Court Claim - MFS Portfolio Ltd / Halifax - 2-12-2015

[duke8t]

Received a claim? Yes
Issue Date: 2-12-2015
Amount approx: 11,000
Claimant: MFS Portfolio Ltd
Solicitor: Restons
Original Credit: Halifax

Particulars of Claim:
The Claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Halifax dated on or about May 28 2001 and assigned to the claimant on Jun 29 2015

Stat Barred? No

Have sent: Sent a CCA request, Sent a CPR 31.14 request

Other Info:
This is in my wifes maiden name which she has not used for over 10 years made token payments till 2013 it been through several DCA`s
Robinson Way, Akinika, Wescotts and now MFP had nothing to say it has been assigned to MFP . Reston`s issued a letter before action on the 11/11 but my wife has been ignoring anything with her maiden name on. Now recieved a claim from Reston`s on behalf of MFS portfolio ltd.

[nemesis45]

Re: Court Claim - MFS Portfolio Ltd / Halifax - 2-12-2015

Good morning. Welcome to LB,

OK this is another Cabot Group company (Marlin) based in Worthing.
What type of account is this, credit card, loan, HP?
This being in your wife's maiden name is not relevant?
Regular payments made up until 2013 means the debt is
not statute barred.
You have started correctly with the requests.
What is the exact amount on the claim form i.e. debt + Costs + interest if any.
What is there to defend this claim?

nem

[duke8t]

Re: Court Claim - MFS Portfolio Ltd / Halifax - 2-12-2015

Hi Nem

This is for a credit card. The fact is everyone of the Dca`s who have contacted us i have sent CCA`s to and had nothing from any of them. So i am just hoping they have nothing and are just hoping we will roll over.

Dept = 11754.25
Court fee = 528.94
Legal representative`s cost`s = 100.00
Total =12383.19

[nemesis45]

Re: Court Claim - MFS Portfolio Ltd / Halifax - 2-12-2015

Hi Nem

This is for a credit card. The fact is everyone of the Dca`s who have contacted us i have sent CCA`s to and had nothing from any of them. So i am just hoping they have nothing and are just hoping we will roll over.

Dept = 11754.25
Court fee = 528.94
Legal representative`s cost`s = 100.00
Total =12383.19

Ok CCA request and CPR 31.14 requests are valid in this case CPR has 7 days to comply. CCA 12 + 2 Working Days so let's
see what the responses are.

nem

[duke8t]

Re: Court Claim - MFS Portfolio Ltd / Halifax - 2-12-2015

Hi Nem

Have received a reply from both Restons and Cabot. Restons sent the CPR back saying it was not signed by my wife and it needed to be so they could verify who they were dealing with which was signed and sent back. Cabot sent the postal order back because it was not made payable to them it was made payable to MFP ltd. So i have sent them back made payable to Cabot. I am at a bit of a loss what to do next as it is getting close to filing a defence time.

[nemesis45]

Re: Court Claim - MFS Portfolio Ltd / Halifax - 2-12-2015

Hi Nem

Have received a reply from both Restons and Cabot. Restons sent the CPR back saying it was not signed by my wife and it needed to be so they could verify who they were dealing with which was signed and sent back. Cabot sent the postal order back because it was not made payable to them it was made payable to MFP ltd. So i have sent them back made payable to Cabot. I am at a bit of a loss what to do next as it is getting close to filing a defence time.

This is getting ridiculous, MFP were named as the claimant was it not? MFP Portfolio Ltd no mention of Cabot I see.

I think this need to be reported to the FCA I'll happily draft a letter to Carboot and the FCA for you.


nem

[duke8t]

Re: Court Claim - MFS Portfolio Ltd / Halifax - 2-12-2015

Hi Nem

Yes MFP were named as claimants but it arrived on Cabot headed paper, they really try and confuse the issue dont they. That would be great if you dont mind drafting a letter. I would really like to give them something to think about.

[nemesis45]

Re: Court Claim - MFS Portfolio Ltd / Halifax - 2-12-2015

Hi Nem

Yes MFP were named as claimants but it arrived on Cabot headed paper, they really try and confuse the issue dont they. That would be great if you dont mind drafting a letter. I would really like to give them something to think about.

OK no problem got to pop out of the office for a while will sort later

nem

[nemesis45]

Re: Court Claim - MFS Portfolio Ltd / Halifax - 2-12-2015

Ok Duke,

Confidential:
For The Personal attention of:

Mr Ken Stannard,
CEO Cabot Financial Management.
Address as on Cabot's letter.

Ref: use theirs as on the letter.

Formal Complaint: (copy to FCA).

Dear Mr Stannard,

I refer to a letter from Cabot ( copy attached for clarity ) dated ............................: requiring me to make a Postal Order payable to Cabot being
the statutory fee for a request made under provisions of sections 77/78 of CCA 1974 for a copy of an agreement for an account which is the
subject of County Court Claim No.............................: issued by MFS Portfolio Ltd.

There is however no mention of any requirement for statutory fees to be made payable to Cabot when the claimant is another limited company using
a further removed trading style.

One can only conclude that this tactic which I note is becoming quite common with requests sent to the various companies associated with Cabot is merely
a way for the company to gain more time to attempt to find documents to support its claims, bearing in mind the claimant should be in possession of such
documents before issuing a claim.

