Cabot Financial (UK) Limited Via Mortimer Clarke Solicitors

[fozzy169]

Good Afternoon All,

In a bit of a sticky situation here and wondered what I can do...

Yesterday when I arrived home from work, I had a letter titled "Judgement for Claimant" in a recent dispute with Cabot Financial (UK) Ltd to the tune of £13,493.67 including court costs and solicitors fees.

Now reading through many many of your threads, it seems I should have received a claim form first giving me X amount of time to respond to this claim. I have never received such a letter (and my wife opens EVERYTHING).

Is there anything I can do to appeal this decision or ask for it to be reviewed again without it costing me an arm and a leg?

Background:

The initial agreement was with On Line Finance in April 2004 for a car - £350 per calendar month, I was made redundant 6 months later and contacted On Line immediately who were quite understanding for a month or so. We then had a conversation about them repossessing the car, which duly occurred. They advised that the car would be sold at auction and the difference between the Finance amount, less whatever they got for the car would still be payable. This was agreed by both parties.

Shortly after repossession, I received a letter asking me for the full amount owed, I declined and asked them for a bill of sale for the car showing the value that the car was sold for.

A few months later (no contact in between by either party) I logged in to the customer website to look at my account statement. It had a £0 balance. I printed a copy. (I do not have this copy now as this was over 9 years ago).

I then heard nothing for years and then in 2008 I received a letter from Cabot Financial (UK) Limited. I advised them of the situation as well as asking them for a copy of the sale of the agreement and that I wouldn't be paying £12,953 as that wasn't what I did owe and was still waiting for an accurate figure for the sale of the car, informed them I had a zero balance on my statement.

I received the odd letter here and there from Cabot (approximately once every 6 months) which I ignored as they were still asking for the same amount despite me still requesting the correct figures.

Next thing, I'm landed with the above.

Any advice would be most welcome. I've spent the last 10 years trying to build my credit rating up from that redundancy that cost me my house, my car, my credit and I don't want to jeopardise it now.

I have never acknowledge that I owe The amount they're asking for, nor paid them a penny or set up any kind of agreement.

Thanks in advance

Rich

[fozzy169]

Re: Cabot Financial (UK) Limited Via Mortimer Clarke Solicitors

Reading through the myriads of other posts, is it possible to appeal a CCJ on the grounds of being Statute Barred?

[fozzy169]

Re: Cabot Financial (UK) Limited Via Mortimer Clarke Solicitors

The more I read on these forums about Cabot or On Line Finance, the more I wished I'd never heard of them

[Ruby]

Re: Cabot Financial (UK) Limited Via Mortimer Clarke Solicitors

If you have not acknowledged the account for six years (five in Scotland) then it will be statute barred. We live and learn from our mistakes, you are not alone :tinysmile_twink_t2:

[fozzy169]

Re: Cabot Financial (UK) Limited Via Mortimer Clarke Solicitors

Thanks Ruby,

My biggest issue now is that I never received any claim form and an award to Cabot has just been issued. Looking for advice as to what to do now

[Ruby]

Re: Cabot Financial (UK) Limited Via Mortimer Clarke Solicitors

Amethyst is the best to to advise on this subject. Hopefully she will be along soon.

[fozzy169]

Re: Cabot Financial (UK) Limited Via Mortimer Clarke Solicitors

Thanks, I'll keep checking back

[Amethyst]

Re: Cabot Financial (UK) Limited Via Mortimer Clarke Solicitors

Hiya Fozzy, and Ruby xxx

On line finance must be having a field day, someone else had a claim from them this week too, I'll find a link for you.

If you get together as much information as you have, and if you can send a SAR to On Line Finance to get all the history of the debt and car sale etc. We'll need to ask Cabot for a copy of the agreement as well as this will show up the terms on voluntary termination of the agreement.

Then we'll need to apply to set aside the judgment order.

If Cabot had written to you at your current address, do you know how they managed to get the court proceedings through without you knowing - have you changed address since taking out the original loan ?

It could be an idea to give Northampton court business centre a ring and tell them you have received the judgment order but didn't receive any documents before that - and ask them to send you a form to apply to set it aside. Also ask them what address the original claim form was sent to.

