I have today received a claim from Northampton issued by Cabot in respect of a Marbles credit card which fell into arrears some months ago.

Without boring everyone with my life story and the reason I am in financial turmoil but I got into the payday lending trap last year, struggling to find work and wasnt able to pay my credit cards and so earlier this year stopped paying.

I did write a letter but never had a reply just started getting DC letters which I ignored and now they have issued a claim.

I am shocked to be honest at how quick Marbles assigned the debt to Cabot.

Advice on how to proceed would be greatly appreciated.

What have you recieved before the claim?

Did you recieve a letter of claim with a pack before the claim?

Also cabot dont chase enforceable debts, so theres something already amiss.

They also would have sent multiple letters previously before hand.

Its what they do, spam you will all kinds of letters pretending to help you out.

Have you changed address since you took out the credit card?

Someone will be along shortly with a link so you can give more specific info to help deal with the claim.

Right now though, go to mcol using the claim pack number and password and acknowledge service.

Submit the ack and exit mcol. You then have more time to work on a defence.

Please complete this

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

Name of the Claimant CABOT FINANCIAL (UK) LTD

Date of issue – . 30 AUG 2018

Particulars of Claim

1.BY AN AGREEMENT BETWEEN SAV CREDIT RE MARBLES & THE DEFANDANT ON OR AROUND --/--/2017 (THE AGREEMENT) SAV CREDIT RE MARBLES AGREED TO ISSUE THE DEFENDANT WITH A CREDIT CARD.

2.THE DEFENDANT FAILED TO MAKE THE MINIMUM PAYMENTS DUE & THE AGREEMENT WAS TERMINATED.

3. THE AGREEMENT WAS ASSIGNED TO THE CLAIMANT.

4. THE CLAIMANT THEREFORE CLAIMS £400

2. COSTS

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) NO

What is the total value of the claim? £400

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

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

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

Did you receive a Default Notice from the original creditor? I THINK SO

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO ITS ONLY BEEN A MATTER OF MONTHS RATHER THAN YEARS

Why did you cease payments? FINANCIAL PROBLEMS

What was the date of your last payment? CANT REMEMBER

Was there a dispute with the original creditor that remains unresolved? SORT OF

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? SENT A LETTER EXPLAINING PROBLEMS. NO RESPONSE.

pop up on the MCOL website detailed on the claimform.

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register as an individual

note the long gateway number given

then log in

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select respond to a claim and select the start AOS box.

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then using the details required from the claimform

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defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

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get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

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get a CPR 31:14 request running to the solicitors

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type your name ONLY

no need to sign anything

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you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

Thank you dx100uk, I am on it now!.

Just a quick question, it says on the template pursuant to section 77/78/79 delete as appropriate. Which one is relevant to my case please?

Also, when doing the CPR request, what documents am I asking for?

Many thanks

Both are explained in the other posts of each clicked link

Defend the claim as advised.

Ok, I have done the CCA & CPR request which I will send off tomorrow. What actually is my defence?

wont be too far removed from your other old claimform thread that needs updating with a result too.

but it also depends upon what they do/don't disclose before hand.

when was your last payment?

what does your credit file say?

https://www.consumeractiongroup.co.uk/forum/showthread.php?488352-Cabot-Mortimer-Claimform-SAV-Credit-RE-Marbles-card-debt&p=5144720#post5144720

worthy of a read.

is this mortimers?

Hi dx100uk, yes Mortimers are the solicitors. What info do you want from Credit Report?

By the way, CCA and CPR letters sent today recorded.

Hi. Just thought i would post and say im in the exact same situation as you lovetobake. Perhaps you want to checkout my story so far and see if its any help to you.

From what I can see, The account was opened at the beginning of last year. Payments were made up to and including January of this year and the account is showing as defaulted in February so pretty much soon after the first missed payment. Doesnt seem like fair play to me.

Hi jennaroopup, yes please, could you send me a link to your thread?

already in post 11

Hi all,

I sent off the CCA request and the CPR request and have had a response back from Mortimers.

Letter reads:

We acknowledge your request for documentation pursuant to CPR 31.14.

CPR31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our clients instructions.

I am guessing this may be a standard delay tactic letter but I dont have any documents at all.

What should be my response please.

Many thanks

none

std response if you go read like threads here

you did do [AOS] on mcol site too ?

don't miss your defence filing date no matte what happens or not

Ok dx100uk, thank you.

Could you please confirm what date my defence needs to be in by please, I am not sure how long I have.

Just to confirm, I did acknowledge claim on MCOL just as you instructed if that is what you mean.

I really have no idea at the moment what my defence is to be honest. I know that if the CCA doesnt come back I can add that but apart from that I have no idea.

If I dont reply back to Mortimers advising them I need all documents, they wont send me anything, will that not go against me?

Sorry for all the questions. I have been trying to find other cases similar to mine but apart from your link earlier in the thread I dont seem to be having much luck.

Thanks for your help dx100uk, its really appreciated.

go read the link in post 3

it tells you how to calculate the date.

the link to a thread in post 11 has a suitable defence

but don't file it yet.

post it up here for checking nearer to your filing date.

the letter you have just got is not really important enough to even mention..std rubbish

Just an update on this thread.

I have requested CCA and CPR right at the beginning of this and apart from a waffle letter re CPR as mentioned above, nothin has materialised.

My defence is due in by this coming Tuesday so I am going to go ahead as suggested by dx100uk and use the defence mentioned. I will post it here later and would be grateful if someone could give it the once over before I file it.

its due Monday by 4pm [claimform date is 1 in the count]

sure post it here

:jaw:Thank you dx100uk, i'd better get on it then.

Please find below my defence that I need to file by tomorrow 4pm.

I would appreciate if you kind people could check and let me know if it is ok or if I need to add or amend.

Particulars

1.By an agreement between SAV Credit RE Marbles & the defendant on or around xxxxxxxx (the agreement), SAV Credit RE Marbles agreed to issue the defendant with a credit card.

2.The defendant failed to make the minimum payments due & the Agreement was terminated.

3.The agreement was assigned to the Claimant.

THE CLAIMANT THEREFORE CLAIMS xxxxxxx

1. The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

Defence

2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre- Action Protocol). They failed to serve a letter of pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

3. Paragraph 1 is noted. I have in the past had financial dealings with Marbles. I am unaware of what alleged debt the claimant refers to having failed to adequately particularize its claim.

4. Paragraph 3 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined to provide any evidence of assignment/balance/breach requested by CPR 31. 14, the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show and evidence the breach and that a Default Notice was issued pursuant to Sec87.1 CCA1974;

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have declined to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request. Therefore, the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and failure to comply with Pre- Action Protocol should be considered when the question of costs arise.

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Many thanks all

LTB