Alison's UE Diary

[cymruambyth]

That’s great news, well done to Jo and all her team.

[Warwick65]

Just goes to show, even when it appears to the untrained eye that a debt may be enforceable (even with a compliant CCA request) things are not always as they seem. I am sure Cabot dislike Jo, but if they were confident of a win they would have gone through with it.

Well done Jo, Di and all at Joanna Connolly solicitors

[nanna58]

What afantastic result ,xcngratulations , Jo triumphs again x

[RhodriMawr]

2017
August 17th-

CCA request sent to MDR who were collecting the debt.

August 24th

-

Letter from Moorcroft Debt Recovery stating that they had forwarded my request to their client.

2018

January 20th

-

Letter from Cabot Financial UK Ltd, welcoming back to Cabot who have decided to manage the debt.

February 10th

-

Letter asking us to get in touch to discuss a payment plan.

March 14th

-

Letter contents as previous letter.

April 1st

-

Letter to remind a new payment plan needs to be in place.

May 10th
-

Letter warning of potential legal action

.

May 31st

-

Letter before claim
from Mortimer Clarke Solicitors requesting contact within 30 days

.

June 7th

-

Letter sent to Cabot and copied to Mortimer Clarke Solicitors complaining about harassment through phone calls and letters regarding the alleged debt and reminding them that I had not received a response to my CCA request.

June 22nd

-

Response from Cabot (dated June21st), enclosed was what appears to be a properly executed CCA (I will email to Niddy to check as soon as I can scan). Cabot apologised for the breakdown in their service which resulted in them not forwarding the CCA to my when they received from RBS in September. They consider the agreement is now enforceable and they are entitled to consider a CCJ and request us to contact Mortimer Clarke Solicitors to discuss options.

June 23rd

-

Letter from Mortimer Clarke (dated June 18th) , acknowledging our letter. For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can. In the meantime, the matter has been placed on hold and no further action will be taken.

25th August 2018-

Response received from MC.
Please find a copy of the original agreement, statement of account and default notice as requested. We can confirm that you have requested a copy of the Notice of Assignment, and will forward to you upon receipt. You have requested a copy of the deed of assignment. This is a confidential document between our client and the original creditor. This document does not contain any personal detail relating to you and is not available for disclosure. Our client requires the outstanding balance to be addressed. Please find enclosed an I & E form which we require you to complete and return within 14 days. If no response is received we will refer the matter to our client for further instruction.

8th September 2018

-

Further letter received from MC dated 04/09/18 noting that we not responded to previous letter asking for I & E details. "Our client is keen to find out more about your financial situation so that we can agree an appropriate & affordable repayment plan. If the I & E form is not completed within 10 days from the date of this letter, we will refer the matter to our client for further instruction".

September 18th.

Letter received from MC. Please provide a response within 14 failing which we are instructed to request a County Court claim is issued to you. This may result in a County Court judgement against you.

October 11th

County Court claim submitted by Cabot.

October 29th

Acknowledgement of service submitted.

November 12th

Defence submitted on my behalf by Joanna Connolly solicitors.

April 11th 2019 - Notification from Joanna Connolly Solicitors that

the Claimant has agreed to dismiss this claim with no order as to costs. Great work Diana & the team.

[Joanna Connolly Solicitors]

Sit tight

I agree with that.

And hope RBS assign it to a debt purchaser after you've been sent a few letters by Robinson Way.

It's already been with Wescot and Moorcroft so they'll be running out of DCAs to chase you soon

Would there have been any PPI on this account?

Di

[RhodriMawr]

Sit tight

[The Tech Clerk]

so Robbers will be in contact soon, what is your next move/thoughts/like to do?

[RhodriMawr]

Debt #2 Original Creditor
- RBS AA Credit card.
Date of Agreement
-August 2005.
Current Owner
- RBS (Managed by Moorcroft)
Debt Balance
- £1987

2017
August 23^rd
- CCA request sent to MDR who were collecting the debt.
December 27^th –
Correspondence from Wescot, who were managing the debt, acknowledging the account is in dispute and returning £1.00 PO and an attached sheet with a Halifax log and the Lloyds Banking Group, Manchester Credit Card Operation address, that I have not provided a credit card number and they cannot locate the account with details provided.
2018
February 22^nd
.

Account statement provided by RBS.
March 5^th
-

Letter from RBS stating debt collection is transferred from Wescot to Moorcroft

.
March 9^th
–

Introductory letter from Moorcroft.
April 4^th
–

Monthly instalment offer.
April 18^TH
–

Letter requesting contact is made.
June 26^th
-

Letter stating that their local representative will be making a doorstep visit to establish contact on July7th

.
June 29^th
– Letter sent to Moorcroft stating, “
that under the FCA CONC rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you or any representative of yours”.
July 7^th
– Doorstep visit carried out, letter left with I & E form.

July 13^th
–Letter received from Moorcroft, explaining reason for home visit.

September 10^th
Letter received with a CCA enclosed, will send to Niddy opinion (Niddy believes CCA is enforceable)

November 20th

Letter received from RBS stating that due to failure in agreeing a suitable repayment plan, RBS have instructed Robinson Way to collect the debt.

