Ah, ok - interesting. I shall stop checking every other day!

Ok...will a stay show as a status update on MCOL do you know?

Quick update on this. It has now been 38 days since my defence was received on MCOL. I have heard nothing either from the claimant or their solicitor during this time. I received acknowledgement from the court in the post that my defence had been received and was being served on the claimant. This letter was dated 23rd Feb. No new status updates showing on MCOL. Seems like they would have had their 28 days in which to proceed? Anything I can do to be pro-active or just keep checking MCOL?

Fair enough ...will go with what I have. Thanks.

Thanks You don't reckon there will be anything to pull them on regarding their Letter of Claim then? It appears they have complied in substance. I know that in terms of compliance with PAP the courts are not likely to be concerned with minor or technical infringements.

Didn’t respond to PAP letter, only started to look at situation since receiving Claim Form.

Hi thanks for your time. Will make relevant changes. In terms of PAP, they included a "statement" which merely shows the Opening Balance (as of the date they bought the account) and the balance (which is the same) as at the date of the Letter of Claim. Not sure if they need to show more details (e.g.,how the balance has actually accrued, interest/charges etc.) They have included the correct forms (information sheet, reply form etc) - although they don't specifically give an address to which to send the Reply Form. Covering letter not titled "Letter of Claim" but I guess there's nothing incumbent on them to do that? Anything else I should look out for?

Thanks. Yes, well spotted - updated my document. 2024-02-13-m-clarke.pdf

Thanks for your previous reply. A quick update prior to the defence filing deadline tomorrow. I have received no response from the Claimant regards my CCA request. No response from their solicitors regards my 31.14 request, other than a strange letter which refers to me having completed a budget planner (I have done no such thing) - I've scanned and added the letter to this post - don't think it is anything I need to refer to in defence, just seems a bit odd. Pasted my defence as I currently have it below. Would be cool if anyone can cast their eye over it. Unsure if I need to expand any on the issue of assignment (para 5 in my defence) Particulars of Claim (Text from the claim has been split into numbered paragraphs for easier reference.) 1. By an agreement between New Day RE Pulse(Amazon) & the Defendant on or around 09/02/2018 ('the Agreement') New Day RE Pulse(Amazon) agreed to issue the Defendant with a credit card. 2. The Defendant failed to make the minimum payments due. 3. The Agreement was terminated following the service of a default notice. 4. The Agreement was assigned to the named Claimant. 5. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. 6. THE NAMED CLAIMANT THEREFORE CLAIMS (1) 2630 (2) Costs DEFENCE 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on Civil Procedure Rule, s 16.5(3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has in the past had dealings with New Day but does not recall the precise details. The Claimant has failed to provide any reference number by which to identify "the Agreement" within their Particulars of Claim. 3. Paragraph 2 is denied. The Claimant has failed to give a description of "the Agreement" sufficient to identify it and allow the Defendant to properly assess their position. 4. Paragraph 3 is denied. The Defendant is unaware of any Default Notice being served. 5. Paragraph 4 is noted. 6. On the 31/01/2024 the Defendant sent a formal request under Civil Procedure Rule, s 31.14 to Mortimer Clarke Solicitors Ltd., for copies of documents mentioned or implied in the Claimant's Particulars of Claim. 7. Mortimer Clarke Solicitors Ltd. has not sent any of the requested documents to the Defendant. 8. On 30/01/2024, the Defendant formally requested a copy of "the Agreement" from Cabot Financial (UK) Limited, pursuant to section 78 of the Consumer Credit Act 1974, and included the statutory £1 fee. 9. The Claimant failed to comply with the Consumer Credit Act 1974, s 78(1) and by virtue of s 78(6), cannot enforce "the Agreement" while they remain in default. 10. The Claimant has failed to provide any evidence of "the Agreement", Assignment, Default Notice and it is therefore denied with regards to the Defendant owing any monies to the Claimant, and the Claimant is put to strict proof to: (a) Show how the defendant has entered into "the Agreement". (b) Show how the defendant has reached the amount claimed for. (c) Show that a compliant Default Notice was served upon the Defendant pursuant to s 87 of the Consumer Credit Act 1974 and that any Default notice relied upon complied with the requirements of s 88(4A) of the Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim. 11. As per Civil Procedure Rule, s 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 12. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief as claimed or at all. Thanks. 2024-02-13-m-clarke.pdf

