Cabot/Mortimer claim forms received...Claim 1

[j3lly]

I have recieved 3 claim forms this morning, claimant for all 3 is Cabot, they are all catalogue debts.

 

I do know about these debts but I'm unsure about the balances.

 

I sent cca requests, at first I recieved letters from cabot saying they still hadn't the documents I requested and they will continue to request them from the original lender and until such time my account will remain on hold

 

Then I recieved a letter saying here's the information now pay us.

It says enclosed with this letter:

*reconstitued true copy of credit agreement

*statement(s) of account

*terms and conditions

 

The agreement & t&c were as expected but the statement from which I was hoping to see how much was made up of charges wasn't a statement at all just a print screen of the opening balance owing to Cabot & the interest they have since added not a statement of the original account.

 

After some letter tennis I still hadn't recieved any statement i wasn't sure how much I actually owed so I made them a full & final offer but for only half the amount they were asking for. This was declined.

 

The account was then passed to FIRE then marlin. I didn't contact either.

 

Then last month I got a letter from Mortimer Clarke solicitors saying they had been instructed to start court proceedings if I fail to make payment. Tbh it wasn't headed letter before action it didn't look serious enough for immediate attention so was filed with the rest of the letters about the account.

 

Then this morning claim forms arrive. Issue date 30 June 2014

 

I know I owe something I just don't know how much, is it worth defending and asking them to supply me with statements or is it to late to dispute charges etc should I just pay up?

[honeybee13]

Hello there.

 

If you mean court claim forms, could you look at this stikky and give us the answers so the guys can help you, please?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**%281-Viewing%29-nbsp

 

HB

[j3lly]

Claimant: Cabot financial (uk) limited

 

Date of issue – 30 June 2014

 

Particulars -

By an agreement between jd Williams t/a simply be

("Spb") & the defendant dated 06/03/2008 ("the agreement") Spb agreed to issue the defendant with a credit account upon the terms & conditions set out therein. In breach of the agreement the defendant failed to make the minimum payments due and the agreement was terminated. The agreement was assigned to the claimant on 13/01/2012. The claimant has complied with sections III & IV of practice direction - preaction conduct

The claimant therefore claims:

1. 271

 

value of the claims - £346

 

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? There is no mention at all of section 69 interest

 

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

 

When did you enter into the original agreement before or after 2007? After 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. Claim issued by Cabot original creditor jd Williams

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Was aware yes and think I remember a notice of assignment but don't have copy anymore

 

Did you receive a Default Notice from the original creditor? I can't remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I recieved 1 from Cabot this year have not had one before this

 

Why did you cease payments:- redundancy

 

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 through citizens advice I'm not sure I still have any of the paperwork still

[AndyOrch]

Hi j3lly

 

Have all 3 claim forms got the same particulars as above?

 

Andy

[j3lly]

Hi, Yes apart from slightly different agreement date and amounts

[AndyOrch]

It would be advisable to start 2 more threads and have one for each claim...otherwise it will get very complicated as the claims progress...you could head them

 

Cabot/Mortimer claim forms received claim 1...claim 2 ...claim 3

[j3lly]

Thank you, how do I change title?

 

I know the debt is mine I'm just unsure about the amount,

 

I have no idea if I should defend and try to pay just the original debt minus charges & interest added over the years or will court not do this in which case should I just accept the amounts as they are now and make arrangement to pay?

 

I did send cca request previously and recieved reconstituted agreement although had my current address on which wasn't where I was living when I took out this agreement but not sure if this matters and what they called a statement of account which was a print screen showing interest Cabot had added & total owed. Should they have sent me full statement from opening of account?

[AndyOrch]

Done.

 

The fact is they have now issued so you have nothing to lose by defending.....and you really dont need 3 CCJs on your file for 6 years.

Simply defend ...put them to strict proof to disclose and make them work for it....

