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

[Andy Mill]

Received a claim? Yes
Issue Date: 21-12-2015
Amount approx: 27200.35
Claimant: Cabolt Financial ltd
Solicitor: Mortimer Clarke Solicitors ltd
Original Credit: Welcome Finance

Particulars of Claim:
By an agreement between WELCOME FINANCE & the defendant on or around 28/2/2005 (the Agreement) WELCOME FINANCE agreed to loan the Defendant monies. The defendant did not pay the installments as they fell due & the Agreement was terminated. The Agreement was as signed to the claimant. THE CLAIMANT THEREFORE CLAIMS £27200.35


Stat Barred? Unsure

Have sent: Acknowledged the Claim

Other Info:
Hi there about this debt I think it was a mortgage short fall but the wife thinks it was a loan. The house was repossessed and sold through auction and we never heard a thing since. We have no paperwork at all about this im in the progress of writing and sending the CCA and the CPR forms off any help would be much appreciated

[Andy Mill]

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

anyone ?

[Amethyst]

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

Hi Andy, Apologies for missing your post before xxx

Good to hear you have acknowledged the claim - so you have to the 23rd Jan to defend ?

Have you got your CPR and CCA letters off to the claimant ?

On the debt - did you have a mortgage with Welcome Finance or a secured loan ? Did Welcome Finance reposess your house ?

£27k does sound like a large figure - does it correspond with a loan you have had previously with Welcome ?

If it is a mortgage shortfall then the creditor does have a 12 year period in which to try and recover that from you.

That is a terribly brief statement of claim from Cabot/Mortimer Clark for a fast track claim. It will be in the fast track so they will need to provide far more in the way of documentation to evidence this debt. Standard disclosure will apply.

[nemesis45]

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

As far as I recall Welcome did not provide " mortgages underseal" just secured loans.

nem

[Andy Mill]

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

Thanks for the replies the letters are sent off and im just waiting for a reply. I am curious tho if it was a secured loan how would that work with being stature bared ?

[nemesis45]

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

Thanks for the replies the letters are sent off and im just waiting for a reply. I am curious tho if it was a secured loan how would that work with being stature bared ?

Secured personal loan? Not a mortgage under seal?

nem

[Andy Mill]

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

i honestly have no idea it was that long ago, guess il wait to see if the paper work turns up

[nemesis45]

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

i honestly have no idea it was that long ago, guess il wait to see if the paper work turns up

Mortgages have a 12 year Limitation period.

nem

[Andy Mill]

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

Me again, is the seven days i gave them to respond to my letters working days ? and what do i do if they haven't replied after the 7 day period thanks

[Andy Mill]

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

Right the 7 days have now passed the letters were received on the 15th January, can anyone tell me my next step ? thanks in advance


EDIT : I have just received this letter from Mortimer,

Thank you for your letter dated 05/01/2016.

We confirm our client is willing to agree to the extension of 28 days, for you to file your defense. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.

CPR 31.14 relates to the right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

we would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our client's instructions.

what are my next steps please

[nemesis45]

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

Right the 7 days have now passed the letters were received on the 15th January, can anyone tell me my next step ? thanks in advance


EDIT : I have just received this letter from Mortimer,

Thank you for your letter dated 05/01/2016.

We confirm our client is willing to agree to the extension of 28 days, for you to file your defense. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.

CPR 31.14 relates to the right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

we would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our client's instructions.

what are my next steps please

Hello Andy, responding to your PM.
A standard letter used to see if you have documents that they don't
have and or can't get.

You could send them the following.

Mortimer Clarke Solicitors

Date:

Ref: CC Claim No.................:
Re: CPR31.14 Request dated.................@

Sir / Madam,

I refer to your letter dated.......................: in response to my request for inspection of documents
under the provisions of Civil Procedure Rule 31.14.

Please note any documents (if any) that I may have under my control will if relevant to this claim be disclosed
at the appropriate time in the progress of this claim.

As this claim is not yet allocated t a track CPR 31.14 still applies, please
therefore provide the documents requested by return of post, assuming
that your " client " was in possession of the documents it intends to rely
on before issuing the claim.

Failure to comply will be brought to the attention of the court.

yours etc.

use signed for post Andy.

nem

[Andy Mill]

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

Thanks nem just one more question for now. Can i e-mail the court or do i have to write a letter about the extension and what would i need to say

thanks again

[nemesis45]

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

Thanks nem just one more question for now. Can i e-mail the court or do i have to write a letter about the extension and what would i need to say


thanks again

Yes>

Re Claim No xxxxxxxxxxxxxxxxx

Between Cabot Financial Ltd and Andy

The claimant has this day agreed to an extension of xx days to enable me to file my defence,

nem

[Amethyst]

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

Yes>

Re Claim No xxxxxxxxxxxxxxxxx

Between Cabot Financial Ltd and Andy

The claimant has this day agreed to an extension of xx days to enable me to file my defence,

nem

I might expand on it a bit Nem.

SUBJECT: xxxxCLAIMANTxxxx v xxxxDEFENDANTxxxxx CASE NO: XXXXXX - EXTENSION OF TIME FOR FILING DEFENCE
-------------------------------------------------------------
Dear Sirs

The defendant and the claimant in claim XXXXXX have agreed that the period for filing a defence specified in rule 15.4 shall be extended by 28 days as allowed under CPR 15.5. This extends the date for filing of a defence to XXX DATE XXX. I have attached confirmation of this extension received from the claimant for the courts record.

Kind regards

xxxxxxxxx
Defendant

[Amethyst]

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

Andy, I might be inclined to send a subject access request ( see http://legalbeagles.info/forums/show...ection-Act-%29 ) off to Welcome finance to obtain further information about this debt. This will be in fast track - possibly multitrack so the risk of costs is quite high, so if this does go much further I think you would be wise to try and get some formal advice. The Particulars of claim do make this sound like a loan - do you not recall if you had a loan with Welcome as well as the mortgage ?

Has there been any response to your CCA request ?