Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

[lynneburns05]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

it says Please find enclosed the following documents
Statement of Account and Notice of Assignment nothing about my original credit aggreement

[FlamingParrot]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

no not a thing they say in there letter that it is so they don't have to pursue the matter in court.

I see... so they have just sent you a letter "inviting" you to pay. How thoughtful! :lol:

Sounds like a last ditch attempt at extracting some money from you, as they've not been able to find your agreement so they know they can't really take this further. :nono:

it says Please find enclosed the following documents
Statement of Account and Notice of Assignment nothing about my original credit aggreement

Given how long it's been and how little (by the sounds of it) they've managed to come up with, I'd be tempted to write back stating intention to apply for strike out unless they see sense and decide to discontinue the claim instead.

[lynneburns05]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

I will try and get everything scanned in this week, this and other matters have made me ill so I will try and get them on here, they have not sent me the credit agreement only the 2 items I mentioned above.

[lynneburns05]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

Ok this is all the paperwork I have, on Account2 page it shows the last payment which as said before was 23/062008 and when I sent the CCA they couldn't find the account so I was not sent the credit agreement in there letter they ask for me to put in my address which I had done on the original letter twice.

[lynneburns05]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

these are the rest, couldn't fit them on with the other ones.

Thanks in advance.

[FlamingParrot]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

Ok this is all the paperwork I have, on Account2 page it shows the last payment which as said before was 23/062008 and when I sent the CCA they couldn't find the account so I was not sent the credit agreement in there letter they ask for me to put in my address which I had done on the original letter twice.

these are the rest, couldn't fit them on with the other ones.

Thanks in advance.

I think there's a maximum of five attachments per post.

The last statement of account shows last payment made in January 2009. When was the claim issued?

I see the Notice of Assignment from 2009 but no trace of any agreement so hardly enforceable just on the back of that and a few statements, still in default of your s.78 request then. :grin:

[mystery1]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

You have left account numbers, names , addresses on some of those.

The claimant is a different company to the notice of assignment. The claimant appears to have no standing (locus standi). I'd ask Mr Petrie Coe why that is and ask him if he thinks you should ask the judge to refer his statement of truth, and the fact he can have no honest belief in it's truth, to the Attorney general for potential contempt of court. It must be included in the defence too.

M1

[FlamingParrot]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

The claimant is a different company to the notice of assignment. The claimant appears to have no standing (locus standi). I'd ask Mr Petrie Coe why that is and ask him if he thinks you should ask the judge to refer his statement of truth, and the fact he can have no honest belief in it's truth, to the Attorney general for potential contempt of court. It must be included in the defence too.

The defence was filed over a year ago, this is an old claim that was stayed for a long time and only now are they supplying the documents.

Hi,
I submitted my defence basically saying I couldn't file a defence as none of the documents I requested had been supplied, so this is what I have received see attachments....... so now what do I do any advice would be appreciated.

Thanks

[mystery1]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

The defence was filed over a year ago, this is an old claim that was stayed for a long time and only now are they supplying the documents.

It should be brought up none the less.

Firm x cannot sue on behalf of firm y.

M1

[lynneburns05]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

my last payment was definately the one in 2008 for £25, don't know what ROP is, took off the account numbers etc thought I had, so what should I do ignore it or reply, sorry just don't know what to do, all this is making me ill.

thanks again in advance and for all your help everybody, especially Flaming Parrot

[lynneburns05]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

ah ok it was repayment plan thing that was sold with the credit card and according to what I have just read they have been warned about it, as it is very similar to PPI, so they used this without my knowledge, don't know if that makes a difference.

[nemesis45]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

ah ok it was repayment plan thing that was sold with the credit card and according to what I have just read they have been warned about it, as it is very similar to PPI, so they used this without my knowledge, don't know if that makes a difference.

If the ROP was not suitable for you or you feel that it was mis-sold or made a condition on getting the card reclaim the fees.

nem

[FlamingParrot]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

my last payment was definately the one in 2008 for £25, don't know what ROP is, took off the account numbers etc thought I had, so what should I do ignore it or reply, sorry just don't know what to do, all this is making me ill.

thanks again in advance and for all your help everybody, especially Flaming Parrot

ah ok it was repayment plan thing that was sold with the credit card and according to what I have just read they have been warned about it, as it is very similar to PPI, so they used this without my knowledge, don't know if that makes a difference.

Did you ever make a claim? If you have PPI you need to make a claim, it doesn't just kick off automatically.

[lynneburns05]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

No I never made a claim, I don't have any PPI only that and as it is called something different don't know if I can claim.
So do I have to answer them about paying? or do I ignore it?, and can they proceed in court? sorry probably being a bit thick.

[FlamingParrot]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

No I never made a claim, I don't have any PPI only that and as it is called something different don't know if I can claim.

I have found more info about ROP and it's actually something different to PPI, it stands for Repayment Option Plan and it's intended to freeze the credit card when you can't make payments, basically intended to protect your credit score if you are unable to pay: http://www.vanquis.co.uk/credit-cards/vanquis-repayment-option-plan

Helping you protect the Credit Score you’re working so hard to build
The one thing we can all be sure of is that life is unpredictable. Accidents, illness or unemployment can happen at any time and you may find yourself in difficult financial circumstances. That’s where Repayment Option Plan comes in; helping you stay in control and protecting the credit score you’re working so hard to build. You can opt-in to the Plan for a monthly fee.

Account Freeze
Designed to act as a safety net you can freeze your account for up to 2 years in the event of difficult financial circumstances without incurring any interest or needing to make any payments. Although you won’t be able to use your card, your account will be reported to the credit bureaux as being up to date so your credit rating is protected. Terms and Conditions apply.

Payment Holiday
Taking a Payment Holiday once a year means you can miss your monthly payment in a month of your choice, providing you with extra breathing space if you’re having an expensive month. We will report your account to the credit bureaux as being up to date. You will need to have had your account for 6 months before you can take a Payment Holiday and not have used a Lifeline or Payment Holiday in the last two months. Interest will continue to be added to your account during a Payment Holiday.

Lifeline
Once a year, if you forget to make your monthly payment we will forgive you the late payment fee and report your account to the credit bureaux as being up to date. Your account will be suspended and you won’t be able to use your card until the payment is made. You must make the missed payment before your next payment is due - the sooner you make it, the sooner you can use your card again. You will need to have had your account for 6 months before we can activate your Lifeline and not have used a Payment Holiday or Lifeline in the last two months. Late payments will affect your eligibility for a credit limit increase. Interest will continue to be added to your account while a Lifeline is activated.

So do I have to answer them about paying? or do I ignore it?, and can they proceed in court? sorry probably being a bit thick.

They can try but if you didn't make those payments then it should still be SBd, to reset the clock a payment needs to be made by yourself or someone acting for yourself, not the creditors themselves. :thumb: