Experian shows default date as 1/4/2019. I don’t know how.

I’m not sure how that can be.

Had a response today.

they say the date of default is April 2019 and therefore the debt is enforceable.

I have poured through my bank statements and I cannot see any payments past that previously stated…

am I now stuck? All advice gratefully appreciated.

So offering an amount in full and final settlement (which I sent in June this year) doesn’t constitute acknowledgment of a debt?

I just want to be sure I’ve understood correctly and explained myself fully.

No, nothing that says that. 
Have I not reset a clock by communicating with them and making an offer of settlement?

Hello all

you have previously assisted me.

I have received letters from Lowell to my new address - chasing an Argos card account that I allowed to default (I got myself into a bit of a situation - I buried my head in the sand and allowed my gambling addiction to be what drove me for some time. No one’s fault but myself).

I did a CCA request as I thought they might not provide the information - except, they did!

so, I responded to this by making a full and final settlement offer…

They have said they will leave me alone for 30 days but have asked me to confirm source of funds for this offer.

the last payment I made was November 2016.

so, have I erred monumentally? 

ready for the feedback…

Yes, was received.

Sitting on my hands has never been a strong point.

I’ve read some other threads, rather my understanding of some of the language is not tremendously good.

Thank you for your help.

Morning.

Had no response to any info request at all, other than a letter saying information had been requested as it wasn’t currently held. Given that 28 days have passed, next step is to approach the court, I believe? Or should I be allowing some extra time for any post to arrive, given COVID?

MCOL still shows we are at the defence stage in the recent transactions box.

Thank you for your advice.

As advised.

I can’t thank you enough.

1.By an agreement between New Day Ltd RE Aqua & the Defendant on or around 21/03/2014 (the Agreement) New Day Ltd RE Aqua 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. The Claimant therefore claims £2539.88 and 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 allegation to which a specific response has not been made.

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 the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

1. Paragraph 1 is noted. I have in the past had financial dealings with New Day Ltd RE Aqua. I do not recall the precise details of the agreement and have sought clarity from the claimant.

2. Paragraph 3 is noted, however, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.

3. Paragraph 4 is noted, however I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.

4. On receipt of this claim I sent CPR 31.14 and section 78 request. The claimant did partially comply but failed to provide a valid copy of the agreement and therefore remains in default of said request.

5. It is therefore not accepted 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 an agreement ; and

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

c) Show or evidence service of a Default Notice/Notice of Sums in Arrears,

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

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.

Ok. That’s done.

now to file

many thanks 

So this is good to submit?

thank you

1.By an agreement between New Day Ltd RE Aqua & the Defendant on or around 21/03/2014 (the Agreement) New Day Ltd RE Aqua 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. The Claimant therefore claims £2539.88 and 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 allegation to which a specific response has not been made.

1. Paragraph 1 is noted. I have in the past had financial dealings with New Day Ltd RE Aqua. I do not recall the precise details of the agreement and have sought clarity from the claimant.

2. I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.

3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.

4. On receipt of this claim I sent CPR 31.14 and section 78 request. The claimant did partially comply but failed to provide a valid copy of the agreement and therefore remains in default of said request.

5. It is therefore not accepted 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 an agreement ; and

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

c) Show or evidence service of a Default Notice/Notice of Sums in Arrears,

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

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.

Ah. Ok.

So add that point in and that is ok to submit?

thank you for your help.

I can’t donate a lot but will pop a few pennies in.

I really don’t recall seeing one. My sister went through the house a while ago - I’d have hoped she wouldn’t have thrown any unopened mail away. This worries me. Am I up the creek?

I don’t recall seeing one - but that’s not a stone cold guarantee one didn’t arrive.

Does this look better?

thank you.

Particulars of Claim

1. By an agreement between New Day Ltd RE Aqua & the Defendant on or around 21/03/2014 (‘the Agreement’) New Day Ltd agreed to issue the Defendant with a credit card.

