Court Claim - Cabolt Financial ltd / Welcome Finance - 21-12-2015

[Andy Mill]

Re: Court Claim - Cabolt Financial ltd / Welcome Finance - 21-12-2015

Amethyst the only contact ive had so far is the letter i received today ive wrote what was in the letter in a previous post. I also got a letter offering me a 40% discount . As for the monies owed the wife is sure it was a loan to fix the house up when we bought it tho we are not sure if it was a secured one or not. Maybe a £10,000 loan but with interest and costs thats probably why the sum is so high now.

[Amethyst]

Re: Court Claim - Cabolt Financial ltd / Welcome Finance - 21-12-2015

Okay and any idea how long ago that was? When did you buy the house approx ? and when was it reposessed? Yes £10k with Welcome could easily grow to £27k and the rest.... they really were awful. I think a SAR is a good idea as then even if the docs do show up you will have a fair bit of a defence within the transactions on the account I expect.

40% is quite a hefty discount on £27k .... doesn't sound much like they have the docs.

[Andy Mill]

Re: Court Claim - Cabolt Financial ltd / Welcome Finance - 21-12-2015

checking my credit report it was 11 years ago and the account type shown on Noddle shows it as a unsecured loan, Also the letter was from mortimer not cabolt

[Andy Mill]

Re: Court Claim - Cabolt Financial ltd / Welcome Finance - 21-12-2015

Hi all The CCA request i sent to cabolt still hasn't been responded to by them, Where do i stand on that ?. The solicitor responded to my first request and as prompted i replied with what i was told ( they still have time to reply to that request ) Just wondering if i need to write another letter to cabolt reminding them or do i just leave it ( They recieved the CCA on the 15th of january )

Thanks Andy

[Andy Mill]

Re: Court Claim - Cabolt Financial ltd / Welcome Finance - 21-12-2015

Received a letter from mortimer clarke today it reads,

We have received your defence . ( not sure what defence they are on about).

We are taking our client's instructions in relation to your defence and will come back to you as soon as we can. In the meantim, the matter has been placed on hold.

any advice on my next step ? i still haven't recieved any responce from cabolt and still haven't seen any paperwork concerning my CCA request.

and do i still need to put my defence in ?

thanks andy

[Andy Mill]

Re: Court Claim - Cabolt Financial ltd / Welcome Finance - 21-12-2015

Anyone able to advise please ?

[charitynjw]

Re: Court Claim - Cabolt Financial ltd / Welcome Finance - 21-12-2015

Looks like a template letter to me.

I would ring the court to make sure they received notification of the 28 day extension.

Then I would write to the solicitor, reminding them of the extension & could they please send the documents requested as a matter of some urgency.

Do not chase the CCA letter to the claimant (I assume you have found out whether it is a loan covered by the CCA 1974 (as amended)).
If so, while they have not responded to your lawful request, they cannot advance their court claim.

Oh, & don't forget proof of postage.

[Amethyst]

Re: Court Claim - Cabolt Financial ltd / Welcome Finance - 21-12-2015

Hi andy xx

You're still within your extension period aren't you ? So your defence isn't due until around 20th Feb.

they may have just sent the wrong template letter to you but it might be worth checking with the court - you didn't write anything in the boxes when you submitted your acknowledgment of service did you ? sometimes they take that as a defence. Yes, I think give the court a call and check with them, tell them the claimants have thanked you for your defence but you haven't submitted one, and see what they say.

No need to chase the CCA further. Did you get a subject access request off to Welcome at all ? If not you should get that in.

If it looks like an unsecured loan from 11 years ago on your credit report that's a good sign, although Welcome didn't really do unsecured lending... do you recall how long ago you had any contact about this loan, or when you might last have made a payment? You could argue it is statute barred if it's not from the mortgage shortfall on top of the complete lack of documents.

Can you give us a bit better idea what your credit report shows on this debt pls.