 

If they are sending reconstituted versions of the agreements with incorrect address....all the more reason to defend:wink:

[j3lly]

I have acknowledged claim

 

I'm hoping someone can help with what to do next, I've had ccjs before but always brushed under carpet & ignored until default judgement I've paid these now and want to avoid more.

 

What if anything should I send and to who to get documents or statements or anything to help with my defence?

[citizenB]

Is the date of issue the same - 30th June on each claim as well? You have a timeline that needs sticking to..

 

Date of issue 30.06.2014 + 5 days for service = 04.07.2014 + 14 days to acknowledge claim = 18.07.2014 + 14 days to submit defence = 01.08.2014.

[j3lly]

Do I send a cpr31.14 or cpr18 to get copies of statements from claimant or am I even more confused than I think I am and there's something else I should be asking for?

[j3lly]

Sorry hate to keep asking but I haven't a clue what to do!

Should I be sending something to someone asking for more details now or do I do this with my defence?

 

I'm not even sure what my defence will be or if I have one at all, all I want to see is a breakdown of where the balance has come from and I will pay what's owed but all I have every recieved when I've asked is a breakdown of the interest added since Cabot bought debt

 

I'm tempted to try loan some money and just pay what they asking I feel out of my depth I've always just ignored court claims before so no idea what I should be doing

[AndyOrch]

Hi j3lly

 

I see you are not getting much assistance...have you acknowledged the claim yet ? this needs to be done now as the deadline is tomorrow.

If you have not yet requested a copy of the agreement CCA you need to do so now quoting the account number in the particulars of claim.

With regards to the cPR 31.14 you must check their particulars and request any document referred to.

 

Regards

 

Andy

[j3lly]

Thank you Andy

Yes I acknowledged claim on 15th.

 

I have previously sent cca request, I recieved a reconstituted agreement & a statement of account showing opening balance with Cabot & interest Cabot have added since purchase.

 

The only document they have referred to is agreement which they have already sent me a reconstituted one

 

I had previously thought the agreement they sent had the wrong address on but looking at my paperwork again last night the one with wrong address is for another debt they haven't issued claim for. So the address on the one for this claim is correct.

[AndyOrch]

Okay so as your agreement was dated 06/03/2008 a reconstituted version is acceptable as means of enforcement...assuming everything is okay with it.

So look towards the Default Notice and Notice of Assignment and have you regularly received Notice of sums in Arrears since your default?

[j3lly]

Could someone please help me with my defence or point me in right direction of a template I can start with

 

I haven't recieved a reply to cpr31.14 yet but I need to file my defence tomorrow and haven't a clue how to write one or what I should put in it.

 

I have looked through what paperwork I have and I don't have or can't find if I do have any paperwork for this account before Cabot so don't have default notice and can't remember if received one as this was 2008

 

don't have notice of assignment but I did receive, as my first letter to them I sent with cca request references the notice of assignment I had just received

 

I have lots of letters from 2012 to date from Cabot & other companies on behalf of Cabot and also copies of letters I sent them

 

But I don't have any notice of sums in arrears

 

I don't have any statements prior to Cabot, the Cabot statement sent after cca request only has 3 things on it, opening balance jan2012, interest application jul2012 & interest application jan2013

 

I do have a reconstituted agreement

 

I have never received a letter before action

 

Hope someone can help me, thank you

[AndyOrch]

In the search box (top right under the CAG logo) type Cabot mortimer j3lly and all the threads with the same claimant/solicitor will appear.

Most if not all of them contain defences...find one that is similar to your particulars of claim and copy and edit to your post.Have a go at drafting your defence from that and we can check it before submission.

 

There are no template defences as all claims are unique.

 

Regards

 

Andy

[j3lly]

Ok thank you I will post back later

[j3lly]

Right bare with me as never done this before, if this is completely wrong please please help me as I don't want to mess this up

 

Do I just respond to the parts of the poc that I am defending, so as I don't dispute I had a credit account, I already have a reconstituted agreement and I recieved notice of assignment I don't need to mention paragraph 1 or 3 do I?

