Caesar UE Diary

[Warwick65]

Sounds bizarrebut it makes get just be a tactic. Don’t ask for the DN and don’t tell them. This is the second account I have heard of with multiple letters of claim.

[Caesar]

Thank you Warwick65 and nightwatch

I've checked one more time. There is no Default Notice on the papers received from Mortimer Clarke Solicitors despite I requested when I replied to the first LoC.

Warwick65 yes, it is second Letter of Claim. One month earlier they said if I don't start payments to them, they will issue a County Court Claim. And now I received a new Loc. And they keep saying that they want to work with me to avoid legal action.

[nightwatch]

Caesar
as it is a 2nd LoC for the same debt why not email Di and ask if she can point you in the right direction,
initial advice is free, di@joannaconnollysolicitors.co.uk

[Warwick65]

I get confused easily- if this is a second letter of claim for the same debt?

If it is I would ask them again for the credit agreement, notice of assignment maybe deed of assignment- they will refuse that . I wouldn't at this point ask them for the default notice, I suspect they do not have a copy of one which as I think I said could be problematic for them. Of course if you had received one I could never advise you to lie

[Caesar]

Thank you Warwick65

Cabot have not provided a Default Notice despite I requested when I replied to their LoC. Can you please advice what should I reply to the latest Letter of Claim?

[Warwick65]

Hi Caesar

So Cabot have not provided you with a copy of the Default Notice? that would mean if they could not evidence one has been sent then they might and I do stress might be in trouble.

I think most default notices these days give the right number of days service and dates, the amount due bust be by a date (and not for example '14 days from the service of this notice') As a rule it should be 18 days from the date of the letter

One thing is, some default notices get the amount due wrong. I believe it should be the amount of arrears + any amount that would be needed to get your account back within its credit limit.

I think there might be case law on this but am not sure who or where

For now stick with what you are doing

[Caesar]

Hi Warwick65

Niddy said the agreement looks dodgy and very confusing but being new it's definitely Enforceable.

Regarding the Notice of Default. There is nothing on the papers from Mortimer Clarke and solicitors, only monthly or annual statements.

As I know the Aqua account was sold to Cabot Financial (UK) Ltd and they own the account but Cabot Europe are dealing in their behalf.

[Warwick65]

Hi again Caesar

Just looking back

You have said Niddy said your agreement looked iffy - did he expand on what was wrong?

It may not be something that could defeat a claim but might be a good negotiating tactic should the worst happen.

Can you also answer the questions I asked previously. If you don't want to post the answers on the forum let me know.

[Warwick65]

Hi Caesar

There are too many pages for me to read back but just looking at your last update on this aqua debt
You sent a SAR to aqua

Did it show a S87(1) Default notice was issued, if so did it include a copy or do you have the original?

Does it show the date it was sold to Cabot and does it say which incarnation of cabot it was - do they agree with what cabot are saying, you say the debt is now owned by Cabot Financial (UK) Ltd so is that who Aqua sold it to and is the date correct?

You have a copy of the agreement and I am guessing some statements- is the interest rate on the agreement the same as the interest rate on the last statements , if not were you told about it, if you were not told about it, read the agreement to see what it says about varying the agreement.

While non of this in itself is useful RIGHT NOW, knowledge is power . If there are inconsistencies you need to know them

[Warwick65]

Sorry for the delay but I see Roger has posted a link

This is the link to the FCA register where you can search other entities as well , for example ME III who are also not licensed
https://register.fca.org.uk/shpo_sea...=3wq1nht7eg7tr

[Roger]

Thank you Roger . I won't fill in the i&e form because I will deny the debt and ask for something more. I don't want payment plan with them and I won't make any offer.

The position you want to be in is actually NOT asking for anything!
This is really where an email to Di or phone Call would be sensible.

[Caesar]

Thank you Roger . I won't fill in the i&e form because I will deny the debt and ask for something more. I don't want payment plan with them and I won't make any offer.

[Roger]

Thank you nightwatch . This is why I never do something on my own and wait for the advice from this forum. I am still a newbie and don't want to do any mistakes.

The FCA link to

Cabot Financial (UK) Limited - lapsed.

http://fca-consumer-credit-interim.f...w?accId=472690

The Letter Before Claim (LBC) is relatively new procedure I would advise asking Di here for an appropriate reply (or indeed if any reply is necessary in this Case)
Only a Judge can force you to disclose Income and Expenditure

[nightwatch]

T'is why i am here.

and not sunning myself in BARBADOS

[Caesar]

Thank you nightwatch . This is why I never do something on my own and wait for the advice from this forum. I am still a newbie and don't want to do any mistakes.