Monthly payments affordable

[barlos1973]

Hi. Just wondering if I admit to a debt ( Mortimer Clark have sent a court claim) what is the protocol for the amount you have pay back monthly. I've done a check and after my expenses etc could afford just £10 a month. Do the courts generally agree to what the person can afford as per the budget/income form. Or will they demand far higher?
I will offer I one of payment in hope Mortimer will accept this, rather than get paid monthly for the next 10 years.

[DE DOGS]

The Court will make the payment on what you are able to afford. Have you checked that all their information is correct Vis the CCA application? Default notice.Signed copy of the original agreement.

[barlos1973]

Thank you for your reply DE Dogs.

I did ask for a copy and they have sent a copy of the original agreement it would appear. It is not signed by me, but if I think I applied online so not sure if it needs a signature?. Have attached a copy of this.
Not sure what a Default Notice is sorry.

[Matty B]

If you admit it, you will get a CCJ.

Can I ask roughly how much it is for?
What is it for?
Did you ever get a default notice?

Frankly I think you might as well fight it, they have added the costs on anyway but it is your decision. Do not over offer but when doing your I&E think about what is reasonable against what you put down- for example do not put £100 a month for mobile phone or Sky TV as the court might well say- get rid. Don't want to sound like a MSE member here but be sensible.If for example you pay a lot in petrol because you commute- explain that.

[barlos1973]

Hi Matt. The original loan was for 8000 but it had 1900 left and I lost my job etc.

I would fight but not sure on what grounds. Asked for the agreement copy, which they provided but has no signature.

[barlos1973]

Hi. Just checked all my documents I have. No Default Notice. Oddly enough there is no mention on my credit file of any default etc.

[Matty B]

Hi Matt. The original loan was for 8000 but it had 1900 left and I lost my job etc.

I would fight but not sure on what grounds. Asked for the agreement copy, which they provided but has no signature.

Sorry might be my bad but was it a credit card? If it was and there is no default notice they are in trouble.

Might be worth a DSAR to the original lender to see what they have

A default notice is a statutory notice demanding full payment and giving you a date. If it was a fixed term loan and they want you to repay early, I think they need a default notice but maybe someone with legal training can tell you that.

[barlos1973]

Hi Matt. Feeling very desperate now and angry. My friend was on the phone to Mortimer and what horrible people. She suffers from anxiety and then asked the person if I could speak and that she gives me the athourity. Totally refused and said it had to be in writing.
When questioned about the Default Notice he sisd he would look into it. He then started to say because it's been a long time Lloyd's may not have this (also the CCA - which he must have forgotten we have received. However ofcourse pretended that would may no difference. When she asked him about a settlement without prejudice he just kept on saying its too late they can't stop it etc ( even though its the same company)

The money was a loan and not a credit card.
As I mentioned before oddly enough there has never been any default on my friends credit file....
What do you think is the legal position if no Default Notice is available.

Thanks

[echat11]

When was the loan taken out?

a) You can Acknowledge of Service online via MCOL, (deny to all) that will give you an extra 14 days to file your defence, so that's 14 + 14, 28 days (plus 5 days postal) from the date on the claim form, make a note in your diary.

b) Answer the following questions, copy and paste back onto thread (without personal details).

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

c) Send the CCA request, make sure you get Proof of Postage -

https://legalbeagles.info/library/gu...etter-example/

d) Send the CPR 31.14 request, make sure you get Proof of Postage -

https://legalbeagles.info/library/gu...-of-documents/

[barlos1973]

When was the loan taken out? 2007 December

a) You can Acknowledge of Service online via MCOL, (deny to all) that will give you an extra 14 days to file your defence, so that's 14 + 14, 28 days (plus 5 days postal) from the date on the claim form, make a note in your diary.

b) Answer the following questions, copy and paste back onto thread (without personal details).

Received a claim? Yes/No: YES
Issue Date: 28/03/2023
Have you Acknowledged the Claim?: NOT YET
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) 2200
Claimant’s Name: CABOT
Solicitors Firm: MORTIMER CLARKE
Original Creditor: LLOOYDS
Original Debt (eg. Credit card/Loan/Overdraft) : LOAN
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): By agreement between Lloyd's bank and the Defendant on or around 28/11/2007 (the Agreement) Lloyd's Bank agreed to loan the Defendant monies. The Defendant did not pay instalments as they fell due. The Agreement was terminated following service of a Default Notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited acting as service agent of the named Claimant through its Appointed Representative (Cabot Financial Europe Limited) has arranged for these proceedings to be is sued in the name of the Claimant. THE NAMED CLAIMANT THEREFORE CLAIMS 1. 2000. 2 Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No last paid December 2017
List any letters you have sent (eg: CCA/ CPR ): CCA
Any Other Information or Background Details:

c) Send the CCA request, make sure you get Proof of Postage -

https://legalbeagles.info/library/gu...etter-example/

d) Send the CPR 31.14 request, make sure you get Proof of Postage -

https://legalbeagles.info/library/gu...-of-documents/

[echat11]

Acknowledge of Service online via MCOL.

See what documents they send after you make the requests (do they comply?), update the thread so help can provided with your defence. You need to get your Defence in before that date, so that 14 + 14 days from the date on the claim form (5 days postal) Update the thread so help can be provided for your defence.

[barlos1973]

Thank you ECHATT.


Would really love to beat them, not only due to money but the way these vultures go after people who are down.
If they have not issues a Default Notice will we have some defence?

[echat11]

Thank you ECHATT.


Would really love to beat them, not only due to money but the way these vultures go after people who are down.
If they have not issues a Default Notice will we have some defence?

Yes, but ultimately it's down to the Judge / Court, the documents they send need to be checked for errors.

Don't do anything with the example Defence yet, although you have most of the information already.

https://legalbeagles.info/library/gu...-court-claims/

[Matty B]

I notice you said the claim was served 28th March 2023. Is that correct? If so, it may well have already gone before a judge for judgment but you could still try to log onto MCOL , acknowledge and put in a basic defence stating No CCA, No DN issued as per the claim.

Was that date of 28th March correct?

[barlos1973]

Hi.

The issue date of the court papers are 26th April and papers received 28th April. Sorry got the month mixed up.
I will be logging on MCOL tonight after work.

Thus far I get a feeling they do not have a copy of DN. I have asked them on the phone and the person was very vague stating that it's been a long time and companies don't keep all records.
Can we have an extension for the court in order for the DC to provide this. What happens if they don't provide before court hearing/date.

Thanks