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

[majimix]

Ok, should I get in touch with andyorch ?

[dx100uk]

andyorch is already subscribed and will see these msgs and pop in

 

 

just await till later

 

 

dx

[majimix]

Ok, Thanks Loads !!!

[Andyorch]

Just point 2 to address majimix then I think you have it all covered.

 

Regards

 

Andy

[majimix]

That's great, I just numbered them wrong, thanks Andy !!Do I submit the same way I ackd ?

[Andyorch]

You haven't numbered them wrong I rearranged your numbers to show that you need to add further...you have not made a response to their point 2.Yes you can submit using MCOL.

[majimix]

Ah right, whats the best thing to put there ? Im not to sure, reason was due to unemployment .

 

Also I informed Welcome the account was in dispute due to the figures they presented being wrong.

[Andyorch]

How about

 

2.It is denied that Welcome Finance served a default notice, alternatively any default notice complying with the provisions of section 88 of The Consumer Credit Act 1974 or issued a Termination Notice.It my understanding that a Notice of Arrears must also be served pursuant to the CCA 1974 Section 11 CCA 2006 86D in the event of any default.

[majimix]

Sounds great, Add that in as point 2 then and send ? Thanks so much Andy

[Andyorch]

Yes ...it was only that point that you had not made a response to. Do not submit their particulars ...just the defence/s.

[majimix]

Ok , Will do, Thanks

[Andyorch]

X 2

[majimix]

I've been trying to file the defence for the last half hour, just says my claim number or password is wrong yet, they are the same as on the claim form, any ideas ?

[Andyorch]

Look at the claim form you will find a dedicated email for the defendant/s to use...you can email the defences...you will get an automated response x 2.

 

Andy

[majimix]

Cheers guys, getting a bit panicky as I cant find the e mail address at all !!

[Andyorch]

Should be on there...every other poster finds it....

 

 

 

ccbcdefendants@hmcts.gsi.gov.uk

[majimix]

Thanks,

 

I looked on the claim form and just couldn't see it !! So I submit the defence to that address then ?

[Andyorch]

Sure do ...twice for both of you.....enter your claim number on each email.

[majimix]

Brilliant, on it now !!

[majimix]

Right done and the automated reply has returned ! What's best now, ring them in a few days to make sure they have the defence ?

[dx100uk]

always best

 

 

well done

 

 

dx

[majimix]

Hi all,

I've posted on this topic several times over the last 10 years on an old thread , I'm after a bit of advice on the following - 

Back in 2014 I requested information under the Consumer Credit Act to Cabot who have bought the loan, they wrote back to tell me that they have not been able to provide me with the requested information within the relevant time period.

 

They then state "Your credit agreement is currently unenforceable which means they are not permitted to obtain a judgement or decree against me in court.

 

Fast forward 8 years and I am currently selling my property, the solicitor has asked for more information on the charge on the Land Registry which reads - 

Date Charge dated 2008 in favour of Welcome Financial

Services Limited.

NOTE: Copy filed

 

I have contacted Cabot today and explained their previous letter and told them I want a Full and Final offer so I can get this off the land registry, they now claim they have the relevant docs and will send out via email to me today. I'm not sure what to make of this now, any help appreciated 

 

 

 

 

[Andyorch]

Topics merged

[dx100uk]

On 31/12/2009 at 12:03, majimix said:

My partner and I took out a secured loan with Welcome in May 2008.

The loan is for £10k and monthly repayments are £209.

right back to post one sadly...

 

if it was a joint loan then sadly regardless to paperwork as such, there is a charge in their name , cabot can demand the sum they are asking.

 

the fact they might now ( i doubt it!!) have enforceable paperwork might help you interms of driving down the F&F sum.

 

i'll re read the complete thread later.

when you get their bogroll scan it all up to one mass PDF after careful redaction .

read our upload guide 

 

 

[majimix]

Charge is in name of Welcome Financial Services Ltd, Cabot haver sent over the attached paperwork