mortimer/Cabot Claimform Citi loan sold to Moneyway.***Claim Discontinued***

[AndyOrch]

Why what happens at 17.00 this evening?

[57alan0]

Why what happens at 17.00 this evening?

 

That's when Cabot customer services close - according to their letter yesterday - it's back me into a corner really. Perhaps that's what they wanted.

[AndyOrch]

That's when Cabot customer services close - according to their letter yesterday - it's back me into a corner really. Perhaps that's what they wanted.

 

The same date as your defence is due....remarkable coincidence....submit your defence irrespective...then negotiate if you wish...the defence will add more leverage to your efforts.

[57alan0]

Have you time to read through my threads please and if so what would the main defence be? As now I'm spinning and in panic mode. Thanks.

[AndyOrch]

You must submit your Defence on time regardless of whether you have had the paperwork back or not.

 

I've been watching similar threads and am on the case.

 

I thought you had it in hand...you have had 33 days to prepare?

[57alan0]

I thought you had it in hand...you have had 33 days to prepare?

I thought I had until the letter yesterday - still waiting for CPR stuff but that will probably be in the hall when I get home.

[AndyOrch]

You never wait and rely on responses to CPR or CCA to draft a defence...invariably they never respond...which leaves you zero time to respond.

[57alan0]

You never wait and rely on responses to CPR or CCA to draft a defence...invariably they never respond...which leaves you zero time to respond.

Anyone available this eve to advise please as it's all or nothing apparently.

[The Mould]

Can you scan in and post up a full copy of the agreement on which the Claimant relies please, redact personal details.

Check your own records/paperwork for the agreement to see if you have a default notice therein and if you do, scan that in also please.

When you found yourself in financial difficulties did you communicate this to the original creditor and if yes, were any new or temporary agreements set up whereby you paid a reduced amount each month towards the debt and, again, if yes, did you honour any such new or temporary agreement but the original creditor sold (assigned) the agreement during this time?

Kind regards

The Mould

[AndyOrch]

I will be on later Alan and we can sort an appropriate defence.

 

Regards

 

Andy

[57alan0]

Thanks Andy your'e a star.

[AndyOrch]

Particulars of Claim

 

1.By an agreement with Moneyway ("MNWY") & the defendant on or around xx/04/2007 ("the Agreement")

MNWY agreed to loan the defendant monies under the terms & conditions set out therein.

 

2.In breach of the Agreement the Defendant did not pay the instalments as they fell due & the Agreement was terminated.

 

3.The agreement was assigned to the Claimant on xx/08/2011.

 

THE CLAIMANT THEREFORE CLAIMS £1500 plus Court/Sols fees

 

Defence

 

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 Moneyway.I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

3.Paragraph 2 is denied I am unaware of what account the claimant refers to nor ever recall receiving any Default Notice pursuant to the CCA1974.

 

4.Paragraph 3 is denied I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the LoP1924

 

5.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

© 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 77 request 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 77 request and remain in default and with regards to my CPR 31.14 request.

 

 

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.

 

 

Check for accuracy and edit to suit...then copy and paste into MCOL and print receipt of submission as proof.

 

Regards

 

Andy

[57alan0]

Here are the 5 pages of the agreement sent to me by Cabot 15/03/2014 there was also a full statement from secure bank trust.

[57alan0]

Also of great interest is a final notice before default letter dated 04/11/2010 (I cannot recall seeing a default letter) but my credit file shows defaulted on 18/08/10 ??

[57alan0]

Are these too small?

[The Mould]

Are these too small?

 

 

 

Yes, sorry, can you pdf them please?

 

 

Kind regards

 

 

The Mould

[57alan0]

here goes

[The Mould]

Thank you Alano

 

 

Will post again soon.

 

 

Kind regards

 

 

The Mould

[The Mould]

Well Alano,

That agreement appears to be properly executed.

You should be aware that judges take no liking to a Defence in a money claim under a regulated agreement that is constructed of nothing other than a bare denial.

It appears to me that you do not have a valid Defence.

Good luck with this matter.

Kind regards

The Mould

[57alan0]

What about the discrepancy with the default dates - does this count for nothing?

[The Mould]

If the contents of the default notice do not satisfy the statutory conditions of ss. 87 & 88 of the CCA 1974 (as amended in your case as the agreement is dated the latter end of April 2007) then the creditor is not entitled to enforce the agreement. This would bring an end to this present action.

Is the default notice in your case invalid?

Different default dates on your credit reference files will not invalidate the Claimants’ claim.

If I am able to help you (or any other) then I will, in this regard the contents of my last post here was simply to warn you that if you go to the trial on a bare denial of the pleaded case against you, the Court will come down very heavy on you and this is a situation that would be most unpleasant for you, and one which I would not wish upon anyone, further, Defending without any grounds to Defend will also cause you to incur further liability for the Claimants’ costs.

Is there anything that you can think of that would help me to help you to prepare a Defence that will defeat the Claim, reduce your liability for the claim or defeat this present action of the Claimant?

Kind regards

The Mould

[57alan0]

Unless the claimant can prove when the default was applied to the account - I believe I have kept all paperwork and do not have this document only the one I have produced and this is a notification before default.

 

I did make an offer of payment (£800) back in April 2012 but this was rejected - There has been an offer of discount of up to 30% in September 2013. - clutching at straws now I know.

 

Thanks

[The Mould]

Well it's not so much as clutching at straws, you are entitled to a fair hearing so that you have reasonable opportunity to put your case against the Claimants' claim.

 

 

Putting the Claimant to the strictest proof that he served a valid default notice on you is a valid argument, however, as you are not in possession of that notice it will be difficult to argue that it is defective and therefore invalid.

 

 

It is up to you, you can file the holding Defence and when the Court serves directions on the Claimant, hope that he is unable to comply and this may result in him discontinuing or applying for a stay or entitle you to apply to have his claim struck out.

 

 

It's a gamble and you can make him work for his claim and if he is able to substantiate the same with documentary evidence after you have filed your holding Defence, you can always contact him to negotiate a settlement to the matter.

 

 

Godzilla

 

 

Kind regards

 

 

The Mould

[57alan0]

point taken - I have to file my defence by midnight and so what else can I do?

[57alan0]

Well that was fun - trying to post my defence and got

To respond to a claim online, enter your claim number and defence pack password below. You'll find them both in your 'response pack' that's been sent to you in the post. WHAT RESPONSE PACK.