Pank
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Cabot/Mortimer Claimform - Old LLoyds Credit Card
Pank replied to Pank's topic in Financial Legal Issues
I had a look on the Claim website. My defence etc has been recorded but no paperwork from the solicitors is in there. If the solicitors have sent any paperwork to the county court would that be registered in the same area I can see? -
Cabot/Mortimer Claimform - Old LLoyds Credit Card
Pank replied to Pank's topic in Financial Legal Issues
Hello Everyone, I have received this today. Any comments? Does anyone thing they will have a go again? Many Thanks -
Cabot/Mortimer Claimform - Old LLoyds Credit Card
Pank replied to Pank's topic in Financial Legal Issues
I have submitted my defence. Thank you again. I will keep you posted. -
Cabot/Mortimer Claimform - Old LLoyds Credit Card
Pank replied to Pank's topic in Financial Legal Issues
Thank you all you lovely people. You are life savers -
Cabot/Mortimer Claimform - Old LLoyds Credit Card
Pank replied to Pank's topic in Financial Legal Issues
sorry just added my answer to my last post dx. I never received a letter of claim -
Cabot/Mortimer Claimform - Old LLoyds Credit Card
Pank replied to Pank's topic in Financial Legal Issues
Would this be a suitable defence? I have never filed one before. Thankful for any pointers. Thanks Everyone Particulars of Claim 1.By an agreement between LLoyds Banking group and the Defendant on or around 06/03/2013 ('the Agreement,) Lloyds banking group 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 the Claimant. THE CLAIMANT THEREFORE CLAIMS 1.5945.76 2. Costs THE CLAIMANT THEREFORE CLAIMS 1.5945.76 2. Costs 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 accepted, I have in the past had agreements with Lloyds Banking Group credit card services. 2. Paragraph 2 is accepted, I have in the past had some payments that where delayed. 3. Paragraph 3 is denied, I have no recollection of ever receiving a Default Notice 4. Paragraph 4 is denied, I have no recollection of having received a Notice of Assignment over nor ever been approached with regards to any alleged debt. The claimant has failed to issue any Notice of Sums in Arrears or statements since the alleged assignment and is therefore prevented from seeking relief pursuant to the CCA2006 amendments. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and (c) show evidence of service of Notice of Sums in Arrears (d) 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. If I understand this correctly, then this stays in, as they are apparently the assignee according to the NoA. 5. On the 18th February 2021 I made a legal request by way of a CCA request to the Claimant. The Claimant has so far failed to respond. I have also requested information pertaining to this claim by way of a CPR 31.14 request to clarify its claim - the Claimant has failed to respond. 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 never received a letter of claim -
Cabot/Mortimer Claimform - Old LLoyds Credit Card
Pank replied to Pank's topic in Financial Legal Issues
Would this be a suitable deffence? I have never filed one before. Thankfull for any pointers. Thanks Everyone Particulars of Claim 1.By an agreement between LLoyds Banking group and the Defendant on or around 06/03/2013 ('the Agreement,) Lloyds banking group agreed to issue the defendant with a credit card. 2.The agreement was terminated following the service of a default notice. The agreement was assigned the Claimant. THE CLAIMANT THEREFORE CLAIMS 1.5945.76 2. Costs 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 accepted, I have in the past had agreements with Lloyds Banking Group credit card services. 2 Paragraph 2 is denied, I have no recollection of ever receiving a Notice of Assignment over nor ever been approached with regards to any alleged debt. The claimant has failed to issue any Notice of Sums in Arrears or statements since the alleged assignment and is therefore prevented from seeking relief pursuant to the CCA2006 amendments. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and (c) show evidence of service of Notice of Sums in Arrears (d) 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. If I understand this correctly, then this stays in, as they are apparently the assignee according to the NoA. 5. On the 18th February 2021 I made a legal request by way of a CCA request to the Claimant. The Claimant has so far failed to respond. I have also requested information pertaining to this claim by way of a CPR 31.14 request to clarify its claim - the Claimant has failed to respond. 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. -
Cabot/Mortimer Claimform - Old LLoyds Credit Card
Pank replied to Pank's topic in Financial Legal Issues
Hi Guys, I am writing my defence today. Does anyone have any good pointers? I have not received any reply to any of my letters that I send recorded delivery. I sent a CCA to the claimant and a cpr to the solicitor. has anyone written a good defence that worked for them? Many Thanks -
Cabot/Mortimer Claimform - Old LLoyds Credit Card
Pank replied to Pank's topic in Financial Legal Issues
looks like last payment was 2018 January -
Cabot/Mortimer Claimform - Old LLoyds Credit Card
Pank replied to Pank's topic in Financial Legal Issues
