Welcome Finance, Cabot, Ascent advice needed

[minnie mouse]

HI I'M WONDERING IF ANYONE CAN HELP ME ASCENT LEGAL HAVE NOW ISSUED AN ONLINE CLAIM AGAINST ME IN RELATION TO AN ALLEGED OUTSTANDING DEBT TO WELCOME FINANCE IN 2007 WHICH WAS BEEN PERSUED BY CABOT FINANCE.

I AM AT THE STAGE OF REQUESTING:
1 A COPY OF THE AGREEMENT
2 A COPY OF THE DEED ASSIGNMENT
3 STATEMENT OF ACCOUNT

I DISPUTED THIS ALLEGED DEPT AS NO ONE HAS CONTACTED ME FOR NEARLY 12 YEARS, I DISPUTED THE ALLEGED DEPT IN FULL AS I SAID IT WAS STATUTE BARRED BUT ASCENT LEGAL SAID IT WAS SECURED AGAINST MY PROPERTY WHICH I DISPUTED.
I REQUESTED THE ABOVE INFORMATION AT THE END OF FEBRUARY AND THIS IS NOW 12 WEEKS AGO AND THEY HAVE STILL HAVE NOT PRODUCED THIS INFORMATION.

I HAVE SENT THEM A LETTER SAYING THEY HAVE NOW DEFAULTED IN EARLY MARCH AS THE 12 + 2 TO REPLY TO THE CCA PLUS 4 WEEKS WHICH IN THE CONSUMER CREDIT ACT SECTION 77(6) STATES IF THE CREDITOR FAILS TO COMPLY WITH SUBSECTION (1)(a) HE IS NOT ENTITLED, WHILE THE DEPT CONTINUES, TO ENFORCE THE AGREEMENT. THERE FOR THIS ACCOUNT HAS BECOME UNENFORCEABLE AT LAW.

THEY REPLIED SAYING THEY NEED MORE TIME BUT THIS IS CAUSING ME SLEEPLESS NIGHTS SO HOW DO I REPLY TO ONLINE CLAIM TO TRY AND END THIS OR AM I BEST WAITING IT OUT.
I WOULD BE REALLY GRATEFUL FOR ANY HELP.
THANK YOU IN ADVANCE

[Diana M]

Re: Welcome Finance, Cabot, Ascent advice needed

What is the claim Issue Date (top right on the first page)?

You need to go online and file your Acknowledgment of Service stating you 'intend to defend all of the claim' but don't put anything in the "Defence" box which is easily done by mistake. The deadline for doing this is 19 days from the claim Issue Date.

Do you still own the property which Welcome says the loan was secured by?

Can you clarify the name of the Claimant (Cabot?) and the name of the solicitors instructed (Restons/Shoosmiths/Drydens?)

How much are they chasing you for?

Sorry for all the questions but it's always best to get to the bottom of things early to stop those sleepless nights

Can you post up/type out the Particulars of Claim removing anything which could identify you. That way it'll be clear what they're claiming and why they think they have the right to claim it.

Di

[minnie mouse]

Re: Welcome Finance, Cabot, Ascent advice needed

Hi thank you for you fast reply
the claim was the 6 feb 2017
i filed my acknowledgment on time and left the box empty
it is cabot but previously welcome finance
the alledged amount is over £23,000 an i do still live at the address
and its Ascent Legal who im in contact with through post only.

[Diana M]

Re: Welcome Finance, Cabot, Ascent advice needed

the claim was the 6 feb 2017
i filed my acknowledgment on time and left the box empty
it is cabot but previously welcome finance
the alledged amount is over £23,000 an i do still live at the address
and its Ascent Legal who im in contact with through post only.

Have you filed a Defence yet? I do hope so!

What's the current status of the claim?

I can see you are currently exchanging correspondence with Ascent Legal (part of the Irwin Mitchell Group) but what is the situation with Cabot who is the Claimant?

If the claim is for £23k how much was the original loan when you took it out in 2007? And would you remember if the credit agreement was headed "Unregulated Loan" or a loan Regulated by the Consumer Credit Act?

