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

[lord_tiger_putin]

Here is the letter that I have send them:

 

Without prejudice

 

I informed you in a previous correspondence that you terminated this agreement upon an invalid Default Notice. An invalid Default Notice is equivalent to no Default Notice and therefore terminating this agreement without issuing a valid Default Notice is a breach of the Consumer Credit Act 1974 and because of this unlawful rescission you are only entitled to claim the arrears outstanding at the date on this unlawful rescission on your part.

 

Furthermore I believe that the agreement is un-enforceable for not containing the “Total Amount of Credit” and the incorrect APR, putting me at a serious disadvantage when entering into the credit agreement. Therefore you have no hope of getting a successful conclusion should you pursue the recovery if the money through the legal system.

 

Despite these facts I am now in a unique situation to help you getting this issue resolved. I have to stress that this is a once off situation and should you fail to make use of this offer, I will have no other choice to make an offer to another creditor and to let this debt gets statute barred and you will not able to collect on it at any stage.

 

In a Full and Final Settlement of this debt I am offering an amount of £xxxx.xx and believe that it a very generous offer taking into consideration the above mentioned facts.

 

I would also expect that you will record it as fully settled on all Credit Reference agencies after the making of the Full and Final Settlement payment and that no further action of any kind be made to pursue this debt any further. I am awaiting your positive response by returned letter within the next 14 days.

Yours sincerely

 

Here is a link about a creditor still adding interest and theft charges after they terminated the agreement:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?266583-Halifax-Terminate-agreement-pass-debt-to-Albion-but-still-add-charges-to-account

 

I believe the fact they still add interest is your main concern. I do not know whether this link will show any light onthe fact whether they are allowed to add interest after the termination of an agreement. Personally, I am not sure whether that is allowed by law or not.

 

I will post their response once I have it scanned but I believe it could be helpful to spell it out to them why the DN is invalid and why the agreement is un-enforceable and to reference the legislation. In hindsight I would have add the following:

 

"These facts show clearly that according to law the DN is invalid and the credit agreement un-enforceable but I do expect you to claim that the DN is valid and that the agreement is enforceable.

 

Please be aware that UNLESS you can show that the agreement is enforceable and the DN is valid by proving these points that I raised wrong, then I will take it that you realise that what I say is true, even if you deny these facts and that you realise you will NOT BE ABLE to take any legal action in the future."

[postggj]

evening all

got your message

 

can you give an up to date situation report

[majimix]

I have not sent the letter the good lord has posted above yet. No letters or anything since last year and then yesterday a voicemail on my wives phone, this is despite the telephone harassment letter i sent them over 12 months ago.

 

I have drafted a letter similar to the lords one offering them 10% which is my total limit.

[postggj]

the telephone harassment letter

 

was that send recorded delivery or did welcome send an acknowledgement letter

 

smells of a phishing trick this

 

dont send that settlement letter yet

 

give me a few days to go over your thread again:-)

[majimix]

Could well have been sent recorded, I know everything else I have sent has been. I will not talk on the phone. Thanks Postggi, I will hold fire with the letter whilst you go through the thread, everything you need is in there, right up to now.

 

postggi said "..in the mean time look for any response/letters, recorded numbers etc ref the telephone harassment

 

ill do the rest "

 

Will do thanks, Ill look forward to hearing from you

 

Anything yet postggi ?

 

Postggi, Ozzywizard, Emmandcole, anyone around?

 

Evening all,

 

Im at the end of my tether now, Welcome have passed over to Incasso and ive had a letter from them today asking for the lot £11,000 plus.

 

If you look at my thread you can see that Welcome ripped me off, their sums were all out re -interest on the agreement, there SAR gave no insurance underwriters info or a statement of price, the original statement of price shows less insurance than was on the agreement, its a right mess.

 

There is a breakdown of my agreement in this thread ! Incasso letter i received today says one of their "field agents" will call.

 

Last year I had a letter from Salans solicitors saying Welcome had terminated the agreement and they wanted the outstanding balance, since then they have added over £1000 worth of interest, (can they do this after termination?)

 

I want to start to pay again but on the right terms !

 

Has anyone any advice ?

 

Im on the end of my nerves with all this !

 

Can anyone give me anything on this ? Feels like l im going insane ! Thanks

[postggj]

i got your message

 

check back tonight and ill do a response to these cretins

[majimix]

I think we are all in agreement that this agreement is totally unenforceable, any ideas how to move on and get Welcome and their hustlers banished for good ?

[lord_tiger_putin]

I G N O R E !!!

 

Seems to work for me!!