This is what it says Opened: 06 Mar 2013 Credit limit: £0 Defaulted date: 03 Aug 2018 Last updated: 02 Feb 2020 Debt Assigned to CAIS Member The lender has sold the debt to another member of our information-sharing scheme. The old account will have been closed and a new active account will show in the name of the lender who has bought the debt Date Notified:01 Feb 2020 -
Cabot/Mortimer Claimform - Old LLoyds Credit Card
Pank replied to Pank's topic in Financial Legal Issues
Name of the Claimant ? Cabot Financial UK Limited, 1 Kings Hill Avenue, Kings Hill, West Malling, Kent Date of issue – 03 February 2021 Particulars of Claim What is the claim for – 1.By an agreement between LLoyds Banking group and the Defendant on or around 06/03/2013 ('the Agreement,) Lloyds banking group 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 the Claimant. THE CLAIMANT THEREFORE CLAIMS 1.5945.76 2. Costs What is the total value of the claim? 6455.76 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? no 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 ? no Do you recall how you entered into the agreement...On line /In branch/By post ? post 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? do not recall Did you receive a Default Notice from the original creditor? not sure Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? no Why did you cease payments? cant remember What was the date of your last payment? dont know 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? yes What you need to do now. -
Cabot/Mortimer Claimform - Old LLoyds Credit Card
Pank replied to Pank's topic in Financial Legal Issues
Hello, it is a N1 clim pack from Northants county court business Centre cheers -
Hello, The credit card was according to the Court papers taken out 6/03/13. The payments where not kept up and the debt was sold to Caboot. Caboot have used Mortimer Solicitors in Scotland. I have no memory of this card but it is possible that I had one. Can someone tell me or confirm if my thinking is correct. Caboot have to produce the credit agreement in court if I contest? I am thinking of replying that I do not owe this dept. If I do, what would happen next? Has anyone had any dealings with Caboot/ Mortimer Solicitors that could help me? Are Caboot allowed to pursue me for this debt? Any help would be great.
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Hi, I work 30 hours a week. I have just been given a £500 annual pay increase. When I asked HR what my annual salary is now they have added the £500 to what my full time annual salary would (based on a 40 hour week) be so I in fact only get an increase of £400. Is that standard practice? Why tell me my increase is £500 per annum when it is not? Can they do this? I know it is only £100 put it p*sses me off. Many Thanks
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Hello, I park on a daily basis at Bicester North station. I buy a monthly parking ticket every month. In the month of July I completely forgot for some reason. At no point did I receive a ticket on my car to notify me that I did not have a valid Parking ticket. I received no parking fine notices on my car during this period. The month of August I bought a monthly parking ticket again. I have now just started to receive parking ticket notices in the post that I have been parking at the station without a valid ticket. It shows a photo of my car going in to the station and a photo of my car leaving the station. There are 20 tickets for the whole month of August @£50 per ticket going up to £85 per day if I do not pay within 14 days. OUCH! Having walked around the station there are no signs or notices up anywhere that I can see that this is what is happening now. Forgetting to buy a ticket was a genuine mistake and I have copies of att the other 38 months I have bought a monthly ticket. I appealed to APCOA in Sheffield. They sent me a standard letter for every single parking notice individually rejecting my appeal and to pay up. the fact that they sent me 20 letters back speaks volumes to reply to my one registered post letter. Is this legal, don't they have to stick something on my car to alert me? APCOA also advices me that if I appeal the fine will automatically go up to £85 per ticket regardless of time frame. Any advice please? Many Thanks
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Hello Again, I have had a notice of arrears for the past couple of years but no demands for monies. When they start asking me for monies what documentation should I be asking for? Many Thanks
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OK Great, thank you.
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Sorry for the late reply. This is what I have received. It does not seem to have anything official as such. Thank you for your help guys DOC163.PDF
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I see. How do I find out if this has happened?
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Hello, If a debt is passed from a credit card to a collections agency. Can the agency take you to court for a debt that was not accrued with them? I seem to remember there is some kind of loop hole wit this but I may be wrong. Does someone know? Many Thanks
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Sorry, Indv and Small Business Compliance, HM revenue and Customs BX9 1LE.
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