( crossed posts with Charity )

[charitynjw]

Re: Court Claim - Cabolt Financial ltd / Welcome Finance - 21-12-2015

Hi andy xx

You're still within your extension period aren't you ? So your defence isn't due until around 20th Feb.

they may have just sent the wrong template letter to you but it might be worth checking with the court - you didn't write anything in the boxes when you submitted your acknowledgment of service did you ? sometimes they take that as a defence. Yes, I think give the court a call and check with them, tell them the claimants have thanked you for your defence but you haven't submitted one, and see what they say.

No need to chase the CCA further. Did you get a subject access request off to Welcome at all ? If not you should get that in.

If it looks like an unsecured loan from 11 years ago on your credit report that's a good sign, although Welcome didn't really do unsecured lending... do you recall how long ago you had any contact about this loan, or when you might last have made a payment? You could argue it is statute barred if it's not from the mortgage shortfall on top of the complete lack of documents.

Can you give us a bit better idea what your credit report shows on this debt pls.

( crossed posts with Charity )

Lol, I bow to wisdom, experience, age etc.............

:tung:

:shocked: :bolt:

[Andy Mill]

Re: Court Claim - Cabolt Financial ltd / Welcome Finance - 21-12-2015

this is what noddle shows me about it. I sent the court a e-mail containing a picture of the letter mortimer and clarke sent me about the 28 day extension and will ring them about the defence subject. I didn't write anything in the boxes about my defence, And i have no idea when i last made a payment to welcome finance (i may ring the bank and see if they can help on that front).

[Amethyst]

Re: Court Claim - Cabolt Financial ltd / Welcome Finance - 21-12-2015

like that xx

so CRA default date 25/1/2011

and they bought the claim 21/12/2015

so yes a couple months out... we can still argue it depending on when your last payment/communication with Welcome was ? Do you have any idea, or can you get hold of any old bank statements ?

The SAR to Welcome will be really really helpful btw.


Ahh cool you updated

this is what noddle shows me about it. I sent the court a e-mail containing a picture of the letter mortimer and clarke sent me about the 28 day extension and will ring them about the defence subject. I didn't write anything in the boxes about my defence, And i have no idea when i last made a payment to welcome finance (i may ring the bank and see if they can help on that front).

the court will say 'they don't grant extensions' so don't worry about that, just mention to them that the claimant has acknowledged receipt of your defence and you are concerned as you haven't filed a defence having agreed an extension between the parties.

[Andy Mill]

Re: Court Claim - Cabolt Financial ltd / Welcome Finance - 21-12-2015

just tried the bank and they can only check the last 5 years (no payments there) other than that i cannot remember paying them or having any contact with them. im trying to find the house sales history and what i can see is sales in 2003 and 2006 and no more after that so one of those must be mine assuming the 2006 sale after all the rigmarole of re-possessing and setting it up for auction so my last contact/payment was before then

- - - Updated - - -

oh and i they must of bought the debt before then because they have been sending letters for a few years now as far as i can remember i think it was them who started the default in 25/1/2011

[Amethyst]

Re: Court Claim - Cabolt Financial ltd / Welcome Finance - 21-12-2015

Okay so no contact since 2006 You contend that any alleged debt to Welcome Finance would be statute barred by virtue of para 5 of the Limitations Act 1980.

No copy of the agreement - you've sent a CCA request and a SAR for more information and haven't received anything.

You believe it was an unsecured personal loan but you can't be certain without further details from the claimant.

Sounds like a half decent defence to be getting on with.

[Andy Mill]

Re: Court Claim - Cabolt Financial ltd / Welcome Finance - 21-12-2015

rang the courts not very helpful at all, mentioned about the defence thing and was told id have to ring mortimer and clarke

[Amethyst]

Re: Court Claim - Cabolt Financial ltd / Welcome Finance - 21-12-2015

FFS they are bloody annoying, it is pot luck who you get there. All they have to do is tap your claim number into the computer and see if it says a defence has been filed or not.

Grrrr. I think you just want to get on with writing your defence and filing it. It does sound like MC have just sent a standard template letter without any thought.