii) Unpaid balance £4542.00 (ix) Default notice service by First class post 23 March 2011 (x) Right to demand delivery of goods accrued 16 May 2011 (xi) Unpaid balance of the total includes £100.00 admin fee 2) The Agreement terminated upon failure of the Defendant(s) to comply with the terms of the agreement. The claimant demanded the return of the goods but the Defendant(s) failed to surrender the goods. AND the claimant claims 1) An order for delivery of goods 2) £4542.00 3) Costs What is the value of the claim? £4542.00 + £280.00 court fees Is the claim for a current or credit/loan account or mobile phone account? Car Finance When did you enter into the original agreement before or after 2007? After - on 30/01/2008 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. The debt purchaser Link is the claimant Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I'm not sure about this Why did you cease payments:- We had been paying the finance no problem but then when the agreement finished we couldn't get another agreement due to our credit rating, we couldn't hand the car back as we couldn't afford another car and we couldn't afford to buy it off them. When I spoke to Ford Finance about our predicament they just said to let it go to default and once passed to the recovery team we could make an arrangement - the debt was sold to Link pretty quickly who became very aggressive in their recovery techniques and even told me to borrow the money to pay then, even though I told them we were experiencing severe financial problems. I made a token offer and think I kept this up for a few months but then I didn't hear from them for quite a while. Then they started with the telephone calls and letters a couple of months ago - I didn't talk to them on the phone at all Im not sure if you need anything else but let me know
  17. Hello everyone, I'm really after some help today folks. Its been a tough couple of years and as a result financially, debt wise I've been well and truly burying my head in the sand I'm ashamed to say. Well its finally catching up with me (like it was ever going to go away anyway). Link have summoned me to court for an old Mazda Finance HP debt that I defaulted on in May 2011. I owe £4542.00 They are asking for repossession of the vehicle, plus the outstanding balance, plus costs. I hold my hands up - I don't have a defence - I admit I owe the money but I wondered if there was anything I could do at this late stage to keep my car. I cant pay the amount they are asking in one go. Is it worth asking them for a full and final settlement and offer say half of what they are taking me to court for or am I just P1ddling in the wind. Any advice will be helpful - I haven't got the strength or will to put up a fight against them when I know I owe the money but at the same time I don't want to lose the car as I need it for work. Plus how can they ask for the car AND the o/s balance - surely that's not right...or is it. Thanks everyone Madge
  18. Oh Slick thats a good idea - I'll get onto the case
  19. I know Slick and everyone has been so supportive on here throughout the whole process so far. I feel like its all stacked against me even without the additonal stuff I have going on, I would be seriously considering whether to continue with this or not, right now my family has to come first so 'MBNA you can keep my money' I have other fish to fry right now. Can somebody please advise how best to withdraw my claim please - Slick you have mentioned trying to get any costs against me dropped, any advice how best to do this please. Gosh I will be glad when this is over. Madge
  20. Thanks Ken I hear what you're saying. I realise the 6 years hit ealier this year and I put my original claim in last year so it would have been in time, but I totally understand. Earlier this year I was adament I wanted to fight this in court, I felt i had the strength and was articulate enough to stand up and put my case across to the judge, the only thing that niggled was the lack of successful court claims against MBNA on CAG. I submitted my claim in April and since then I have had major family issues to deal with, changes in my job amongst other things and Im now seriously questionning whether any of this is worth it. There are more important things in my life right now that I need to focus on. I hate to give anything up without seeing it through but I just dont feel I can cope with this alongside everything else. When I received the letter from the court and read his statement about me having no real chance of success, it kind of made the decision for me - whats the point if he feels I havent got a cat in hells chance of winning. If anyone feel different and can convince me it will be worth all the strife then please do so cos right now Im ready to pull out. If I do, can somebody tell me the process please, do I just write to the court and explain that I wish to withdraw my claim due to my cicumstances. Thank you Madge
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