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MHSister

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  1. Afternoon all, I’m just scanning through the forum to try and get a feel for the what next chapter... If anyone has any experience in any way similar to our situation I would really appreciate some comments, tips and do’s or don’t’s. Some questions that are whirling around my head...Are the options from the defence binary in that it’s struck out or judgement is awarded to Cabot? If this defence is denied: 1. Will the CCJ be awarded automatically without any further defence?: a) or if further defence is permitted would my brother have to go to court as he won’t cope with that. b) in further defence is it worth setting out the MH (Bipolar, anxiety & depression) issues, Ex-Partner and coercive control & financial abuse; c) the fact he will lose his job / career which will have massive impact on his MH and I know he will be suicidal. In all of this playing out there will be no chance of them getting the money they want. 2. Is there any opportunity to ask Cabot for leniency due to MH issues and agree a payment plan without the CCJ even if underwritten / guarantor provided by me? Or are they just vile individuals with no ethical backbone or compassionate values. 3. If all else fails could we prevent a CCJ if I myself took out a loan to pay- would I have to pay the full amount plus costs or would they consider a reduced offer? thank you x
  2. All submitted as per your initial draft at 15:45hrs today. Guess I just wait now to see what arrives in the post. Thank you all for everything you’ve done for us. Massively appreciated whatever the outcome may be.
  3. Thank you again so much for sorting this for me. I am concerned about the detail in point 6 of Andyorch draft that she completed for me. 6. On receipt of this claim I requested by way of CPR 31.14 and a section 78 dated the 10th October 2020 requests for copies of any documents referred to within the Claimants particulars to establish what the claim is for within the 14 day period by way of signed for letter. The Claimant has confirmed they do not have the relevant documents at this stage and are therefore unable to enforce the agreement in court I have highlighted the bits that I am questioning... My brother sent the initial S78 ands request for other documents by 1st Class Mail to Cabot on 29th October 2020 as he received the claim forms (dated 20th October) on 28th October. we have had nothing back at all and I resent the initial CCA request and the CPR request on Thursday by signed for mail. Do I ignore that and just send the draft that Andy has provided or could I amend it as: On receipt of this claim I requested by way of CPR 31.14 and a section 78 dated the 29th October 2020 requests for copies of any documents referred to within the Claimants particulars to establish what the claim is for within the 14 day period. I further sent duplicate signed for letter chasing these on Thursday 19th November 2020. I have neither received documents nor confirmation of receipt from The Claimant that they have the relevant documents at this stage and are therefore unable to enforce the agreement in court.
  4. Is this any good? I am unsure how to end it as in...what am I asking for, more time? or set aside? I am sorry that I am so useless with this but the formality and court bits really scare me. No matter what happens do I need to load this up onto the MCOL, using defend all this afternoon by 4pm? DEFENCE The Claimants claim relates to an alleged Credit Card Agreement between the defendant and New Day Ltd (Marbles). Whilst it is accepted that the defendant has in the past had financial dealings with New Day Ltd, the defendant cannot recall with precision the alleged debt the claimant refers to. In Summary · On 28th October 2020, I received a claim form issued on 20th October 2020, by the County Court Business Centre, Northampton, for the amount of £3740. The claimant contends that the claim is for the sum of £3475 in respect of monies owing under an alleged agreement (no account or agreement numbers stated on the claim) pursuant to The Consumer Credit Act 1974 (CCA). · Contained within the claimant’s particulars, the claimant states that the account was subject to assignment from New Day Financial (UK) Ltd to Cabot Financial (UK) Ltd. There is no reference to the account or agreement numbers nor is there a date on which the account was assigned from New Day Ltd to Cabot Financial (UK) Ltd. · The defendant made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 on 29th October 2020 along with the standard fee of £1.00 personal cheque. · As of Wednesday 18th November 2020, the defendant had not received a reply. Therefore, a duplicate formal written request to provide me with a copy of my Consumer Credit Agreement was send on the 19th October 2020. This was sent by registered mail along with the standard £1.00 postal order. At this time of submission, the Defendant is not in receipt of any documentation from either the Claimant or their Solicitors. In the absence of any paperwork I am unable to provide full response / evidence. I would plead that this is considered when reaching a decision. 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 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. The Claimant has not complied with Paragraph 3 of the PAPDC (Pre-Action Protocol), failed to serve a letter of claim pre-claim, pursuant to PAPDC changes of 01 October 2017. It is respectfully requested that the court take this into consideration, pursuant to 7.1 PAPDC. 