Hi, Which Court have you received the claim from ? Civil National Business Centre (Northampton) Name of the Claimant ? Cabot Financial (UK) Limited How many defendant's joint or self ? Self Date of issue 23 JAN 2024 Particulars of Claim By an agreement between New Day RE Pulse(Amazon) & the Defendant on or around 09/02/2018 ('the Agreement') New Day RE Pulse(Amazon) agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named CIaimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. THE NAMED CLAIMANT THEREFORE CLAIMS 1. 2630 2. Costs What is the total value of the claim? £2830 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes although not sure it fully complied. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card When did you enter into the original agreement before or after April 2007 ? After 2007 Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to Cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, I received a letter from New Day about assignment. Did you receive a Default Notice from the original creditor? Unsure, don't have on in my possession. Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Unsure Why did you cease payments? Unable to afford payments. What was the date of your last payment? Circa June 2022 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Quite possibly, do not recall for sure I have some experience successfully defending a Lowell claim some years ago but nothing recently. Looking for some guidance to check that I'm on the right path/next steps and doing everything possible to help my case. I received a Claim Form in the post on 25/01/24 regarding a New Day (Amazon/Pulse) credit card. Date of the claim is 23/01/24. I had not responded to their previous Letter of Claim (I know - the Claim Form has jolted my head from the sand!) Steps I've taken so far: 1. Create account on MCOL 2. Submitted 'Defend All' AOS - 25/01/24 3. CCA'd the Claimant (Cabot) - 30/01/2024 4. 31.14'd the solicitors (Mortimer Clarke) for documents: The Agreement, Default notice and Notice of Assignment - 31/01/2024 My next task will be to prep some form of holding defence, ready to submit prior to deadline? By my calculations the defence filing date would be Sat. 24th February, so as it falls on a weekend, by 4pm on Friday 23rd? Thanks. 2024-01-23-claim-form-redacted.pdf

You're entitled to your opinion but I do not believe what I suggest to to be against the ethos of CAG. It might run contrary to your values, and that's fine. There are any number of threads on the Debt forums with posts from seasoned CAG members advocating that people bypass any moral assessment as to the legitimacy of their "debt". Just as I am saying that we may need to bend the truth on occasion, bypass any moral judgement on that in order to prevent local councils and others reaching into our back pockets.

If you cannot get them on a rock solid technicality, I have always found that coming up with a plausible reason why you were in contravention of their rules is the best tactic. A good story if you like, something which cannot be proved either way, appealing for them to be lenient on this occasion whilst apologising (local council love you to bow down) and stating you will be more careful in the future! Obviously you are past this stage in this instance but I have found the above to work on a number of occasions. I know others may be critical of you not being honest but we must do what we must do to prevent ourselves from being extorted.

There is no way I would be logging into any website on any DWP computer. There is no way I could confirm the integrity of their IT networks, or what cameras I may or may not be captured on whilst entering my password - and therefore I would politely decline. That being said, you must keep your boat on an even keel and try not to upset them too much. As others have said, record your job searches - but you can do this however you choose (I used to hand over a simple 1-2 page summary of my job search activities).

Had the following letters from Lowell re EDF: 13th June - "30% Discount on what you owe" 16th July - "50% discount offer - if you contact us by 30/07/2018" 30th July - "50% discount offer is still available until 13/08/2018" Will wait to see where they go with this next...

6. The Claimant contends that: I owe them 1793.38, from a defaulted account with Aqua. However the evidence sent to me was from Newday. Just in case you weren't aware, Aqua is the brand - credit is provided by NewDay Ltd.