Cabot Claim Form for Welcome Debt

[swampy76]

I have today received a court letter on behalf of cabot for a debt reportedly owed to welcome finance.

 

this debt is said to orginate back in 2005 and is for the value of £3738.43 rising to just over £4000 with all the fees

 

looking through my banking I have had no payments made to them since the back end of 2006,

 

would this make it statued barred (if so why are they pursing it)

 

I have already been on line and completed the AOS pages,

 

my next step is to write to cabot and the solicitor working for them Mortimer Clark and ask for the relevant paper work to be sent to me,

proof of assignment etc

 

but when I get that back how do I forward that on to the court as evidence?

[ims21]

I have created a new thread for you swampy.

 

Please read this and post the answers to the questions here on your thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

[swampy76]

Cabot Financal

 

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 17/07/14 so what time scale does that give me?

 

What is the claim for – the reason they have issued the claim? By An agreement between welcome finance ("WLCF") & the defendant on or around 20/10/2005 ("the agreement") WLCF agreed to loan the defendant monies under the terms and conditions set out therein.

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

the agreement was assigned to the claimant on the 25/06/2013

THE CLAIMANT THEREFORE CLAIMS : 3738.43

 

What is the value of the claim? 3738.43 PLUS £185 COURT FEE plus £80 solicitirs costs £4003.43 total

 

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

a debt which I have made no payments on since 2006

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

 

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 a DCA

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Have not had any correspondence from WLCF or Cabot about notice of assingment

 

Did you receive a Default Notice from the original creditor? No default notice , though I have moved several times since taking out the loan

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No not had anything

 

Why did you cease payments:- late 2006

 

Was there a dispute with the original creditor that remains unresolved?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I did tell them I had lost my job and so could not afford the payments, I did pay a much reduced rate for a while but that was for the last few months during 2006

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA1974 request to the claimant

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

 

 

 

 

 

You may use a CPR request for any other information (not request documents) that you might require in order to defend yourself.

Please not that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.

 

If you require CPR Part 18 - this will need to be drafted specifically.

 

If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form

 

If you are considering making a partial admittance N9b must be completed and returned to the court.

Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.

I have completed the online AOS form, and have drafted the letter to send to the solicitor do I need to do the CCA letter?

[renegadeimp]

Simple answer, file the MCOL form and use statute barred as your defence. be warned, cabot will lie and try and invent a random payment hoping you dont contest it and they get judgement by default. It happens more often than you think.

[swampy76]

Should I send the cca and CPR requests off?

 

How can I prove or dis prove Payments to them ?

[ims21]

Yes get the CCA and CPR off.

 

You have plenty of time to get the defence in so no rush yet.

[swampy76]

Cool I'll send both of those off tomorrow.

 

My other concern is that I am away from the 6th to 17th of August so how will I be able to respond if required in those dates?

 

As I assume my final date will be prior to the later date

[ims21]

Date of issue is 17/7.

 

Add 5 for service (the date of issue is day 1) which takes you to 21st.

 

A further 14 to acknowledge (which you have already done) takes you to 4 August and then you have a further 14 to file the defence which is the 18th August.

[swampy76]

Can I file the defence online?

As I won't be back in the country until late on the 17th?

 

Or can I file statute barred defence before I go away

How do I do that via the court?

[ims21]

Yes you can file the defence online and yes, if you are using an SB defence you can file before you go.

[swampy76]

What would i say / do to enter an sb defense?

[renegadeimp]

Worry about that later. You have plenty of time. First, get those requests off and triple check that the debt is statute barred. Remember, SB means no payment or written acknowledgement within 6 years ( 5 in scotland)

[ims21]

http://www.consumeractiongroup.co.uk/forum/showthread.php?423166-Arrow-Restons-claimform-for-NW-CC-debt-prob-SB-d-since-07-13

 

post #8

 

You do it on MCOL like you did the AoS.

[dx100uk]

you don't have to file until midnight of the 18th.

 

have you popped up on your credit file to see if this shows?

 

dx

[swampy76]

I looked back at the start of the year and it wasn't on there

[dx100uk]

so prob defaulted years ago and has dropped off.

which would tally with the SB theory

 

dx

[swampy76]

so prob defaulted years ago and has dropped off.

which would tally with the SB theory

 

dx

 

I would say so yes and Cabot are just out to get a bit of something back

[renegadeimp]

Youd find that even if cabot did get a CCJ, they wouldnt have the correct paperwork needed to enforce it. Cabot regularly go for court action to chance their arm, and if the debtor doesnt pay and they get judgement by default, cabot get nothing out of it, but the debtor gets a Nice 6 year long CCJ. Basically its them being vindictive. " give us whatever money we say or you get a CCJ"

[swampy76]

Youd find that even if cabot did get a CCJ, they wouldnt have the correct paperwork needed to enforce it. Cabot regularly go for court action to chance their arm, and if the debtor doesnt pay and they get judgement by default, cabot get nothing out of it, but the debtor gets a Nice 6 year long CCJ. Basically its them being vindictive. " give us whatever money we say or you get a CCJ"

So even if they don't have the right paper work or the account is sb as they have lodged it at the court I will get a ccj anyway?

[ims21]

If you successfully defend then there will be no judgement against you.

[AndyOrch]

Youd find that even if cabot did get a CCJ, they wouldnt have the correct paperwork needed to enforce it

 

How would that work Imp...? They either get judgment or not...that is enforcing it.

 

Andy

[renegadeimp]

I mean actually collecting on the judgement. We know that the CCJ is granted regardless if there is no defence.

[AndyOrch]

Ahh! execution...with you.

[BRIGADIER2JCS]

Youd find that even if cabot did get a CCJ, they wouldnt have the correct paperwork needed to enforce it

 

How would that work Imp...? They either get judgment or not...that is enforcing it.

 

Andy[/QUOT

 

 

Is in not the case that a creditor may seek and possibly achieve a judgement without sufficient "paperwork" enforce the judgement?

[AndyOrch]

Is in not the case that a creditor may seek and possibly achieve a judgement without sufficient "paperwork" enforce the judgement?

 

Most probably and a lot do if not challenged....hence default judgments (enforcing the agreement)