I am sending a copy of this complaint to the FCA with a comment of the suitability of the companies involved to hold consumer credit licences.

Your early reply is expected.


Use signed for post. Check delivery.

( Send off the request again).

nem

[duke8t]

Re: Court Claim - MFS Portfolio Ltd / Halifax - 2-12-2015

Thanks Nem

I will get this off to both of them. Do i still file my defence as normal even though they both sent the letters back to us ?.

Regards

[nemesis45]

Re: Court Claim - MFS Portfolio Ltd / Halifax - 2-12-2015

Thanks Nem

I will get this off to both of them. Do i still file my defence as normal even though they both sent the letters back to us ?.

Regards

Yes carry on the court process!

nem

- - - Updated - - -

Thanks Nem

I will get this off to both of them. Do i still file my defence as normal even though they both sent the letters back to us ?.

Regards

Yes carry on the court process!

nem

- - - Updated - - -

Thanks Nem

I will get this off to both of them. Do i still file my defence as normal even though they both sent the letters back to us ?.

Regards

Yes carry on the court process!

nem

[duke8t]

Re: Court Claim - MFS Portfolio Ltd / Halifax - 2-12-2015

Hi Nem

Sorry for not posting these when we recieved them but i have been ill recently. The first one is from the Court, The second one from Cabot, and finally from Reston`s. Also tagged on to the Reston`s was an admission (Specified Amount) Paperwork.


hmc 040116 1.jpgCabot 060116.jpgrestons 180116.jpg


Regards

Nigel

[nemesis45]

Re: Court Claim - MFS Portfolio Ltd / Halifax - 2-12-2015

Hi Nem

Sorry for not posting these when we recieved them but i have been ill recently. The first one is from the Court, The second one from Cabot, and finally from Reston`s. Also tagged on to the Reston`s was an admission (Specified Amount) Paperwork.


[ATTACH=CONFIG]21803[/ATTACH][ATTACH=CONFIG]21804[/ATTACH][ATTACH=CONFIG]21805[/ATTACH][ATTACH=CONFIG]21806[/ATTACH]


Regards

Nigel

Good morning Nigel, responding to your PM.

Sorry to hear you have been unwell. I hope you are better now.

OK the court letter and the Cabot letter are standard replies.

The Restons garbage is a normal response when they don't have the CCA.

There's no obligation to sign a CCA request, but a creditor has to be sure the data requested is going to the right person.

I suggest a reply along the lines of the following to restons.

Ref: CC Claim No............................
Your client Cabot.

Sir / madam,

I refer to your letter dated and make the following comments.

1. What documents I may or may not have received from any party in the past is total irrelevant to my request made under the provisions of CPR 3.14 I require inspection of documents that your client intends to rely on in court. Please forward requested documents by return of post.

2. As to my request made under the provision of sections 77/78/79 of CCA 1974 as you are no doubt aware there is no obligation to sign such a request, note if Restons or its client are unsure of my identity how is that both Cabot and Restons have been communicating with me in regard to an alleged debt and the CC claim now being brought against me.

I am reissuing a request for a copy of the agreement direct to your client ( signed) together with the £1 statutory fee given that my previous request has been rejected for no real reason I expect your client to provide the document by return of post.

I will be bring the conduct of Restons and it's client to the attention of the court and the FCA.

yours etc.

Signed for post Nigel check delivery date and signature.

nem

[duke8t]

Re: Court Claim - MFS Portfolio Ltd / Halifax - 2-12-2015

Good morning Nigel, responding to your PM.

Sorry to hear you have been unwell. I hope you are better now.

OK the court letter and the Cabot letter are standard replies.

The Restons garbage is a normal response when they don't have the CCA.

There's no obligation to sign a CCA request, but a creditor has to be sure the data requested is going to the right person.

I suggest a reply along the lines of the following to restons.

Ref: CC Claim No............................
Your client Cabot.

Sir / madam,

I refer to your letter dated and make the following comments.

1. What documents I may or may not have received from any party in the past is total irrelevant to my request made under the provisions of CPR 3.14 I require inspection of documents that your client intends to rely on in court. Please forward requested documents by return of post.

2. As to my request made under the provision of sections 77/78/79 of CCA 1974 as you are no doubt aware there is no obligation to sign such a request, note if Restons or its client are unsure of my identity how is that both Cabot and Restons have been communicating with me in regard to an alleged debt and the CC claim now being brought against me.

I am reissuing a request for a copy of the agreement direct to your client ( signed) together with the £1 statutory fee given that my previous request has been rejected for no real reason I expect your client to provide the document by return of post.

I will be bring the conduct of Restons and it's client to the attention of the court and the FCA.

yours etc.

Signed for post Nigel check delivery date and signature.

nem

Thanks Nem

Will post tomorrow

Regards

Nigel

[charitynjw]

Re: Court Claim - MFS Portfolio Ltd / Halifax - 2-12-2015

Hi [MENTION=76407]duke8t[/MENTION]
[MENTION=55034]nemesis45[/MENTION] isn't around right at this moment.

I think the letter might be referring to CPR 31.14 - I'm sure nem will either confirm if that is the case, or give me a slap if I'm wrong!