[MrZ]

If you feel strongly that your agreement is unenforceable, do nothing, file all their letters, keep records of everything, and wait for them to take you to court.

 

When they take you to court use whatever grounds you have for unenforceability as a defence.

 

In six years, if nothing happens its statute barred and they can do nothing.

[majimix]

Hi All,

 

It been a while (and emotional !) Please can anyone with more of a clue than I have, have a look back though my thread and give us any advice ? It would be so gratefully appreciated

 

I'm at a loss now, so many people have been so helpful !

 

Evening all,

 

Im at the end of my tether now, Welcome have passed over to Incasso and ive had a letter from them today asking for the lot £11,000 plus.

 

If you look at my thread you can see that Welcome ripped me off, their sums were all out re -interest on the agreement, their SAR gave no insurance underwriters info or a statement of price, the original statement of price shows less insurance than was on the agreement, its a right mess. There is a Breakdown of my agreement in this thread !

 

Incasso letter i received today says one of their "field agents" will call. Last year I had a letter from Salans solicitors saying Welcome had terminated the agreement and they wanted the outstanding balance, since then they have added over £1000 worth of interest (can they do this after termination?)

 

I want to start to pay again but on the right terms !

 

Has anyone any advice ?

 

Im on the end of my nerves with all this !

[majimix]

After all this time, have received two letters from the Northampton court for myself and my ex, the welcome loan was sold on,

 

it is dispute for the obvious reasons above and has not been paid since 2010, several times I have wanted to pay but on the right terms,

 

any advice anyone ?

 

Can anyone give me any advice, I have been told many times in this thread it's totally not enforceable but as there are now court letters they must believe it is !!

[dx100uk]

so you have both received a Claimform?

 

 

dx

[majimix]

Yes dx that's right, 2 separate ones, I've opened mine and it has both our names on it !

[dx100uk]

ok i'll retitle and move this to legals

 

 

dx

[dx100uk]

who has issued the forms please

 

 

fill this out and post back here.

 

 

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

[majimix]

Cabot issued it, I'll post the details up later, including solicitor etc !

 

Cabot FInancial is the claimant,

address for sending documents is Mortimer Clarke solicitors,

 

particulars of claim are

an agreement between welcome finance and defendant made on or around a date in 2008

WLCF agreed to loan the defendant monies.

under the terms and conditions set out therein,

 

In breach of the agreement the defendant did not pay the instalments as they fell due

and the agreement was terminated,

the agreement was assigned to the claimant in June 2014.

 

Mortimer Clarke wrote to me in August saying they had been instructed by Cabot financial to start court proceedings

as I have failed to make a reasonable payment arrangement.

 

I have told welcome in the past that this account is in dispute ,

they have ignored me ,

 

looking through the thread you can see how I/we was mis sold the whole thing.

 

Original loan was for 10,000, I managed to pay for first 2 years even though I lost my job,

 

I was threatened both in person and on the phone with " serious consequences" as it was put.

Claim is for over 11 and a half thousand.

 

I am very wary of speaking to anyone,

I received court papers on 20th,

any advice would help ?

[dx100uk]

please fill out the link in post 114

and post here.

 

 

dx

[majimix]

I'm struggling as I'm on a borrowed I pad, here is everything though -

 

Claimant Cabot 

Date of issue - 17th September 2014

 

What is the claim for

!.- 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

 

 

Sorry to type it out like this, it's all I can do at the moment.

 

Thanks dx

[dx100uk]

no that's great

 

 

have you ack'd the claim yet?

 

 

dx

[majimix]

Not done anything yet, waiting on advice !

[dx100uk]

ok ideally you need to ack the claim on MCOL site

 

go register as a new user

create a username and password

note the long number down

 

then log in using the above

 

and select AOS using the details on the claimform

 

select defend all

 

log out

 

you should get an email stating AOS done

 

if you each have sep claimforms

you must each do it.

[majimix]

Ok, I'll do it tonight, I'm not really in contact with the ex but I'll see what I can do

[dx100uk]

ah you are not together

 

you send the one for her back to the court

 

stating not at this address

moved out XXX date.

 

unless you wish to fwd it yourself.

 

WONT stop the claim mind!

 

this is why it is SO important to always advise creditors of your move.

[Andyorch]

You need to defend this together......as its a joint and several......I would personally get the claim to your ex and explain what happens if she does not defend....the clocks ticking so move pronto ...19 days to acknowledge service for both of you.

 

Andy

[majimix]

Right,

 

I had already posted the one for my ex back, I have done the instructions that dx kindly left for me the other day, any advice on where to go from here appreciated !