Alison's UE Diary

[Warwick65]

County Court Claim Form dated October 11th received today.

Hi
I know how I felt when I received a claim- to me it felt like a punch in the stomach but really a few deep breathes and a look at the timescales you have will make it feel better.

I would answer the questions Di asked if you can. Did Niddy say the cca enforceable ? Is this the account Di has suggested it is?

I know there is help on here to deal with a claim

Good luck, if I can add anything I will pipe up, if not don't take any silence as disinterest

[nanna58]

How would you like to email the claim form to Di xxxx

[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

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 checkas 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.

Some debt purchasers will issue legal proceedings no matter what you do or say.

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?

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

Di

[RhodriMawr]

County Court Claim Form dated October 11th received today.

[RhodriMawr]

Original CreditorDebt #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.

[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.

[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

.

[Still Waving]

Sit tight.

[RhodriMawr]

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".

[Warwick65]

Personally I would say that while I don't think the DN is valid (bit of a guess as I've not seen it) it is possible they could persuade a judge one was sent. Even if that is so there are other arguments to use. Deed of assignment being one.

[RhodriMawr]

Hi Diana, Yes, the debt owner is Cabot Financial (UK). Does the Default Notice sound valid to you?

[Joanna Connolly Solicitors]

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.

^ ^ ^ ^ In which case how would they be able to prove to the court that the assignment actually took place for this specific debt if it's not referred to in the Deed

Reading back through your thread I believe that the debt owner is Cabot Financial (UK) Ltd. Is that correct?

Keep that letter from Mortimer Clarke solicitors safe.

Di

[RhodriMawr]

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.
The aforementioned default notice appears to be some kind of computer generated screenshot with the heading "Certegy Based Product Default Notice Details. There is a Roll Number, issue date,DFN letter code used,and details held on account at time of issue. There is no names or addresses.

[RhodriMawr]

Thanks for your responses. Should I send the LBA back to MC now, or run the clock down a bit? In my reply should I reference my previous return of a LBC and my request for documents which has not been complied with?

[Joanna Connolly Solicitors]

The timeline suggests that when MC received your (copy) letter of 7 June stating that a CCA request was outstanding, they would have realised that the account was UE at that time. They will since have been advised by their client that the copy agreement has been supplied, so they are beginning again at LBA step one. Seems entirely reasonable.

So you would need to do as you were previously advised and ask for the specific documents that Di laid out, when you send back the LBA questionnaire -
"Then go to Box I (where you can request documents) and ask for the Default Notice, the Notice of Assignment and the Deed of Assignment between RBS and Cabot Financial (UK) Ltd. I have a reason for stressing the importance of asking for this."

^ ^ ^ that makes sense to me

Di