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Cabot Financial / Welcome - Claim form not completed correctly?

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  • Cabot Financial / Welcome - Claim form not completed correctly?

    Hi all,

    I wonder if someone can help out here.
    My wife has an outstanding debt to Welcome Finance from 2006 - it was for a unsecured loan. While paying the loan she became ill, unable to work and gradually has become more and more ill. She suffers with ME and unfortunately is unable to work.

    When she became ill and was no longer able to drive we sold her car and made offers to all her creditors which everyone but Welcome accepted. She didn't receive any benefits, and my income was only enough to keep us going not cover her debt too, so she had to stop paying Welcome alltogether in the hope they'd get reasonable. They didn't - and neither did Cabot so it's been a couple of years of ignoring their letters and seeing what they'd do / when they'd start negotiating.
    She hasn't paid them anything since 2011.

    Today she received a court claim form from Shoosmiths, on behalf of Cabot relating to this debt.

    In the past attempts to deal with this we never got any documents out of Welcome/Cabot. We previously asked for a copy of the signed agreement but this was never produced...
    What are the correct letters I should send to get this & a confirmation the debt is now assigned to Cabot?

    The claim form seems to have a couple of errors too:

    copy of particulars here: https://db.tt/UCCRi822

    It advised the debt is to Welcome F - and doesn't include a date of it being assigned to them.
    Also it mentions a default that has certainly never been notified.

    Any mileage in these errors to get it thrown out?

    Appreciate any tips. She only receives a tiny amount of ESA and DLA money per month and making anything more than a token payment of maybe £10 a month wouldn't be feasible, sadly I struggle month to month just to keep the roof over our heads and food in the cupboards so I'm not inclined to give them a penny unless this situation changes.
    Tags: None

  • #2
    Re: Cabot Financial / Welcome - Claim form not completed correctly?

    Hi and welcome

    The particulars of claim are fairly generic, only they seem to have been interrupted when they were about to look up the date of assignment.

    Her first step should be to acknowledge the claim, which can be done online using the P/W provided. :typing: She has 14 days (+ 5 for service) to acknowledge and tick the box stating her intention to defend in full. :typing:

    Once the claim is acknowledged, she should send a letter to Shoosmiths requesting the documents mentioned under CPR 31.14. That's where she'll ask for a copy of the notice of assignment and default notice, along with the agreement. The letter can be found here: http://www.legalbeagles.info/forums/...382#post410382 They should respond in 7 days. :clock:

    She should also send a CCA request to Cabot, as per this post: http://www.legalbeagles.info/forums/...=7670#post7670 I'd go for the second, 'in-depth' version that has the following paragraph:

    If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.
    They should respond to this one within 14 days. The CCA request should be accompanied by a PO for £1 to cover the fee, there's no fee for the request under CPR 31.14. Both should be sent recorded delivery.

    It's important to keep an eye on the timescales, she'll have a total of 28 days (+ 5 for service) to submit a defence, from the date of claim. If the solicitors fail to supply the documents in time, she should contact them asking them to agree to an extension. There's no need to chase the CCA request to Cabot, as failure to comply can be used in her defence.

    Depending on their response to the above, she may be able to keep on defending the claim, otherwise she could look at a Tomlin Order that would stay the proceedings as long as the terms are kept to avoid a CCJ.

    Do post up if you have any questions. :typing:

    Comment


    • #3
      Re: Cabot Financial / Welcome - Claim form not completed correctly?

      I would also suggest that you send SAR to Welcome, to obtain copies of all the personal data they hold on you. They have up to 40 days to respond, but if Cabot can't respond to the CCA request quickly you can agree to extend by another 28 days for their compliance.

      The SAR will show you what Welcome hold and Cabot can only access the same data. It will also provide you with statements and these usually show that they have added on lots of bogus 'fees' and other charges that inflate a debt to them.

      Comment


      • #4
        Re: Cabot Financial / Welcome - Claim form not completed correctly?

        Originally posted by Kafka View Post
        I would also suggest that you send SAR to Welcome, to obtain copies of all the personal data they hold on you. They have up to 40 days to respond, but if Cabot can't respond to the CCA request quickly you can agree to extend by another 28 days for their compliance.
        That would be for the request under CPR 31.14 rather than the CCA request, since the CCA request is not part of the CPR that allows the parties to agree to an extension. Sadly some solicitors, notably BC, refuse to agree, despite never being able to come up with the documents requested. :mad2:

        Originally posted by Kafka View Post
        The SAR will show you what Welcome hold and Cabot can only access the same data. It will also provide you with statements and these usually show that they have added on lots of bogus 'fees' and other charges that inflate a debt to them.
        If you decide to send the SAR, here's the letter: http://www.legalbeagles.info/forums/...765#post382765 :nerd:

        Comment


        • #5
          Re: Cabot Financial / Welcome - Claim form not completed correctly?

          You say personal loan. Welcome finance were notorious for front loading Payment Protection Insurance on there agreements

          Why did you not claim the PPI??

          Comment


          • #6
            Re: Cabot Financial / Welcome - Claim form not completed correctly?

            Originally posted by ironman View Post
            You say personal loan. Welcome finance were notorious for front loading Payment Protection Insurance on there agreements

            Why did you not claim the PPI??
            AFAIK there wasn't any PPI, but have done the SAR now to find out for sure.

