Cabot / Mortimer Claimform - old halifax credit card 'debt'

[Big Shoooz]

Hi,

 

Due to ill health, I gave up work several years ago and

 

at the time I was dealing with my debts through a DMP.[payplan]

 

Since not working, I had to reduce my repayments and then eventually stop them altogether.

 

this has caught up with me and

 

I have now received a County Court claim form from Cabot / Mortimer Clarke Solicitors

for an old Halifax credit card debt.

 

I have somewhat buried my head in the sand over the past year or so

and have become very lax in reading DCA letters.

 

I really have no idea if I have ever received notice of assignments from Halifax

or a letter before action from Cabot.

 

I really can't afford to repay this debt of over £2000

and the worst thing is that there are many more debts waiting in the wings to go the same way.

What is the best and first thing I should do now?

 

Should I apply for proof of the debt and all the statements, etc

and if so, how do I deal with the Claim form and will this put the claim on hold for a while?

 

Sorry if I sound silly and confused but my head is spinning with this

I've never been in this situation before.

 

Many thanks in advance for any advise you can give.

[dx100uk]

is this the amazon card?

 

dx

[Big Shoooz]

I wish I knew!!

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(2-Viewing)-nbsp

 

please fill out the above.

 

is this on your credit file? too

 

dx

[Big Shoooz]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(2-Viewing)-nbsp

 

please fill out the above.

 

is this on your credit file? too

 

dx

 

Hi,

I think it is an Amazon credit card as I don't recall having a Halifax one, even though I did have a Halifax current account.

I suspect it's on my credit file since I missed payments.

I really can't complete the info you are asking for right now without delving through lots of paperwork.

I can tell you the agreement was pre 2007.

I just wondered what would happen if I ignored the claim and was issued with a CCJ? Would I be able to pay just £1 per month and what would happen if I then ceased payment?

TBH, I have that much debt with no means of paying that I could do with being made bankrupt by a creditor because I can't afford to do it myself but what I don't want is for bailiffs to turn up at my door to take my possessions.

[dx100uk]

don't ignore it.

 

you need to get your act together

 

if you had no other halifaxcard

then it must be the amazon one you have numerous threads on already here.

 

your credit file will tell you the details i'm sure.

 

please fill that link out as best you can

 

dx

[Big Shoooz]

I have answered the questions as best as I can. My answers are in blue font as follows:-

 

Name of the Claimant ?

Cabot Financial (UK) Ltd

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

17 June 2014

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)

 

What is the claim for

– the reason they have issued the claim?

Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

By agreement between Halifax & the defendant on or around April 2006

HLX agreed to issue the defendant wth a credit card upon the t&c’s set out therein.

In breach of the agreement the defendant failed to make the minimum payments due &

the afreement was terminated.

The agreement was assigned to the claimant on Aug 2012.

The claimant therefore claims £2265

 

What is the value of the claim?

£2450

 

Has the claimant included section 69 interest (8%)within the total claim or is it shown separate within the Particulars but not added to the debt?

They have shown amount claimed £2265 plus court fee £105 plus Solicitor costs £80 giving a total amount of £2450

 

Is the claim for a current or credit/loan account or mobile phone account?

Credit card

 

When did you enter into the original agreement before or after 2007?

Before 2007

 

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 was assigned to Cabot

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Yes

 

Did you receive a Default Notice from the original creditor?

I must have but can’t locate it

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

Not sure, will need more time to check

 

Why did you cease payments:-

No income

 

Was there a dispute with the original creditor that remains unresolved?

No but if I deduct interest and unlawful late payment charges then the debt could possibly be reduced somewhat

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

They knew I was in a DMP for several years until even that became too much for me to manage and I ended it

[dx100uk]

don't forget to ack the claim on MCOL after registering.