[Joanna Connolly Solicitors]

Original Creditor Debt #1 - RBS AA Credit card.
Date of Agreement -September 2003.
Current Owner- Cabot Financial (UK) Ltd
Debt Balance- £2585.98



October 11th County Court claim submitted by Cabot.

October 29th Acknowledgement of service submitted.

November 12th Defence submitted on my behalf by Joanna Connolly solicitors.

Thread update noted

Di

[RhodriMawr]

Original Creditor Debt #1 - RBS AA Credit card.
Date of Agreement -September 2003.
Current Owner- Cabot Financial (UK) Ltd
Debt Balance- £2585.98



2017
August 17th- CCA request sent to MDR who were collecting the debt.

August 24th- Letter from Moorcroft Debt Recovery stating that they had forwarded my request to their client.

2018
January 20th- Letter from Cabot Financial UK Ltd, welcoming back to Cabot who have decided to manage the debt.

February 10th
-
Letter asking us to get in touch to discuss a payment plan.

March 14th
-
Letter contents as previous letter.

April 1st
-
Letter to remind a new payment plan needs to be in place.

May 10th
-
Letter warning of potential legal action
.

May 31st
-
Letter before claim
from Mortimer Clarke Solicitors requesting contact within 30 days.

June 7th
-
Letter sent to Cabot and copied to Mortimer Clarke Solicitors complaining about harassment through phone calls and letters regarding the alleged debt and reminding them that I had not received a response to my CCA request.

June 22nd
-
Response from Cabot (dated June21st), enclosed was what appears to be a properly executed CCA (I will email to Niddy to check as soon as I can scan). Cabot apologised for the breakdown in their service which resulted in them not forwarding the CCA to my when they received from RBS in September. They consider the agreement is now enforceable and they are entitled to consider a CCJ and request us to contact Mortimer Clarke Solicitors to discuss options.

June 23rd
-
Letter from Mortimer Clarke (dated June 18th) , acknowledging our letter. For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can. In the meantime, the matter has been placed on hold and no further action will be taken.

25th August 2018-

Response received from MC.
Please find a copy of the original agreement, statement of account and default notice as requested. We can confirm that you have requested a copy of the Notice of Assignment, and will forward to you upon receipt. You have requested a copy of the deed of assignment. This is a confidential document between our client and the original creditor. This document does not contain any personal detail relating to you and is not available for disclosure. Our client requires the outstanding balance to be addressed. Please find enclosed an I & E form which we require you to complete and return within 14 days. If no response is received we will refer the matter to our client for further instruction.

8th September 2018 -

Further letter received from MC dated 04/09/18 noting that we not responded to previous letter asking for I & E details. "Our client is keen to find out more about your financial situation so that we can agree an appropriate & affordable repayment plan. If the I & E form is not completed within 10 days from the date of this letter, we will refer the matter to our client for further instruction".

September 18th.
Letter received from MC. Please provide a response within 14 failing which we are instructed to request a County Court claim is issued to you. This may result in a County Court judgement against you.

October 11th County Court claim submitted by Cabot.

October 29th Acknowledgement of service submitted.

November 12th Defence submitted on my behalf by Joanna Connolly solicitors.

[RhodriMawr]

Debt #3 Original Creditor
- Barclaycard
Date of Agreement
- Approx. 1995
Current Owner
– Link Financial
Debt Balance
- £11987
2017
August 18^th
- CCA request sent to MDR who were collecting the debt.
2018
March 2^nd
Letter from Wescot, requesting contact is made regarding the debt.

March 9^th
As above.
September 12^th
–Letter from Link stating they are writing to validate the address.

November 17th
Letter from Link stating that the debt was sold to IDR Finance 25/05/2012 but to date no conclusion has been reached with me on how the debt will be paid. "Although we are entitled to immediate payment of £11,146, we write now to give you the opportunity to clear the debt by monthly instalments of £111.46 per month".

[Joanna Connolly Solicitors]

Hi Di, What should we do, scan the documents and email them to you on Monday? (Don't have access to scanner till then).

Monday is fine by me.

Try to have worry free weekend in the meantime.

Di

[RhodriMawr]

Hi Di, What should we do, scan the documents and email them to you on Monday? (Don't have access to scanner till then).

[Joanna Connolly Solicitors]

I'm assuming the claim form received today is for this Cabot Financial (UK) Ltd debt issued by Mortimer Clarke solicitors for an AA branded RBS credit card from 2003?

That is Correct.

May I ask whether you sent Niddy the credit agreement you received in June to ask his opinion on whether it is enforceable?

Niddy stated that it was Enforceable.

Thanks.

The Claimant has to prove a lot more than just an enforceable credit agreement in order to win their case!

If the Claimant is Cabot Financial (UK) Ltd they will need to prove their legal status to make a claim.

My email is in my forum signature di@joannaconnollysolicitors.co.uk.

Di

[RhodriMawr]

I'm assuming the claim form received today is for this Cabot Financial (UK) Ltd debt issued by Mortimer Clarke solicitors for an AA branded RBS credit card from 2003?

That is Correct.

May I ask whether you sent Niddy the credit agreement you received in June to ask his opinion on whether it is enforceable?

Niddy stated that it was Enforceable.

Thanks.