CCA response from Cabot

[Joanna Connolly Solicitors]

Had a pretty strange reply off Mortimer Clarke today.
It states about the loan was entered into in 2009, terminated 2012 , agreement number then assigned to Cabot financial (UK) ltd.

Then it notes that i state that they failed to respond to a CCA request however they had not previously received a request for documents. Bizarre as I sent Cabot a request in 2017 and they wrote back about it, took their time to find it and sent me what they had received from lloyds in june 2018....

Then the letter goes on please find enclosed a copy of the Notice of Assignment and a copy of the credit agreement which you signed. I have looked everywhere in the envelope but if these were sent they are invisible....

It continues by asking me if i require any further documentation to ask and explain why i need it.

and then finished by asking me if i now recognise the debt to fill in a IE form and they await my response.

Do i respond to this or do i just await their response to my lack of response? Do i need to point out they didn't include the notice of assignment and credit agreement as i am worried they could point to this letter and claim i received them when i didn't or does it just not matter.

Does that letter from Mortimer Clarke postdate your reply to their Letter Before Claim?

It seems to me as if it does (correct me if I'm wrong) and they are seeking to establish your legal position.

Consider whether it may be wise not to litigate through correspondence.

Di

[Warwick65]

Following on from what Di has said

It seems to me that MC are trying to get you to tell them what you would rely on in any defence - they want to know what documents they want and why. Quite frankly the why has nothing to do with them, they should know what documents they should provide and why but they are hoping you do not.

Why would you want to tell them what you want or they will need- it only gives them more time to get it.

Letter tennis as a certain person I know of calls it is not what you need to do here - if they want to issue a claim I am afraid there is little you can do about it but you are in good hands with the forum and Di

[alianza]

update,
1) received a letter from mortimer clarke noting that i had not responded to their previous request regarding income and expenditure form. Their client is keen to find out more about my financial situation and if i did not return it within 10 days then it will be referred back to their client for further instructions. Will file that and see what happens. If they ever do get to see my wage slips they will be very disappointed as a long time ago i quit my stressful yet well paid job and now am quite happy in my just above min wage yet totally stress free job.

2) think i have received the SAR response from lloyds as i have a packet to open from andover . Currently on my table and looks the size of two or three old telephone directories. When i open it what exactly am i looking for?

thx again, alianza

[alianza]

update,
1) received a letter from mortimer clarke noting that i had not responded to their previous request regarding income and expenditure form. Their client is keen to find out more about my financial situation and if i did not return it within 10 days then it will be referred back to their client for further instructions. Will file that and see what happens. If they ever do get to see my wage slips they will be very disappointed as a long time ago i quit my stressful yet well paid job and now am quite happy in my just above min wage yet totally stress free job.

2) think i have received the SAR response from lloyds as i have a packet to open from andover . Currently on my table and looks the size of two or three old telephone directories. When i open it what exactly am i looking for?

thx again, alianza

???

[cymruambyth]

Hi, sorry that you haven’t had a reply from anyone.
Point 1 just file and wait - never send an I&E; the only people who need this are the courts.

Point 2 is harder to give an exact answer! You need to go through it and see if everything appears to be there; is there a copy of the agreement? Is there a default notice? Having a DSAR is quite daunting as there is a lot of information that makes no apparent sense. You are really looking for information that could help a defence if a claim was issued. LLoyds don't always include everything plus you may find incorrect stuff - I know I did.

I hope that helps

[alianza]

Update. Have received a court claim form from county court business centre northampton. issue date is 27th Dec 2018. I know its Xmas/New year and people are busy, no doubt they timed the sending of it deliberately....Please someone respond with help and advice as this form is very confusing. Alianza

[nightwatch]

Hi, I know it's easer said than done, BUT, don't panic, as it is NYE most of us are busy at the moment and there is nothing that can be done till after New year,

so enjoy whatever it is you were going to do.

2nd Jan Contact Di by email and tell her you have a claim, she will help

Hope all goes well in the New year

Bestwishes

Nightwatch xxxxx

[Joanna Connolly Solicitors]

received a court claim form from county court business centre northampton. issue date is 27th Dec 2018. I know its Xmas/New year and people are busy, no doubt they timed the sending of it deliberately....Please someone respond

Hello

The bulk issuers tend to take advantage of the Christmas/New Year period to issue claims knowing that there's limited help available to Defendants.

Email me the first page of the claim form and the documents which you were sent by Cabot in response to your s 77-79 CCA Request sent in February 2017 using di@joannaconnollysolicitors.co.uk

I can see from your earlier posts on this thread that you were told the credit agreement was "good", but the devil is in the detail and both Lloyds and Cabot will need to have complied with all their statutory duties before they can succeed in court.

Can you just clarify when you opened this Lloyds loan, was it 2009 shortly after your now ex-wife purchased the flat abroad on her credit cards, or was it later, perhaps 2012?

Di

[alianza]

It was 2009 when taken out. I think 2012 was when she stopped paying it when she moved out, loan was in my name so i got chased for it....I will email the documents in a bit, Alianza

[Joanna Connolly Solicitors]

I will email the documents in a bit

I've received them.

Enjoy your New Year's Eve.

Di

[nightwatch]

Many thanks Di, Have a good new year xxx

[alianza]

Just to update anyone who ever reads this thread. Cabot did take me to court but the solicitors at Joanna Connolly defended me and result went in my favour. a 17k+ debt that i will not be chased for again.

[Joanna Connolly Solicitors]

Cabot did take me to court but the solicitors at Joanna Connolly defended me and result went in my favour. a 17k+ debt that i will not be chased for again.

Always happy to help

This claim was served on you on New Years Eve which is not nice, so I'm pleased it had a Happy Ending (for you not Cabot!)

Di

[julian]

Well done. Nice to tweak MCs nose.