 

Particulars

1. By an agreement between jd Williams t/a simply be

("Spb") & the defendant dated 06/03/2008 ("the agreement") Spb agreed to issue the defendant with a credit account upon the terms & conditions set out therein.

 

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

 

3. The agreement was assigned to the claimant on 13/01/2012.

 

4. The claimant has complied with sections III & IV of practice direction - preaction conduct

The claimant therefore claims:

1. 271

 

 

This is all I have so far

 

Defence

Paragraph 2 is denied with regards to the Defendant owing any monies to the Claimant.

 

The Claimant is put to strict proof to show how the Defendant has reached the amount claimed for.

 

On receipt of the claim I requested information to claify the claim by requesting a CPR 31.14 dated 18/07/2014 the claimant has failed to respond.

 

Furthermore it is brought to the courts attention that the claimant failed to serve any letter before action and therefore has not complied with pre action protocol.

 

 

When I sent cca request, the letter I used was template from national debtline website, aswell as agreement it asks for "full breakdown of the account including any interest or charges applied. I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account on request. I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974"

 

Is that letter correct should I have recieved a full breakdown of the account? Or is a breakdown since their purchase enought? I have searched for this answer but still not sure.

The statement they replied with didn't breakdown the balance before assignment , if I should have recieved this would this put them in breach of responding to my cca request?

The statement reads

Jan2012 opening bakance £x

Jul2012 interest application £x

Jan2013 interest application £x

[AndyOrch]

It is usual to address their points one by one jilly otherwise the defence does not flow and then becomes messy.You must either admit or deny so with regards to point 1.

 

1.It is admitted that I have in the past held an account with JD Williams t/a simply be.

 

2.This is your chance to state why the agreement failed...the reason ...dispute ...faulty goods...unfair charges and interest? Or it could be that you are not aware of any breach or termination or any balance?

 

3.I am not aware of any assignment nor ever served a Notice of Assignment.

 

4.It is denied that the claimant has complied with sections III & IV of practice direction - preaction conduct the claimant has failed to serve a Letter before Action or attempted communication with regards to the outstanding debt.

 

Then you put them to strict proof to clarify and disclose the basis if their claim.

 

Andy

[j3lly]

Thank you so much for your help Andy

 

Point 2, I do remember an account but don't know how much is still owing if anything, how am I best wording this?

[AndyOrch]

Lets just bring it forward to this page:-

 

Particulars

1. By an agreement between jd Williams t/a simply be

("Spb") & the defendant dated 06/03/2008 ("the agreement") Spb agreed to issue the defendant with a credit account upon the terms & conditions set out therein.

 

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

 

3. The agreement was assigned to the claimant on 13/01/2012.

 

4. The claimant has complied with sections III & IV of practice direction - preaction conduct

 

Defence

 

1.It is admitted that I have in the past held an account with JD Williams t/a simply be.

 

2.This is your chance to state why the agreement failed...the reason ...dispute ...faulty goods...unfair charges and interesticon? Or it could be that you are not aware of any breach or termination or any balance?

 

3.I am not aware of any assignment nor ever served a Notice of Assignment.

 

4.It is denied that the claimant has complied with sections III & IV of practice direction - preaction conduct the claimant has failed to serve a letter before actionicon or attempted communication with regards to the outstanding debt.

[AndyOrch]

Thank you so much for your help Andy

 

Point 2, I do remember an account but don't know how much is still owing if anything, how am I best wording this?

 

Point 2 does not accuse of that read it carefully....

 

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

 

 

So that states that you defaulted the account and stopped paying and therefore they terminated the agreement........so your response would be why you stopped paying? You would also question why they have not referred to serving a default notice?

[j3lly]

Thank you so so much

 

One more thing In regards to the putting them to strict proof do I need to state exactly what it is I'm wanting them to prove or should I be as vague as saying I'm putting them to strict proof?

[AndyOrch]

I always use the following subject to what I wish them to disclose......

 

3. Paragraph 1 is denied 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 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;