Court Claim - Cabot Financial UK Limited / Welcome Finance - 10-2-2016

[dchurch87]

Received a claim? Yes
Issue Date: 10-2-2016
Amount approx: 1600
Claimant: Cabot Financial UK Limited
Solicitor: Weightmans LLP
Original Credit: Welcome Finance

Particulars of Claim:
1. the defendant entered into a credit agreement described by the original creditor as WELCOME FINANCE-LOAN and having an account number ******* ('the Account')
2. The claimant, a UK limited company with company number *******, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account.
3. The defendant is indebted to the claimant in the resoect of the account in the sum of 1426.98
4. The claimant claims the said sum of 1426.98, plus costs.

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:

[Bricky]

Re: Court Claim - Cabot Financial UK Limited / Welcome Finance - 10-2-2016

sorry I'm not much help, but the people on here are great, you have come to the right place.
good luck cheers bricky

[dchurch87]

Re: Court Claim - Cabot Financial UK Limited / Welcome Finance - 10-2-2016

It was a joint loan of £2000 taken out in 2007/2008 (if I remember correctly)

Around £5000 had been paid back in total (ran into payment difficulties 8 months after the loan was taken out, my Ex partner started paying between 2009-2013 via a debt management plan to a total of around £5000 inclusive of original payments)

I feel this is above and beyond the original amount due to be paid back so there are a huge amount of fees added.

They are now requesting 1426.98 plus fees via county court business centre.

I am unsure if there was PPI on the loan although we have not started claiming any back, don't know if this is any sort of leverage for us?

New to all this court stuff so I'm panicking at the minute, any help would be a great help/weight off my shoulders.

I have went onto the MCOL website and requested 28 days and put I intend to contest the amount.

Thanks Guys/Girls

- - - Updated - - -

Thank You Bricky

[dchurch87]

Re: Court Claim - Cabot Financial UK Limited / Welcome Finance - 10-2-2016

help anyone?

[dchurch87]

Re: Court Claim - Cabot Financial UK Limited / Welcome Finance - 10-2-2016

Now about to type up the CPR request, in the document posted in the forum, going by the particulars in my claim, what would I need to request?

"1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand"

agreement for sure
is the assignment where its been assigned to another company? if so I would require that?

not sure on the other two?

Thanks

[Kati]

Re: Court Claim - Cabot Financial UK Limited / Welcome Finance - 10-2-2016

Now about to type up the CPR request, in the document posted in the forum, going by the particulars in my claim, what would I need to request?

"1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand"

agreement for sure
is the assignment where its been assigned to another company? if so I would require that?

not sure on the other two?

Thanks

You can ask for what is mentioned in the PoC:

1. the defendant entered into a credit agreement described by the original creditor as WELCOME FINANCE-LOAN and having an account number ******* ('the Account')
2. The claimant, a UK limited company with company number *******, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account.
3. The defendant is indebted to the claimant in the resoect of the account in the sum of 1426.98
4. The claimant claims the said sum of 1426.98, plus costs.

so ... it looks like the agreement and notice of assignment.

:bump: for [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION] xx

[nemesis45]

Re: Court Claim - Cabot Financial UK Limited / Welcome Finance - 10-2-2016

You can ask for what is mentioned in the PoC:

so ... it looks like the agreement and notice of assignment.

:bump: for @nemesis45 @Amethyst xx

Taking a look now [MENTION=49370]Kati[/MENTION] meetings dragging on because someone has a " what if " question on every point.:tinysmile_cry_t:

nemxx

[nemesis45]

Re: Court Claim - Cabot Financial UK Limited / Welcome Finance - 10-2-2016

You can ask for what is mentioned in the PoC:

so ... it looks like the agreement and notice of assignment.

:bump: for @nemesis45 @Amethyst xx

Spot on [MENTION=49370]Kati[/MENTION]:tinysmile_twink_t2:


Reading through this I have a point that's worrying i.e. no Default is mentioned,
given some recent ex Welcome Finance accounts which have been sold without
having been defaulted I recommend that you check your credit reference files asap!

