TRAVELBOI - Cabot/MC - HP with British Credit Trust

[travelboi]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

Hi
so I haven't received anything off either Mortimer Clarke or Cabot.

cabot signed for my letter on the Monday 30th jan that I sent recorded.
i sent te letter to Mortimer Clarke on same day but I can't see that they have signed for it? Any ideas?

Is the 12+2 days working days of are weekends included?

[travelboi]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

Ok help please
received letter today off mc saying account on hold whilst they get the documents....what next?

[charitynjw]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

Ok help please
received letter today off mc saying account on hold whilst they get the documents....what next?

The court timetable & deadlines are paramount.
If they have not agreed to a 28 day extension (included in the LB forum CPR request example), & if they have not discontinued the claim, you will need to submit your defence on time.

Is the 12+2 days working days of are weekends included?

As previously posted a number of times, working days.

[travelboi]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

Ok thankyou.
so I thought mc had 7 days to provide the cpr documents? Are they ok to put the account on hold whilst they get them?
sorry if I'm sounding thick!

i think my defence is needed very soon, the date on the claim was 24th jan so I'm planning on doing it on Friday.

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Ps still nothing off Cabot, they signed for my letter on the 29th jan - the CCA request

[MIKE770]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

they can put on hold anything they want BUT not court procedures - ignore the on hold, they hope you believe them and they get a CCJ by default i.e. you belive them and do not follow court request etc

[travelboi]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

Great thanks for quick reply
do you know what section of CCA I put in defence for hp ageeement

[travelboi]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

1: I received the claim XXXX from the Northampton County Court on 24/01/2017

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be fora loan agreement regulated under the Consumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


5. The Claimants statement of case states that the account was assigned from British Credit Trust to Cabot Financial (UK) Limited, with no date provided. The Defendant does not recall receiving notice of this assignment.

6. It is denied that British Credit Trust served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

7: On the 28/01/2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors. I requested the Claimant provide copies of the Agreement, Termination Notice and Notice of Assignment

8. Mortimer Clarkehas not sent any of these documents to me.

9. On the 28/01/2017I sent a formal request for a copy of the original agreement to Cabot financial (UK) Limitedpursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with section 77 (1)Consumer Credit Act 1974 and by virtue of section 77 (4) Consumer Credit Act 1974 cannot enforce the agreement.


11. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

12. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

13. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

14. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

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so is that all I put for the defence on the Mcol website?

[travelboi]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

hi again

filed my defence on friday.

i have been doing some digging and have come accross some old emails regarding this account.
i sent for a copy of the agreement back in 2011 and they sent it me by email - british credit trust did. i queried at the time as they only sent me 2 pages of the 4 page agreement.
they also sent me a statement of the account which i have on email listing a total of £1006 in charges for letters and the vehicle reposession.
the closing balance on the account was £3946 - £1006 of that was fees having paid £6767 off. I still have that on email too.
I queried the fees at the time but never got any response (have thee emails still too)
so I'm hoping that if cabot do get hold of the paperwork then they only get the 2 pages also.
if it were to go to court could I do anything about the charges?
there are also repossession fees included, which they would of had to do through court to repossess the vehicle - which they didn't.

sorry if that all sounds confusing.

[travelboi]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

[MENTION=3599]MIKE770[/MENTION]

[pt2537]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

hi again

filed my defence on friday.

i have been doing some digging and have come accross some old emails regarding this account.
i sent for a copy of the agreement back in 2011 and they sent it me by email - british credit trust did. i queried at the time as they only sent me 2 pages of the 4 page agreement.
they also sent me a statement of the account which i have on email listing a total of £1006 in charges for letters and the vehicle reposession.
the closing balance on the account was £3946 - £1006 of that was fees having paid £6767 off. I still have that on email too.
I queried the fees at the time but never got any response (have thee emails still too)
so I'm hoping that if cabot do get hold of the paperwork then they only get the 2 pages also.
if it were to go to court could I do anything about the charges?
there are also repossession fees included, which they would of had to do through court to repossess the vehicle - which they didn't.

sorry if that all sounds confusing.

Good morning, you say you have made a section 78 request in the defence, has Cabot replied? if so , have they sent the complete agreement?

[travelboi]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

No they haven't replied at all.

i asked BCT for a copy of agreement in 2011 and they sent me only 2 pages of it, so am hoping that's all they have.
also a statement of account with £1006 on charges for letters and repossession fees, although the car was never repossessed

[travelboi]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

Help please

received a letter today off Cabot saying that my account is assigned to MC for collection and therefore they cannot action my request under s77-79 of the CCA. They have also returned the £1 postal order and say I should liase with MC on the matter?!

Confused.com

[Diana M]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

received a letter today off Cabot saying that my account is assigned to MC for collection and therefore they cannot action my request under s77-79 of the CCA. They have also returned the £1 postal order and say I should liase with MC on the matter?!

There's nothing you need to do in reply to that letter from Cabot.

You sent a valid s. 77-79 CCA Request to them including a £1 postal order for the statutory fee.

They have acknowledged receipt of your request by sending you that letter with your postal order enclosed. If they want to return it to you that's their business but it won't effect any legal non compliance issue with your request.

Have you sent a SAR to the original creditor (sorry I haven't read back through your thread tonight)?

Di

[travelboi]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

Hi Diana

thabks for the reply.
i haven't sent a SAR to BCT no, but I did email them previously a few weeks ago requesting when I made the last payment.
They emailed me a statement showing all the payments, and over £1000 in fees. This included the vehicle repossession fees twice as well as £600+ of letter charges. The vehicle was never reposessed.

the only communication I have had from MC was a letter saying my account was on hold whilst they request the docs from Cabot. I since filed my defence on the 17/2.
then I got the letter today off Cabot just saying that MC are dealing with the collection of the account with the £1 postal order back

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When you say it won't affect any legal non compliance - I take it that is good for me?

[Diana M]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

i haven't sent a SAR to BCT no, but I did email them previously a few weeks ago requesting when I made the last payment.
They emailed me a statement showing all the payments, and over £1000 in fees. This included the vehicle repossession fees twice as well as £600+ of letter charges. The vehicle was never reposessed.

Send them a SAR pronto.

Di