County Court Claim: Cabot Finance re: Old Welcome Finance Loan

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Letter from Cabot over the weekend

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Should I now email, Cabot asking for an extension? As they've said they do not have the documents?

My defence has to be filed by 2nd November, is that by the end of the working day?

[nemesis45]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Letter from Cabot over the weekend

Is that all, no covering letter?

nem

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

No it was, just that letter nothing else

[Amethyst]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Yes by 4pm.

You would ask the solicitors to agree to an extension on the basis their client hasn't got the agreement yet - http://www.legalbeagles.info/forums/...filing-defence

or you can just get your defence in based on the breach of the CCA 1974 - http://www.legalbeagles.info/forums/...t-Court-Claims


( Nem, I'm not sure why a letter would have a covering letter? )

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

The solicitors only correspond via post, so would be too late now I would think to get a reply before my defence has to be filed.

Is there any reason, why they have not got all the paperwork for this, if they have bought the debt from Welcome Finance?

[nemesis45]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

The solicitors only correspond via post, so would be too late now I would think to get a reply before my defence has to be filed.

Is there any reason, why they have not got all the paperwork for this, if they have bought the debt from Welcome Finance?

Good morning BillyRay,

Debts are not sold " individually".
A portfolio of debts with a face value in millions of pounds is sold without much more than the debtors name/address and contact details, no mention will be made of any disputes, payments or status in regard to the Limitation Act 1980.

It's wrong that debt purchasers can issue a court claim without having anything to support their claim at the time.

nem

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Thank you Nem,

I know that there is no way the loan was taken out in November 2006, as i had just been made redundant in the June and had take time off with my daughter. Is this something i should mention in my defence? They would'nt have approved a loan when i never even had a job? I vaguely remember it being in the November 2005 maybe Jan 2006 that I signed the loan

[nemesis45]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Thank you Nem,

I know that there is no way the loan was taken out in November 2006, as i had just been made redundant in the June and had take time off with my daughter. Is this something i should mention in my defence? They would'nt have approved a loan when i never even had a job? I vaguely remember it being in the November 2005 maybe Jan 2006 that I signed the loan

Hi,
Yes you can mention that your circumstances in November 2006 would have precluded any chance of getting such a loan.

nem

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Do I also mention, Cabot unlicensed trading? As I emailed the court regarding this?

Thanks

[nemesis45]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Do I also mention, Cabot unlicensed trading? As I emailed the court regarding this?

Thanks

Personal Opinion, No stay away from that!

nem

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Hi,

I've attached letter I received from Reston's, with a form attached so I can change my plea!

Still nothing from Cabot re my request

Thanks

[nemesis45]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Hi,

I've attached letter I received from Reston's, with a form attached so I can change my plea!

Still nothing from Cabot re my request

Thanks

Seems to be a considerable mix up with the CPR and CCA requests here, what exactly did
you send to Cabot and Restons ?

nem

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

There's the letters, I have received one back weeks ago from Cabot regarding the request for information, which they replied they hope they'd have it within 40 days


Thanks

[nemesis45]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

There's the letters, I have received one back weeks ago from Cabot regarding the request for information, which they replied they hope they'd have it within 40 days


Thanks

OK that is not a CCA request nor is a CPR31.14 request!
1. A CCA Request allows for only a copy of the agreement relevant to the debt and a " current " statement of the account.

2. CPR 31.14 allows a request for the documents mentioned in the Particulars of Claim Nothing Else!

What you have sent is more like a " Subject Access Request " made under the provisions of the Data Protection Act 1998 a £10 statutory fee is payable for that.
Sending a SAR to the debt purchaser is a waste of time and money as it will have only the absolute minimum of data which is supplied when debts are sold.

Cabot's " 40" days letter is a nonsense the time scale is 12 + 2 Working Days for a CCA request, failure to comply render the debt unenforceable UNTIL the agreement is supplied.

nem