County court claim form

[mich0130]

Re: County court claim form

I have checked them on line and I'm sure I can get copies if needed.

Do you have your bank statements etc to show that the statement of account from Welcome is poppycock ?

[charitynjw]

Re: County court claim form

HI,

I acknowledge the claim form a while ago and put in my defence last week????

Many Thanks
Michelle

Apologies Michelle.

Right post...................But wrong thread!:duh:

:sorry:

[Amethyst]

Re: County court claim form

I have checked them on line and I'm sure I can get copies if needed.

Cool. Might be useful for your witness statement. Presumably you are arguing the debt ( as well as being unenforceable due to no agreement copy) is statute barred - you claim your last payment is 2008 and the statements show a date Sept 2010?

[mich0130]

Re: County court claim form

Not a problem I appreciate your time and help

Apologies Michelle.

Right post...................But wrong thread!:duh:

:sorry:

- - - Updated - - -

Yes I am. I called the bank when this all started and they said to me the last payment i made to welcome was 14th feb 2008 but statement shows payments up until 09/12/2010.

Cool. Might be useful for your witness statement. Presumably you are arguing the debt ( as well as being unenforceable due to no agreement copy) is statute barred - you claim your last payment is 2008 and the statements show a date Sept 2010?

[mich0130]

Re: County court claim form

Morning,

Received a letter from Restons yesterday-

The court has served us with a copy of the deference you have filed whereby you dispute your liability to our client in full.

This Claim was issued via the County Court Business Centre which is a procedure specifically provided for the CPR. This procedure only allows a Claimant to insert brief details of the claim and does not allow the attachment of any enclosures. Paragraph 5.2A of Practice 7E specifically states "the requirement in paragraph 7.3 of practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of the claim are served separately in accordance with paragraph 5.2 of this practice direction." Having said that, we believe the particulars of the claim provides you with sufficient information to ascertain what the outstanding balance relates to, including the account number, the original creditor and the current creditor, as well as the outstanding balance.

By the way a explanation, Cabot Financial (UK) Limited is a debt purchaser. We would advise that this is a simple debt recovery action and the relevant facts are as follows:

1. The outstanding balance referred to in the particulars of the claim relates to a welcome finance loan facility with account number 3xxxx5. Our client records indicate that the original Credit Agreement was dated on or about 29th May 2008. It is the claimants position that you should have received a copy of the credit agreement when first entering into the contract with welcome finance;

2.Welcome Finance should have sent statements of Account to you on an annual basis during the operation of the loan facility. Such statements will have identified any payments towards the account, the application of any contractual interest/changes, and the outstanding balance on an annual basis;

3. You failed to maintain the minimum repayments and accordingly, Welcome Finance served a Default Notice before terminating the Credit Agreement;


4. In line with the terms and conditions of that credit agreement, the original creditor had a contractual right of assignment. in other words, welcome finance was entiitled to transfer their rights and benefits under the agreement to a third party. Around that time you should have received a letter from the original creditor advising you that the account had been assigned to a third party and you should also have received a notice of assignment from cabot financial (UK) Limited.

If you wish to review any documentation referred to above, we kindly ask that you revisit your personal records.

Having said that, and on a voluntary basis, we have requested documentation from our client to support our clients case and hopefully resolve any disputes raised. Please bear in mind that obtaining documentation can be a lengthy process as such documentation are requested from the claimant, who in turn, obtains such documents from the original creditor.

We have been informed that the last payment made towards the outstanding balance was on or around 6th September 2010, which is within 6 years of proceesings having been issued. We therefore disagree with your assertion that the debt is statute barred in accordance with the limitation act 1980.

We will be in contact in due course.


So what happens next?

Michelle

[nemesis45]

Re: County court claim form

Standard Restons response,

If you have sent a CCA request to Cabot + £1 fee and they have not responded within the 12 +2 Working Days Timescale the debt is rendered unenforceable until an agreement or compliant reconstituted agreement is produced.

You need to watch out for documents from the court as the court procedures continue unless an agreed extension of time is in place.

Do you agree the last payment date.

nem

[mich0130]

Re: County court claim form

Hi nem,

Yes I sent a CCA to Cabot and the one pound fee on the 14/04/16 and was signed for on the 15/04/16.

According to my bank statements the last payment was 14/02/08.

Michelle

Standard Restons response,

If you have sent a CCA request to Cabot + £1 fee and they have not responded within the 12 +2 Working Days Timescale the debt is rendered unenforceable until an agreement or compliant reconstituted agreement is produced.

You need to watch out for documents from the court as the court procedures continue unless an agreed extension of time is in place.

Do you agree the last payment date.

nem

[nemesis45]

Re: County court claim form

Hi nem,

Yes I sent a CCA to Cabot and the one pound fee on the 14/04/16 and was signed for on the 15/04/16.

According to my bank statements the last payment was 14/02/08.

Michelle

Ok,

Write to Restons and refute the " mystery " payment and demand that they provide unequivocal proof that such a payment, and state you want to know the exact date the alleged payment was made, who made it and how is was paid.

Also state ( but do not send) that you have bank details that you will use to refute the claim that the alleged debt is not statute barred.

nem

[mich0130]

Re: County court claim form

This OK?


Dear Sir/Madam

RegardingRef – 3309213

I am writingin regards to your recent letter dated 18^th May 2016.

I refute themystery payment on the 06^th September 2010. I demand that youprovide unequivocal proof that such a payment was made. As of date I have onlyreceived a completely fabricated Welcome financial services Limitedtransactional record sent from Cobot Financial (UK) Limited.
I know theexact date of the alleged payment was, who made it and how it was made. I havebank details that I will use to refute the claim that the alleged debt is notstatute barred.

Ok,

Write to Restons and refute the " mystery " payment and demand that they provide unequivocal proof that such a payment, and state you want to know the exact date the alleged payment was made, who made it and how is was paid.

Also state ( but do not send) that you have bank details that you will use to refute the claim that the alleged debt is not statute barred.

nem

[nemesis45]

Re: County court claim form

[QUOTE=mich0130;649400]This OK?


Dear Sir/Madam

RegardingRef – 3309213

I am writing in regards to your recent letter dated 18^th May 2016.

I refute the payment on the 06^th September 2010. I demand that you provide unequivocal proof that such a payment was made. As of date I have only received a completely fabricated Welcome financial services Limited transactional record sent from Cabot Financial (UK) Limited.
I require the exact date of the alleged payment who ,made it and how it was made. I have bank details that I will use to refute the claim that the alleged debt is not statute barred.
Restons and its client are reminded that the onus of providing proof that the alleged debt is not statute barred fall entirely upon Cabot.

Just tidied and amended.

nem

[MIKE770]

Re: County court claim form

This OK?


Dear Sir/Madam

Regarding Ref – 3309213

I am writing in regards to your recent letter dated 18^th May 2016.

I refute the mystery payment on the 06^th September 2010. I demand that you provide unequivocal proof that such a payment was made. As of date I have only received a completely fabricated Welcome financial services Limited transaction record sent from Cabot Financial (UK) Limited.
I know the exact date of the alleged payment was, who made it and how it was made. I have bank details that I will use to refute the claim that the alleged debt is not statute barred.

spacing? done for you!