Dave VS Cabot Financial (UK) Limited

[DaveTheRave1999]

Re: Dave VS Cabot Financial (UK) Limited

I never sent a SAR to LLoyss as i kept everything they have sent (Stacks of paper at least 50 trees worth) As far as i can see the Default notice is the same and sent on same date the copy of the agreement is the same im assuming they (Lloyds) still had it all to give them when they went back to them with my request. I suppose i should now have to amend my defense and accept i owe the debt but im tempted to prolong this as i would rather fight til the end with them than to hand them the lube and bend over. Any suggestions other than arranging the smallest payment plan possible/ Ignoring them and telling bailiffs where to go.

[charitynjw]

Re: Dave VS Cabot Financial (UK) Limited

Your mission, should you choose to accept it, is to closely compare the documentation which has been sent with that which you already have in your possession. You are looking for any & all anomalies. You cannot bring the originals to court, as that would be akin to shooting yourself in the foot.
This post will self destruct in 5 seconds.
Good luck, Dave.

[Amethyst]

Re: Dave VS Cabot Financial (UK) Limited

If you really don't want the CCJ and can't see a defence in the documents, then you could look at negotiating with Cabot for a Tomlin order to keep the claim on hold while you make repayments until it's all paid off... or a full and final of course ( I haven't read everything back so have no idea as to your circumstances - only that you really don't want a CCJ )

I can't see the whole credit agreement - as that signature page refers to terms presumably that's the 50 odd pages... but there should be a sheet with the basic credit card terms & interest rates etc headed Credit Agreement Regulated under the Consumer Credit Act 1974....

Any PPI or that Sentinel Card Protection taken out on the card ?

[DaveTheRave1999]

Re: Dave VS Cabot Financial (UK) Limited

no PPI or Sentinel protection was taken out on the card but it was for the loan i had with Lloyds (i got that repaid back) Yes i have that sheet with the basic credit card terms it matches the original i believe. I will double check to find any anomalies if any and ill post if i can find any. Thanks for all your help so far everyone.

[Diana M]

Re: Dave VS Cabot Financial (UK) Limited

The claim is currently stayed.

You've had a letter from Mortimer Clarke which doesn't make a lot of sense to me.

It says that "a County Court Claim was issued a claim on 05/01/2017" but you already know that because you've dealt with it

It then says you should "reply to the court via the documentation they have provided". You already know that too since you filed your AOS which was part of the Response Pack (i.e. the documentation provided by the court).

It then says if you don't do that (file your AOS?) within 14 days they are "instructed to request judgment". Well that ship has sailed since you've not only filed your AOS but you've also filed your Defence (about six months ago ). So a Default Judgment (CCJ) is not an option anymore.

Maybe they were using the wrong template letter.

From what you say they've also sent you some documents. Lots of them. But I see no mention of a Default Notice. Was there one produced by them because they'll need that?

I can also see that you haven't/didn't ask for disclosure of the DN in your CPR 31.14 Request because it wasn't specifically mentioned in the POC. Maybe the DN wasn't mentioned in the POC because Lloyds didn't issue/serve one?

I also notice that you refer to PPI in your first post. Your last post says it was for the loan only not the credit card but your first post implies different. If there was PPI are the Ts & Cs and/or any policy details for that PPI included in the fifty pages of documents sent? In order to comply fully with your CCA Request they must provide any documents referred to in it (s.18 Multiple Agreements). So have they?

That big envelope has spooked you, that's why it was sent - to scare you into settling.

The claim is stayed so if they want to proceed then they must pay to lift the stay and then since you've filed a Defence you should be sent a Directions Questionnaire as the next step in these legal proceedings.

On that DQ you will be given an opportunity to tick "YES" to free telephone Mediation so you can settle that way if both parties agree. Any Mediation settlement is not a CCJ.

Think about all your options before you throw in the towel and make an offer to settle with a Tomlin Order before they apply to lift the stay.

I haven't seen the paperwork so I have no idea whether they have got you cornered not. The absence of a DN is worth noting. If you'd sent for your SAR you'd know whether that problem could be remedied by them.

Di

[Amethyst]

Re: Dave VS Cabot Financial (UK) Limited

http://legalbeagles.info/forums/show...007#post738007
Quote: As far as i can see the Default notice is the same and sent on same date




Sorry phone is pants at square brackets

[DaveTheRave1999]

Re: Dave VS Cabot Financial (UK) Limited

They have sent me a directions questionnaire now so I don't know what to do any help will do.

