Not heard anything since so it must of worked !

Ok brill, no need to worry unless something to worry about.

so what happens now? I don't want to agree to amend. do I just get a letter for a hearing now?

Yep it does sound 100% better. Thank you for your fantastic help

Exact wording in claim form (will put exact amount on)as referenced, Cca went to Cabot in March 2015. Never contacted PRA.

1. By agreement between PRIME CREDIT 1 S.A.R L (PRC) and the Defendant on or around 5/1/02 (The agreement)

PRC agreed to issue the Defendant with a credit card upon the terms and conditions set out theirin,

2.In breach of the agreement the defendant failed to make minimum payments due and the agreement was terminated.

3.The agreement was assigned to the claimant.

The claimant therefore claims £2.5k

Is this ok for the holding defence?

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 CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request.

Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement/contract with the Claimant; and

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

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

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

4. On the alternative, if 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.

5. On the 16th March 2015 I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim.

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

I sent my CPR to Cabot but the claimant looks like Prime credit S.a.r.l (prc) would I have to amend as I ve sent nothing to prime credit and in fact I don't know who they are. I ve had nothing of cabot anyway.

This has to be submitted buy 1/5/15, thanks

Hi, brilliant you're a star. I will have a good look around and maybe get a good nights sleep !

Thanks dx100uk, is there a link for holding defence, I have not received anything from Cabot re the cca request

sorry, just reading through this thread and unless I've missed something, why are Lloyds the original creditor? I thought this was an Egg ???

That's what I thought as well, I have apex letter from 2009 with same amount and its egg card. So did lloyds take over egg?

This is reply from solicitors -

Further to your letter dated XXX

we are taking our clients instruction in relation to your request and will come back to you as soon as we can.

We confirm out client is willing to agree an extension of 28 days, for you to file your defence, pursuant CPR 15.5(2) please notify the court of the agreement.

For clarification,

the particulars of claim refered to agreement between you and Prime Credit S.A.R.L.

We have been informed by our client that the original creditor is Lloyds Bank.

This does not affect your liability to repay the outstanding balance to our client.

It would be possible for our client to seek to formally amend the particulars of claim: however we do not propose to do this.

We suggest that the parties focus on addressing the outstanding balance rather that procedural aspects.

If you take a different view, please let us know, and provide your consent fr our client to file and serve amended particulars of claim.

If you position has changed in view of the above,please let us know in 7 days the precise legal basis.

yours faithfully

Mortimer Clarke

So what do I do now.

My thoughts are they lulling me into complacency to file a defence after the time limit so the get judgement by default?

The POC is utter tosh. they want me to enter agreement to pay or consent to serve amended POC (I aint consenting anything!)

So do I file a defence saying I do not recognise this poc.

Thanks

Thanks so much for your help, it's really appreciated, cheers

Yep the last one to Cabot recorded delivery on 16th March 2015

Oh and it's not on my credit file

All done, ack done, cpr sent recorded delivery to solicitors - so sit back and wait till about day 30 to file defence about 30/4/15? To file a defence I just wait to see if anthing comes back? if nothing comes back then what - if it does see what it says and post on here?

Brill dx100uk, cpr ready to post

So I still acknowledge the claim to the court? Saying I will defend it all and send a cpr to solicitors for all the documents that they rely on

Name of claimant is – Cabot Financial (UK) Limited

Date of issue is 30/3/15

Claim is for

– By agreement between PRIME CREDIT 1 S.A.R L (PRC) and the Defendant on or around 5/1/02 (The agreement)

PRC agreed to issue the Defendant with a credit card upon the terms and conditions set out theirin,

in breach of the agreement the defendant failed to make minimum payments due and the agreement was terminated.

The agreement was assigned to the claimant.

The claimant therefore claims £2.5k

Claim is for £2.5 ish

Claim is for Credit Card

Agreement before 2007 (It was with EGG who sent it to Apex, I CCA'd them had no response about 4 or 5 years ago)

It has been purchased Original was Egg then Apex now Caboot

Only made aware it was assigned by letter from Caboot about 3 months ago

Cant remember default notice

Not been receiving statutory letters every year

Stopped paying as couldn't cope, marital split and she had ran up the debt I cant rember last payment but it was at least 5 or 6 years ago

Sent a CCA to Apex and never received reply

Informed EGG of marital split and they passed it onto Apex

I never signed anything with prime credit dunno who they are.

The 16th March to Cabot recorded delivery

Mortimer Clarke have now sent court claim form,

particulars of claims-- agreement between prime credit 1 sar and me on or around 15/1/2002

- PRC agreed to issue credit card upon terms and conditions set out herein

= in breach of agreement defendant has failed to make minimum payments due

and the ageemet was terminated.

The agreement was assigned to the claimant. The claimant therefore claims £2.5k

Help Please

Paid till October 2009 and not got anything back from cca request from apex

Cheers, will send it, is it still with £1 postal order?

I got a letter aug 2014 saying caboot dealing with it, then letter today from solicitors.

had been paying egg on 2008 the they sold it to apeax,

did the sar stuff and it all went quiet then this rose its ugly head again

now I think they don't have the paperwork and the egg agreement was unenforceable.

Any ideas what to do next?

Hi all,

got letter from Mortimer clarke saying I owe 3k on credit card,

can't remember if I do as its a while,

only started receiving letters from cabot a few weeks ago,

they want income and expenditure history,

I have no recollection nor I do not recognise the creditors prime credit 1 sarl.

Any ideas what to do?

Hi all, not been here for ages, had a good success a while back now heres this story -

Had CC from marbles,

Mrs blew the card and we got into debt (she not here anymore - no not under the patio just not with me)

I was paying a small amount to cap quest each month for the last 4 years,

then a couple of weeks ago I said [naughty word]s to this,

do I really owe them so I cancelled DD.

Im better in my head now so I can deal with it.

So I have letter on 22/6 from HL solicitors saying I owe 8.5K with an account number but to contact Capquest

and I have letter from Cap quest dated 23/6 saying I owe 10.5K with same account number.

What do you think I should do?