Don't worry we'll help you with this as much as we can but will need to go through things first as the set aside application will need to show you have a good chance of success at defending the claim if it is restarted.

So far it sounds as though you'll have Statute Barred, Lack of Documents, and that you believe it wasn't even owed as OnLine finance had the car back and wiped the debt ....

I'll find that other thread

Regards

Sharon

[Amethyst]

Re: Cabot Financial (UK) Limited Via Mortimer Clarke Solicitors

Here http://www.legalbeagles.info/forums/...online+finance

[Amethyst]

Re: Cabot Financial (UK) Limited Via Mortimer Clarke Solicitors

Some notes of set aside applications which will be useful to read. http://www.legalbeagles.info/forums/...lication-notes

[fozzy169]

Re: Cabot Financial (UK) Limited Via Mortimer Clarke Solicitors

Thanks for the reply Amethyst,

Firstly, the car was purchased back in 2004 at an old address, when Cabot bought the debt in 2008 they had my new address as I'd seen the credit searches on Equinox many many times over the years.

I'm guessing that their solicitors had sent the documents (or whoever sends them) to my current address of 9 years but we have never seen them here and as I say, my wife opens everything (except birthday cards of course)

I read the link earlier about Cabot et al, and I also saw a thread someone had replied to showing On Line Finance had ceased trading so I'm assuming the original agreement forms from 10 years ago will be in a pile of paper somewhere in a dusty box. I certainly don't have copies from all that time ago.

I'll ring the court office tomorrow and clarify a few things. It seems the set aside is the way to proceed as you have said and has been shown in other threads.

The original default etc doesn't show on my credit record (ordered a fresh one today) and I believe that goes back 6 years?)

I really appreciate your help with this.

rich

[Amethyst]

Re: Cabot Financial (UK) Limited Via Mortimer Clarke Solicitors

Yes your credit file goes back 6 years, that it has fallen off means you defaulted over 6 years ago, however that doesn't necessarily mean it will be statute barred, as you may have made payments after you defaulted, either to original creditor or to a DCA.

SO yes get the wheels in motion with the set aside application and I would also send off a CCA request to get hold of the original agreement, if one exists.


http://www.legalbeagles.info/forums/...y-of-Agreement - CCA

http://www.legalbeagles.info/forums/...lication-notes - Set aside app notes

[fozzy169]

Re: Cabot Financial (UK) Limited Via Mortimer Clarke Solicitors

Yes your credit file goes back 6 years, that it has fallen off means you defaulted over 6 years ago, however that doesn't necessarily mean it will be statute barred, as you may have made payments after you defaulted, either to original creditor or to a DCA.

SO yes get the wheels in motion with the set aside application and I would also send off a CCA request to get hold of the original agreement, if one exists.


http://www.legalbeagles.info/forums/...y-of-Agreement - CCA

http://www.legalbeagles.info/forums/...lication-notes - Set aside app notes

I have never paid a penny to Cabot as they couldn't prove they owned the debt with any letters from Online, the last payment I made to On Line was in 2005 possible 2006.

I'll be ringing the court office after my meeting, so early afternoon.

Thanks for the advice and I'll let you know what they say

[fozzy169]

Re: Cabot Financial (UK) Limited Via Mortimer Clarke Solicitors

Does a Set Aside application cost money btw?

[Amethyst]

Re: Cabot Financial (UK) Limited Via Mortimer Clarke Solicitors

It does, either £50 without a hearing or £155 with a hearing, unless you are eligible for fee remission - which you can find out about on from EX160

Court and Tribunal fees

Fees are payable for some processes within courts and tribunals. For courts, the most common fees are set out in leaflet EX50 - Civil and Family Court Fees - High Court, County Court and Family Proceedings Courts.
Remission system

We want to make sure that access to courts and tribunals is available to all. In certain circumstances, individuals may not have to pay a fee. A system known as the remission system is available to those who would have difficulty paying a fee and meet the appropriate criteria.
Customers wishing to apply for a remission must use the following forms and leaflets.
Court and Tribunal Fees - do I have to pay them? This leaflet includes the EX160 Application for a Fee Remission Form.

Undertaking to apply for remission of a court fee or tribunal fee, or to pay a court fee or tribunal fee for emergency applications only

Fee remissions contribution calculator (Excel)