[Amethyst]

Re: Dave VS Cabot Financial (UK) Limited

Have the court sent you a blank Directions Questionnaire for you to complete - or have Cabot send you a copy of their completed one ?

If the court have sent you a copy you will need to complete it and return to the court, sending a copy to the claimant's representatives ( Mortimer Clarke) as well.

That's taken quite a time so presumably the case was stayed after you defended ? and the claimants have requested a lift of the stay ?

Have they provided any documents in the meantime ? ( other than the stuff you got back from your SAR to the original creditor - anything from the claimants on your CCA/CPR 31.14 requests ? )

[DaveTheRave1999]

Re: Dave VS Cabot Financial (UK) Limited

The stay is lifted this is from the court. I have not received anything other than letters looking for me reply to the docs they sent end of June that was the Agreement and notice of assignment I've buried my head in the sand as I think I'm going to lose the case and be forced to pay them in the end

[Amethyst]

Re: Dave VS Cabot Financial (UK) Limited

Okay so time to pull head back out the sand, now Christmas is out the way, and have a look at what you can do to avoid a CCJ.

You have all the original documents to compare against ( apologies I thought you'd got docs back from a SAR not the CCA/CPR requests - but you have now and there's no anomolies ) - so what the claimant has sent you all looks to be in order and everything is there so really you're back at this...

On that DQ you will be given an opportunity to tick "YES" to free telephone Mediation so you can settle that way if both parties agree. Any Mediation settlement is not a CCJ.

Think about all your options before you throw in the towel and make an offer to settle with a Tomlin Order .

Have you done an income and expenditure sheet so you know what is affordable long term that they might be likely to accept without the security of the CCJ ( a Tomlin/Consent order can give them security that if you breach the terms ( stop paying ) they can go back for judgment - then look at enforcement --- but keep a CCJ off your file )

Diana is likely to have more thoughts.

[DaveTheRave1999]

Re: Dave VS Cabot Financial (UK) Limited

I have not done income expenditure have not thought on that as yet will fill 1 in if this is the best way to go I doubt they will accept if they don't then I suppose the judge will decide how much I'll have to pay.

[DaveTheRave1999]

Re: Dave VS Cabot Financial (UK) Limited

It might sound stupid but what would happen if I just denied ownership of original account with Lloyds or amend my defence and say that irresponsible lending was to blame for default and seen as it's unsecured credit I'll tell the enforcement agents to jog on would either option work better than settling? Thanks for all your help so far

[Amethyst]

Re: Dave VS Cabot Financial (UK) Limited

I have not done income expenditure have not thought on that as yet will fill 1 in if this is the best way to go I doubt they will accept if they don't then I suppose the judge will decide how much I'll have to pay.

Just complete an IE sheet for your own use so you know where you are at financially and how much could be affordable if you offer to pay monthly installments. If you can't get an agreement with the claimants and you really don't believe you have a defence then yes you could ask the court to order monthly installments.

[Amethyst]

Re: Dave VS Cabot Financial (UK) Limited

It might sound stupid but what would happen if I just denied ownership of original account with Lloyds or amend my defence and say that irresponsible lending was to blame for default and seen as it's unsecured credit I'll tell the enforcement agents to jog on would either option work better than settling? Thanks for all your help so far

Not stupid, just a little bit irrational as you're having a panic.... the claimant has sent you the agreement / assignment and default notice which evidences you have the account ( plus you have all the original documents and know it is your account ). Once there is a CCJ the debt is 'secured' by that CCJ and enables the claimant to apply for enforcement - you couldn't just tell the enforcement agent to jog on, well you could, but it'd just ramp up costs and cause you a shed load of stress - you're much better off getting a negotiation going before any court hearing while you still have eggs in your basket/ball in your court etc.


Did you look into whether there was any PPI on the account as Diana suggested ?

[DaveTheRave1999]

Re: Dave VS Cabot Financial (UK) Limited

Can I ammend my defence and still win? Say that the original creditors pushed the credit on me and default was inevitable or say it's unsecured credit so I'm not going to pay. I don't think I can do anything other than begrudgingly agreeing a payment plan if I can do anything else please let me know