Have yo sent a CCA Request + £1 fee direct to Cabot ( template in the forum library. Use a postal order for the fee and
endorse it " For Statutory Fee Only.

Your CPR goes the Weightmans (No Fee)

You need to ask Weightmans to agree to the extension.

nem

[dchurch87]

Re: Court Claim - Cabot Financial UK Limited / Welcome Finance - 10-2-2016

Hi Guys,

Thank you both for the comments.

I am sending the CCA tomorrow (needed a signature from my ex who was joint on the loan)
CPR will also go tomorrow nowyou have kindly helped with what I needed to add.
[MENTION=55034]nemesis45[/MENTION] - what do you mean that is worrying you? Also do you mean check through my online credit file? I have a free one via my bank Halifax (Noddle) what do I need to check for?

Thanks again

[nemesis45]

Re: Court Claim - Cabot Financial UK Limited / Welcome Finance - 10-2-2016

Hi Guys,

Thank you both for the comments.

I am sending the CCA tomorrow (needed a signature from my ex who was joint on the loan)
CPR will also go tomorrow nowyou have kindly helped with what I needed to add.
@nemesis45 - what do you mean that is worrying you? Also do you mean check through my online credit file? I have a free one via my bank Halifax (Noddle) what do I need to check for?

Thanks again

Hi credit file check default date, this is what concerns me is that no default notice or date is mentioned on the SOC, many Welcome
accounts were no defaulted at all or were defaulted immediately prior to sale leaving the debtor at a distinct disadvantage.

nem

[dchurch87]

Re: Court Claim - Cabot Financial UK Limited / Welcome Finance - 10-2-2016

[MENTION=55034]nemesis45[/MENTION] it doesn't seem to even appear on my credit file.
Regards Dan

[nemesis45]

Re: Court Claim - Cabot Financial UK Limited / Welcome Finance - 10-2-2016

@nemesis45 it doesn't seem to even appear on my credit file.
Regards Dan

OK Dan,

This could be that the default was over 6 years ago.

Get the CCA off asap.
Has your ex checked credit files?

nem

[dchurch87]

Re: Court Claim - Cabot Financial UK Limited / Welcome Finance - 10-2-2016

[MENTION=55034]nemesis45[/MENTION] - I have got her on the case to get a free credit score trial to check.

they last had contact with me in 2007/2008 - she then went through debt management to pay some between 2009-2012 and paid around £4800 plus the original (id guess £500) we had paid before splitting and having difficulties paying. Original loan was £2k so what we have paid would cover the original amount and interest plus more - obviously their ridiculous fees has bumped another £1400 on top which they are claiming for

- - - Updated - - -

Also - is the CCA/CPR asking for more time? or do I need to send additional letters off?

[nemesis45]

Re: Court Claim - Cabot Financial UK Limited / Welcome Finance - 10-2-2016

@nemesis45 - I have got her on the case to get a free credit score trial to check.

they last had contact with me in 2007/2008 - she then went through debt management to pay some between 2009-2012 and paid around £4800 plus the original (id guess £500) we had paid before splitting and having difficulties paying. Original loan was £2k so what we have paid would cover the original amount and interest plus more - obviously their ridiculous fees has bumped another £1400 on top which they are claiming for

- - - Updated - - -

Also - is the CCA/CPR asking for more time? or do I need to send additional letters off?

If you want an extension you will need to contact the solicitors and ask if they will agree extension of 28days as another has
party is involved in the claim.

The DMP will have affected the Limitation period,

nem

[dchurch87]

Re: Court Claim - Cabot Financial UK Limited / Welcome Finance - 10-2-2016

[MENTION=55034]nemesis45[/MENTION] - sorry for my lack of knowledge, DMP?

I received letter 13/02/2015
went onto moneyclaim site and acknowledged same day (posting I would defend)
tomorrow both letters will be sent next day delivery (ready for Monday)

would I be best to write to solicitors (weightmans) asking for a 28 day extension, what would I need to write? is there any templates?


do I still need to fill in the paper section of the court letter asking for my income/expenditures etc?

Thanks

- - - Updated - - -

sorry - new to this so don't really understand it all, why do I need to request extension and what for?