Cabot/? claimform - old Welcome Finance car loan 'debt'

[Fee185]

Hi

 

Sorry if this is in the wrong place or missing any key info, first time in posting to the forum.

 

My partner received a letter with a claim form from cabot financial, for county court business center, in relation to car finance taken out in 2004,

 

the last dealing we had with welcome was disputing the account as they couldn't provide any account info and we kept being passed between departments.

 

the claim is for 7k which is alot of money to just pay when we dont even know what we owe if anything.

 

we have 5-7 days to respond to this claim form, and i have no idea where to start or what to do :/

 

Thanks in advance

[renegadeimp]

If its welcome and cabot, chances are very high you dont owe anything. Cabot will have bought the debt and now have become very greedy. Sit tight, dont panic and the regulars will be around to help. Meanwhile have a look on other similar threads to get an idea of what to do.

[Fee185]

thanks for the reply renegadeimp, will have a look about. good to know there is some hope

[dx100uk]

easily sorted

please fill this out:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

[Fee185]

Hi Dx100uk

 

thanks for getting back to me. Answers are below. sorry if i have missed anything (not the best at reading)

 

Name of the Claimant ? Cabot Financial

 

Date of issue – 18/11/2016,

we have moved house and the letter was redirected to from our old address

 

Date to submit defence = - 20/12

What is the claim for –

 

 

1.By an agreement between WELCOME FINANCE & the Defendant on or around 25/05/2005 ('the Agreement') WELCOME FINANCE agreed to load the defendant monies.

The Defendant did not pay the instalments as they fell due & theAgreement was terminated.

The Agreement was assigned to the Claimant.

THE CLAIMANT THEREFORE CLAIMS 7358.51

 

What is the value of the claim? 7358.51

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Car Loan

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

 

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. debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor?

yes i believe so, a long time ago, the last we had in contact with them we put the account in dispute

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

 

Why did you cease payments? odd charges on account, and welcome unwilling to provide documents

 

What was the date of your last payment? Unsure - can find out if needs be

 

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 managementicon plan? unsure

[dx100uk]

so not as bad as you thought a few days left yet to acknowledge the claim.

 

 

why don't you go ring welcome finance

or check bank accounts

or look at your credit file?

find that last payment date !!

definitely if you think its not within 6yrs from the 18th!!

[Fee185]

Thanks DX100uk

 

Yes, it did make me give a little sigh of relief

 

I will have a look and post back with the last payment date.

[martin2006]

Did you say the claimform came direct from Cabot and not from the northampton bulk center or have i misread it?

[Fee185]

Hi Martin

 

Im not sure who sent it, the return address is a northampton POBOX 300

[martin2006]

Same envelope as cabot letter or separate?

[Fee185]

No Cabot letter, just says they are the claimant. Sorry if I have been a bit unclear. All came as a bit of a shock.

[martin2006]

Anyways, using the claimform, the info you need is on it.

 

Go to MCOL website and log in using claimform details

 

Acknowledge the claim

Tick defend all

Leave jurisdiction unticked

 

Exit MCOL, dont go on to defence page just yet.

 

Send the claimant (Cabot) a s77 cca request, or s79 if its HP

Send a CPR 31:14 to the solicitors acting for Cabot.

 

All in the library.

 

Noticed it was sent to your old address and luckily it was forwarded, did they(Halifax or Cabot) have your new address?

 

There are literally hundreds of thousands of uncontested ccj's issued every year because people havent updated their address with creditors.

 

750,000 last year alone !!

Edited November 28, 2016 by martin2006

[Fee185]

Hi Martin, I will work on the documents you have mentioned.

 

the loan was with welcome finance not halifax They did not have our new address as we haven't heard off them in such a long time (I know thats not ideal)

[martin2006]

My apologies about the halifax thing, working on a different thread for that.

 

Include in your letters that your current address is xxxxxxxx and have nit lived at xxxxxxxx since xxxxxxxxxx.

Would be worth including a copy of your c tax bill for proof so they cant keep sending stuff to your old address so you miss important timeframes fir filing documents etc

[Fee185]

No worries

 

Should i also inform the court of my change of address?

[martin2006]

Yes, a covering letter quoting the case reference number, name of case etc will do no harm and hopefully ensure no letters go astray, same proof via ctax bill also.

[dx100uk]

find out that last payment date before you start doing anything else

 

if its statute barred then none of the above bar mcol is necessary IMHO.

[Fee185]

ok will find that out first

[obiter dictum]

Being a Welcome loan pre-2007 will be easy to put up a valid defence if not statute barred. The old 127(3) CCA 1974

[dx100uk]

don't think they had any...

[Fee185]

Hi dx100uk

 

Last payment was April 15th 2011 :/

 

What is my next step?

 

Thanks in advance

[dx100uk]

did you get the ack [aos] done on the MCOL website done?

 

 

dx

[Fee185]

all done

[dx100uk]

ok you'll need to get a couple of letters running

 

 

send a CCA request to the claimant

and

a CPR 31:14 to the solicitors

don't sign anything

leave the £1PO blank and uncrossed

 

 

dx

[Fee185]

Hi

 

I am struggling getting the forms right and need to send them asap, could anyone help me. (Im not the best at reading and dont want to mess this up)

 

thanks in dvance