Di

[Diana M]

Re: Welcome Finance, Cabot, Ascent advice needed

he alledged amount is over £23,000 an i do still live at the address

If you still live at the address where you were when you took out the loan you should check on Land Registry to see if there is a charge on the property since they're saying it was a secured loan once upon a time.

Here's the link but be aware there's a small charge to download the document > https://eservices.landregistry.gov.u...766.1495195412

Di

[Diana M]

Re: Welcome Finance, Cabot, Ascent advice needed

I DISPUTED THIS ALLEGED DEPT AS NO ONE HAS CONTACTED ME FOR NEARLY 12 YEARS, I DISPUTED THE ALLEGED DEPT IN FULL AS I SAID IT WAS STATUTE BARRED BUT ASCENT LEGAL SAID IT WAS SECURED AGAINST MY PROPERTY WHICH I DISPUTED.

When did you last make a payment on this account/debt?

When was the loan due to expire if it had run its full length to the expiry date?

Was there PPI on the loan?

Is/was the loan in your sole name or in joint names with someone else?

Who 'sold' you the loan in the first place? Was it through a broker?

I did warn you they'd be lots of questions

Di

[minnie mouse]

Re: Welcome Finance, Cabot, Ascent advice needed

hi Di yes so many questions haha
right here we go.
I have not yet filed a defense as i am not sure what to put as it seem obvious cabot have no paperwork of this alleged load as they have had 12 weeks to produce it and have sent nothing.
so the claim is just acknowledged by myself and ASCENT said the case is on hold.

Cabot have only ever contacted me by letter through Mortimer Clark and Ascent i think only a few times in the last few years i have all of these, no one attempted to contact me for about 8 years from 2007 from welcome finance,
there was never any payments made on the alleged loan.
allegely 5 years was the term
In my name only
there is a charge on the property and i still live there
nothing on my credit files anywhere
I was approached by welcome staff member at my place of business and i did inform them that i could not afford a loan but was told not to worry about payments the cash would help my new business take off, was informed i could take the load out and put a freeze on it until i was in a position to pay.

[minnie mouse]

Re: Welcome Finance, Cabot, Ascent advice needed

hi can anyone give me a bit of advice on how i should fill in my defense to the claims online, they have not produced any documents to the alleged loan. should i just file my defense as they have had 12 weeks and produced no paperwork ??? thanks in advance

[minnie mouse]

Re: Welcome Finance, Cabot, Ascent advice needed

anyone ????

[charitynjw]

Re: Welcome Finance, Cabot, Ascent advice needed

Hi

You have said

the claim was the 6 feb 2017

@Diana M asked (a few days ago)
[QUOTE]Have you filed a Defence yet? I do hope so![/QUOTE]

If you have previously acknowledged the claim within 19 days of the claim issue date, you then have 33 days from that claim issue date to file a defence, or you risk a default judgment.
I make that to be around mid March.
Have you phoned the court to find out what is going on with this.

[minnie mouse]

Re: Welcome Finance, Cabot, Ascent advice needed

Hi Di thanks for the reply I have not yet filed a defence as I am not sure which way to go with this they have produced no documentation in 12 weeks but have said it's on hold and would give me 14 days to give my defence after they produce all the documentation I requested. I sent a letter about 4 weeks ago saying they have had 8 weeks but they are still saying they need more time for Cabot to produce what I have requested. Should I file my defence now saying they have not produced any documentation. Really don't know what to do thanks for you help in this Thankyou

[minnie mouse]

Re: Welcome Finance, Cabot, Ascent advice needed

hi any advice on my defense ? thanks

[Joanna C]

Re: Welcome Finance, Cabot, Ascent advice needed

Yes file a defence immediately as you appear to be out of time and the claimant can obtain a default judgment against you

[Peanut157]

Hi, I have just come across your thread. Would you mind telling me how things went for you, as my partner and I are going through something similar at the moment, although they haven't commenced legal proceedings yet. I am just interested to see how things turned out for you and what we might expect over the coming months.

[ostell]

This thread is 4 years old and you are unlikely to get an answer. Suggest you start a thread of your own for help rather than hijacking.