 

send Mortimer Clarke a CCA request

 

and the correct CPR 31:14 from the legal section of the green library tab up top left

 

request:

 

NOA

default notice

agreement

default notice

 

think that's correct

 

DO NOT SIGN THE LETTERs

 

dx

[Big Shoooz]

I've actioned all of those things now. What can I expect to happen next?

[dx100uk]

you do nothing more for now

 

there is nowt you need to send them.

 

no paperwork...then they'll lose or withdraw

 

go read some threads here

 

dx

[Big Shoooz]

Thanks DX. So

 

do I use non-compliance as my defence?

 

What happens if I receive the CCA & CP31.14 docs late but still in time for me to put my defence forward??

 

Also, can you direct me to some threads to give me an idea of what could happen next? Thanks

[dx100uk]

that's why you don't file defence until p'haps the day before

you can do it online too.

 

dx

[Big Shoooz]

that's why you don't file defence until p'haps the day before

you can do it online too.

 

dx

 

Ah right, "when do I file defence" was going to be my next question so thanks for answering already!

So do I now just sit tight and do nothing for now?

Sorry for all the questions but this is a new experience for me

[dx100uk]

time to go read other threads in this forum.

 

dx

[Big Shoooz]

time to go read other threads in this forum.

 

dx

 

Thanks, but I don't know where to start looking! Can you give me any pointers please?

[dx100uk]

this forum where your thread is

and all other claimform ones are.

 

 

dx

[Big Shoooz]

I'm going to defend a County Court Claim I have received from Mortimer Clarke / Cabot

but I just need to check a couple of things since this is the first claim I have ever received.

 

The date of issue is 17th June so am I right in thinking that I need to defend it by 20th July?

 

If so, does that mean I have to file my claim online on 20th July or on 19th July?

 

I have sent a CCA and CPR31-14 request but so far received nothing back

so I'm hoping nothing will turn up in tomorrows post either

and will then use this as my defence..

 

..would this be accepted as a defence?

[dx100uk]

two threads merged

 

please keep to ONE THREAD

 

ref this claim.

 

dx

 

you need to file the holding defence by midnight tomorrow Saturday.

 

you can do so online at the mcol site as like the AOS you have already done.

[Big Shoooz]

Thanks. So is my defence based on non receipt of the requested docs (ie, non-compliance therefore debt unenforceable)?

[dx100uk]

solely on non return of docs

putting them to strict proof to supply them

you need nowt about unen at this stage.

 

lots of threads here where andyorch details such a defence

 

dx

[Big Shoooz]

solely on non return of docs

putting them to strict proof to supply them

you need nowt about unen at this stage.

 

lots of threads here where andyorch details such a defence

 

dx

 

Ok DX, thank you. How would I word that in my defence? Just pure and simple English or in a legal term way?

What usually follows situations like mine? Would I have to attend court at some stage for this?

[Big Shoooz]

Hi,

Sorry to pester but since I need to defend the claim today can you please advise me on my last post?

Thanks so much

[AndyOrch]

You need to view the surrounding threads to yours BS....they wont come to you:wink:

 

Regards

 

Andy

[Big Shoooz]

Hi Andy & DX,

I'm trying to find info from other threads before I post because I know you are too busy to help each individual

 

but it's a case of "can't see the wood for the trees" as there are so many threads,

 

some of which aren't as advanced as mine and some of which are for different types of claims.

 

I'm not being lazy and expecting you to tell me what to put in my defence word for word

 

but I just need a bit of guidance.

 

Perhaps there is one thread you can link me to that would answer all my questions?

 

I really do have a real bad concentration problem and get easily confused with all the legal terms and jargon (due to my illness I'm afraid)

and this is the first time in my life I have been in this situation.

[AndyOrch]

Particulars of Claim

 

1.By agreement between halifax & the defendant on or around April 2006 HLX agreed to issue the defendant with a credit card upon the t&c’s set out therein.

 

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

 

3.The agreement was assigned to the claimant on Aug 2012.

 

The claimant therefore claims £2265

 

 

 

Have they referred to an account number or have you removed it BS?