2.The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice.

3.The Agreement was assigned to the Claimant. The Claimant therefore claims 1. 2539.88 2. costs

total 2724.88

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

2. Paragraph 1 is noted. I have in the past had financial dealings with New Day Ltd. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

3. I can’t ever recall receiving any Default Notice, Notice of Assignment or ever having being approached pre litigation with regards this alleged debt.

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14, 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 how the Claimant has the legal right, either under statute or equity to issue a claim;

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request.

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

7. 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.

8. 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.

So change agreements to financial dealings.

Mention no default notice received.

Remove NOSIA?

Thank you so much for your help and advice.

I can see there’s a mistake relating to Paragraph 2 being mentioned - will fix.

Morning dx,

Does this look ok?  Any advice gratefully received as always.

Particulars of Claim

1. By an agreement between New Day Ltd RE Aqua & the Defendant on or around 21/03/2014 (‘the Agreement’) New Day Ltd 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 Claimant. The Claimant therefore claims 1. 2539.88 2. costs

total 2724.88

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 New Day Ltd RE Aqua for credit card services.

2 Paragraph 2 is denied, I have no recollection of ever receiving a Notice of Assignment over 4 years ago 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 12th January 2021 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. 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’m going to write defence tonight. I just don’t know what I’m going to write. 

from what I can see I’m going to have to make an admission, aren’t I? And that will lead to a CCJ against me?

any help gratefully received.

Had a CCA return letter - we don’t have that information on file. We have contacted the credit card company to get copies of the original agreement and annual statements etc.

defence date is coming soon. 

AOS is done

will read up. 

Ok.

Letters prepared to be sent recorded tomorrow am.

Will revisit thread pending responses from those letters and any further advice.

Thank you so much for your help to date.

Thank you for your advice. I’ll get onto that now.

Although, there’s a point I am not understanding, for which I apologise - you mention the filing of a defence...but I’m not aware of what defence I may have? I really hope I don’t come across as stupid for asking.

thank you

Hi

As suggested, please find details below. Some answers are not in red unfortunately. My formatting skills are not the greatest.

Thank you in advance for your help and advice.

Name of the Claimant ? Cabot Financial

Date of issue –  29 December 2020

Particulars of Claim

What is the claim for –

1.By an agreement between New Day Ltd RE Aqua & the Defendant on or around 21/03/2014 (the Agreement) New Day Ltd RE Aqua 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. The Claimant therefore claims £2539.88 and costs.

What is the total value of the claim? £2740
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? 
 

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? No

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 (Experian)
 

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 (Cabot, through Mortimer Clarke)
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure, not via email, certainly.
 

Did you receive a Default Notice from the original creditor? Unsure - not via email, certainly. Although Particulars of Claim suggest I have.
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not via email, certainly.  
 

Why did you cease payments? I had a gambling addiction - I would blow all wages bar my rent in a day or two from payday. Hate myself for it.
 

What was the date of your last payment? Jan 2017
 

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, I did communicate problems. They froze interest.

Hi all.

I won’t waste your time with a long preamble. I spent many years dealing with a gambling addiction - ignored bills, countless letters, phone calls etc.

Anyway, I recently discovered I have a CCJ. That’s not good at all, I know. I’ve not been at my mum’s house (trying to protect her from COVID) and discovered the letter about that last month.

I’ve also had papers in relation to another claim for an old Aqua credit card, that were sent on the 29th Dec. I spoke to someone from Mortimer Clarke today about this claim. I’m keen to avoid another CCJ on my record. The debt is £2.7k. They are saying that if I can clear it in 3 months I won’t get this CCJ.

I’m really worried about the impact of these CCJs.

I know these consequences are a result of my actions (inactions?) but I just wanted to ask if there was anything else I could do to avoid this second CCJ other than sell a kidney? I live pay packet to pay packet, with no savings or assets.

Thank you