            Thanks for all the tips - 3 letters off to Welcome, Cabot and Shoosmiths respectively start of last week. Now to wait...

            Comment


            • #7
              Re: Cabot Financial / Welcome - Claim form not completed correctly?

              Originally posted by FlamingParrot View Post
              That would be for the request under CPR 31.14 rather than the CCA request, since the CCA request is not part of the CPR that allows the parties to agree to an extension. Sadly some solicitors, notably BC, refuse to agree, despite never being able to come up with the documents requested. :mad2:

              If you decide to send the SAR, here's the letter: http://www.legalbeagles.info/forums/...765#post382765 :nerd:

              Thanks for the help so far everyone.

              Cabot responded today with:


              Your request for information under the Consumer Credit Act 1974

              Thank you for your request for information under the Consumer Credit Act 1974. Cabot Financial currently does not have this information on file. However, we have requested the relevant information under section 77 / 78 of the Consumer Credit Act 1974 from the original lender.

              What happens next?

              We anticipate we will be able to provide this information within 40 days. In the event we are unlikely to obtain the information within those time limits, we will write to you again.

              Anything I should do at this stage?
              40 days will obviously be too late to help with a defence...

              Comment


              • #8
                Re: Cabot Financial / Welcome - Claim form not completed correctly?

                Anyone? :/

                Comment


                • #9
                  Re: Cabot Financial / Welcome - Claim form not completed correctly?

                  Hi, Sorry to have missed your post earlier. That letter is quite standard from Cabot now.
                  When you are within a week of filing your defence you should contact the claimants solicitors and ask them to agree an extension under cpr 15.5 of 28 days for you to file your defence. That most likely won't cover their 40 days but really that is their problem. They should have had the documents before bringing the claim. So you would defend on the non compliance of the CCA or apply or an order for them to supply the documents within xx days or be st.ruck out.

                  Originally posted by confusedinbristol View Post
                  Thanks for the help so far everyone.

                  Cabot responded today with:


                  Your request for information under the Consumer Credit Act 1974

                  Thank you for your request for information under the Consumer Credit Act 1974. Cabot Financial currently does not have this information on file. However, we have requested the relevant information under section 77 / 78 of the Consumer Credit Act 1974 from the original lender.

                  What happens next?

                  We anticipate we will be able to provide this information within 40 days. In the event we are unlikely to obtain the information within those time limits, we will write to you again.

                  Anything I should do at this stage?
                  40 days will obviously be too late to help with a defence...
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #10
                    Re: Cabot Financial / Welcome - Claim form not completed correctly?

                    Hi all,

                    So Welcome responded to the SAR request claiming not to be able to comply as they couldn't identify my wife - so we sent it again with a photocopy of her passport as requested.

                    Meanwhile - despite having received & signed for the letter Shoosmiths have failed to respond to the request for the copies of the documents cited in their claim - I understand they should have responded within 7 days.
                    As I'm now very close to being out of time am I best filing a defence or writing to Shoosmiths requesting they agree to an extension?

                    Comment


                    • #11
                      Re: Cabot Financial / Welcome - Claim form not completed correctly?

                      Originally posted by Amethyst View Post
                      Hi, Sorry to have missed your post earlier. That letter is quite standard from Cabot now.
                      When you are within a week of filing your defence you should contact the claimants solicitors and ask them to agree an extension under cpr 15.5 of 28 days for you to file your defence. That most likely won't cover their 40 days but really that is their problem. They should have had the documents before bringing the claim. So you would defend on the non compliance of the CCA or apply or an order for them to supply the documents within xx days or be st.ruck out.
                      Uh oh - just realised I'm getting my dates wrong.
                      I acknowledged the the claim receipt on 16th July. Am I right in saying this means I only have until tomorrow to get my defence filed? :/ Or is it working days? Not sure I put the reminder on my calendar so far out :/

                      Comment


                      • #12
                        Re: Cabot Financial / Welcome - Claim form not completed correctly?

                        16th july received so 5 days for service gives the 21st July
                        14 days to acknowledge gives 6th August
                        14 days for defence gives 20 August by my calculations

                        Did you receive and Acknowledge the claim on the same day

                        What is the date on the claim form

                        Comment


                        • #13
                          Re: Cabot Financial / Welcome - Claim form not completed correctly?

                          The form was dated 11th, but reached me on the 16th...

                          Originally posted by ironman View Post
                          16th july received so 5 days for service gives the 21st July
                          14 days to acknowledge gives 6th August
                          14 days for defence gives 20 August by my calculations

                          Did you receive and Acknowledge the claim on the same day

                          What is the date on the claim form

                          Comment


                          • #14
                            Re: Cabot Financial / Welcome - Claim form not completed correctly?

                            I make it then your defence needed to be in Yesterday Wednesday

                            check money claim online to confirm no judgemt has been made

                            You need to do a defence like yesterday and submit to money claim on line to stop a judgement by default

                            Comment


                            • #15
                              Re: Cabot Financial / Welcome - Claim form not completed correctly?

                              Yep Wednesday, August 13, 2014 is what I make it as well. Give the court a buzz and tell them you will be submitting your defence today and ask them if you can submit by email as MCOl is likely tobe shut off as too late.

                              Can you just confirm you have had no response to your CCA or CPR 31.14 requests?

                              There's an example defence http://www.legalbeagles.info/forums/...s&goto=newpost to get you started
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

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