3. Paragraph 1 is noted although the Defendant is unaware of what alleged agreement the Claimant refers to, having failed to adequately particularise its claim, the particulars of claim are vague and generic in nature. The Defendant therefore sought clarification by way of a CPR 31.14 and section 78. 4. Paragraph 2 is noted. The Claimant alleges the agreement was breached and terminated following the service of default notice to the Defendant. Without knowledge of what the alleged agreement refers to I am unable to admit or deny. 5. Paragraph 3 is denied as I am unaware of any legal assignment 6. Paragraph 4 The claimant refers to the alleged debt as being " signed" I can only assume the claimant means " Assigned”. They do not plead a date or what pursuant Legislation they wish to rely upon. Therefore, the Defendant is unaware of any legal assignment or Notice of Assignment from assignor or assignee pursuant to the Law of Property Act 1925 s136. 7. On receipt of this claim I requested by way of CPR 31.14 and a section 78 dated the 10th October 2020 requests for copies of any documents referred to within the Claimants particulars to establish what the claim is for within the 14 day period by way of signed for letter. The Claimant has confirmed they do not have the relevant documents at this stage and are therefore unable to enforce the agreement in court. 8. The defendant denies owing any monies to the Claimant and the Claimant is put to strict proof to: a) Evidence how the Defendant has entered into an agreement; and b) Show how the Defendant has reached the amount claimed; and c) Show and evidence the service of a Default Notice pursuant to sec 87(1) CCA1974 d) Show how the Claimant has the legal right, either under statute or equity to issue a claim 9. As per Civil Procedure Rule 16.5(4), it is expected the Claimant prove the allegation the money is owed. 10. 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 1925 and Section 82a of the Consumer Credit Agreement Act 1974. 11. By reason of the facts and matters set out above, Should I add i. it is denied that the Claimant is entitled to the relief claimed or any relief. ii. I would ask for additional time in order that the relevant paperwork is provided
  5. So are you saying that I won't harm if I don't submit my defence by 4pm today?
  6. Thank you, I’m on to these now. Should I add to the defence the complicating factors of his MH diagnosis and vulnerability as described by his consultant psychiatrist? So in this case: -we have not seen nor found the default notice or pre-action protocol. We caN't say with absolute certainty that it wasn’t sent but that we have never received it +/- that part of his diagnosis of BAD means he won’t open mail or answer unknown numbers. N' -Debts were run up by an ex partner and hidden from him. Only when brother had suicide attempt and got into MH crisis team that the family evicted the partner and some of the debts came to our attention. -when I got my brother to reset up his credit score there was no reference to the £3700 to New Day nor to Cabot just an entry of Cabot with default and no amount nor detail showing. I’m not sure how he can default to a creditor he’s never had an agreement with. I would need to be clear that I’ve only been looking at credit file since Late September. -He will likely lose his job if this CCJ is awarded as his contract states ...(as initial post). -enclose the debt & mental health evidence form as provided by his Psychiatrist -due to above complicating factors and having not yet received the CCA or paperwork from solicitors could we please ask for more time. and last question (for now)... if this defence is denied: 1. Will the CCJ be awarded automatically? 2. Is there any opportunity to ask Cabot for leniency due to MH issues and agree a payment plan without the CCJ even if underwritten / guarantor provided by me? Or are they just vile individuals with no ethical backbone or compassionate values. 3. If all else fails could we prevent a CCJ if I myself took out a loan to pay- would I have to pay the full amount plus costs or would they consider a reduced offer? thank you x
  7. Thank you so much for helping me with this, you honestly have no idea what a difference you have made. Today, I have posted off the two letters registered signed for to Cabot and the solicitor. My brother and friend did send a letter to Cabot on the 29th October after we received the claim form and the friend knew about you which is how I ended up here. Unfortunately they did not send the letter registered post and put it into the normal 1st Class mail. I guess that’s worthless as we have no proof of sending it. I did reference it in the letters I sent today and enclosed a copy stating I was chasing the initial request. I had already registered the MCOL and ticked to say I was preparing defence / more time needed which gave us the additional 14 days. I am really sorry for asking again but I’ve been searching the forum using the spy glass icon in the top right (which I think is what you asked me to do?) and don’t seem to be able to find any guidance on the “no paperwork” or “holding defence”. Can I ask, am I doing what you advised or have I missed something. I have taken tomorrow off work from 10am to allow me time to prepare and respond to the claim before the 4pm deadline. your advice would be appreciated.
  8. Name of the Claimant? Cabot Financial (UK) Limited Date of issue 20th October 2020 Particulars of Claim 1.By an agreement between New Day Ltd RE Marbles & the Defendant on or around 08/09/2015 (the Agreement) New Day Lts RE Marbles 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 Claimant. T HE CLAIMANT THEREFORE CLAIMS 1. £3475 and 2. Costs What is the total value of the claim? £3740 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre-Action Protocol)? Unsure but I have not found anything at all, and I have opened all the post of which there were bags so I cannot say a definitive no. I can say that he nor I were aware of it Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, moved Dec 2017 Did you inform the claimant of your change of address? Yes 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? It looks like it was taken out in 2015, which coincides with the ex-Partner moving in with him Do you recall how you entered into the agreement...Online /In branch/By post? It would have been on-line as the Ex done everything on-line. My brother really struggles with verbal phone and face to face contact in the acute phase of his illness and he was off work sick during this time. Is the debt showing on your credit reference files (Experian/Equifax /Etc...)? There is no entry for New Day for the amount, but these is a smaller amount for New Day defaulted for circa £800. There is an entry on both Experian and Equifax from “Cabot Credit Management” both read “Status as of November 2020- Balance not reported (Limit: Not Reported, Monthly Change:) The account is defaulted; however, the current status is unknown. 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? Account assigned to Cabot Financial from New Day / Marbles Credit Card Were you aware the account had been assigned – did you receive a Notice of Assignment? Again, I have not found anything but as before I cannot say for sure that it was not received. It could have been binned or misplaced as the post mountain was large. Did you receive a Default Notice from the original creditor? No / unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year? No, not that I have found Why did you cease payments? He ceased payments as was served with another CCJ and his friends told him to prioritise that debt at the same time he was very very unwell and under the MH team later being diagnosed with Bipolar Affective Disorder What was the date of your last payment? September 2019 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 a debt management plan? No what question do you want answered? I want to try and help my brother get through this and get out of the debt misery. He has a very senior job in the NHS and within their business conduct which forms part of his contract he would lose his job with any insolvency, debt management plan and CCJ. We were working on a defence for his initial CCJ which he got last summer as I hope they would take into account he has 30 years unblemished service and the Psychiatrist has completed a ‘Debt and Mental Health Evidence Form’ and he has been really supportive and helpful. I can’t really see another way out without a debt management plan but again unless someone tells his employer they are unlikely to find out. Obviously the CCJ is public and I guess that anyone with an axe to grind (ex-partner) could cause trouble. Sorry for going on but I am desperate to help him as I know that in normal health, he would not have dreamed of running these debts up. Should I send a CCA request and other letters as advised under the stick post about action to take for CCJ and should I send all of these recorded delivery today? at last. I removed all of the hyperlinks from the original that I had copied
  9. Dear All, I am seeking urgent advice and then some general advice about debt & mental health. My brother has recently been diagnosed with Bipolar Affective Disorder following a MH crisis and suicide attempt not helped by huge debts (that none of us were aware of). He had a CCJ pack sent that I’ve been trying to help him with but it’s proving difficult with the lockdowns & pandemic. I’ve gone into money claim online website and checked the more time needed box (14 days) but the deadline is fast approaching. The form was issued on 20th October and we received it 28th October which was beyond the 5days ‘allowed’. I know 100% that the form took 8 days as part of his illness means he ignored all post and we fitted an external mailbox that only we have the key to. We also have given him a pre-pay card and I’m controlling his bank account at the minute. His psychiatrist has written a report on “mental health and debt evidence form” to help us negotiate with creditors and has specifically stated that he has no doubt that his untreated Bipolar will have resulted in the debts. I don’t even know what’s his or not. To add he was in an abusive relationship with a younger man who we now know was exploiting his illness and vulnerability by taking out loans and credit cards. It took family and friends to step in to evict him. We were not aware of all of the debt until recently. He had a CCJ issued at start of this year which went all the way to attachment to earnings that one of his friends got set aside agreeing payments that are way more than he can afford. This pending CCJ will really harm him. If either come to his employers attention he will lose his job as a clause to his contract specifically states zero tolerance to “bankruptcy, IVA and other arrangements with creditors” 1. is there anyone can help with response to the pending CCJ as I’d like to try my best to prevent it and if it’s his offer up a monthly payment plan. 2.Is there any merit in going back to the company from the first CCJ asking if we can lower the payments. 3.Is there any guidance or suggested templates to start to look into his other debts before any of them go to a CCJ. Very happy for a response to point 1 as I’m worried the CCJ will be served judgement default
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