Mortimer/cabot Claimform for on JDW Cat 'debt'

[Delta-echo]

Hello all.

 

i have received a county court claim form for an old catalogue debt.

 

i cannot remember when i last made a payment to the the account but

 

i know that its been a long time.

 

on the claim form it says i signed the credit agreement in 2007

 

i wanted to try for the statue barred option.

 

i know the debt has been passed around a lot over the years

 

what i need advice with is.

 

. if they do manage to provide proof of a last payment within the 6 years what would happen next?

 

Thanks for the advice.

[Old Cogger]

last payment/acknowledgement date?????

 

6 years England,

 

5 years scotland

[Delta-echo]

Hello. i'm in wales so 6 years and i haven't acknowledged the debt or made any payments.

[dx100uk]

please fill this out and post the answers back here

 

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

 

dx

[Old Cogger]

please fill this out and post the answers back here

 

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

 

dx

 

as above do not waste time? fill out details urgent?

[Delta-echo]

will do now. thank you

[Delta-echo]

Hello.

The claiment is cabot financial ltd.

solicitor Mortimer clarke.

 

the issue date of claim is 30th june 2014.

 

the claim is for breech of credit agreement with JD williams home shopping.

that i signed on 10/06/2007

 

reason is that i failed to make the minimum payments to them on time.

 

i did contact JD williams at the time to ask if i could pay smaller amounts,

 

i remember they refused and passed the debt on.

 

a lot of interest was added and i was unable to pay.

 

the debt was sold on to various companies over the years,

 

i moved house.

i did not acknowledge any of them

 

debt assigned to cabot on 27/01/2011

 

i do not remember receiving an annual notice of default sums.

 

thank you. amount claimed is £1404 with cost £1555

[dx100uk]

ack the claim on MCOL

after creating a username and password

defend all.

 

send a CCA request and a CPR 31:14 , don't sign the letters

 

go get your credit file too

 

does this show?

 

dx

[Delta-echo]

Have Just prepared the letters. will look at credit file tomorrow and post back. Thanks.

[Delta-echo]

Hi dx. just have a few questions before i proceed further.

 

If i defend the claim and Cabot manage to provide a signed credit agreement or acknowledgement of the debt from me, what would happen then?

 

Also when i defend the claim online what reason do i give?

 

thanks for the help.

[dx100uk]

doesn't matter if you've ack'd the debt with cabot

 

they'll still need the CCA

 

get those letters done and posted

1st class proof of posting

do not sign the letters.

 

details of defence will be fwded later or leave blank.

 

you must defend all else you'll get a CCJ by default no matter what you do

 

sar to JDW wouldn't go amiss either

 

we also need the EXACT wording of the PoC all of it

[Delta-echo]

Thanks dx. will post the POC exact wording tomorrow. The letters will go off first thing.

[Delta-echo]

HI dx

Here is the exact wording of POC

 

By an agreement between JD Williams T/A Viva ladiva.com

(VLD) & the defendant dated 10/06/2007

(the agreement) VLD 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& the agreement was terminated.

The agreement was assigned to the claimant on 27/01/2011 the claimant has complied with sections 111 & 1V of practice direction - pr court conduct

THE CLAIMANT THEREFORE CLAIMS 1404.32

 

letters have been posted today and i ack the claim online. Thanks

[Delta-echo]

Hello. Cabot and Mortimer received my letters a week ago today, so how long do i give them to reply? thanks.

[dx100uk]

that's their problem

 

if they don't reply

you do nothing more

 

just don't forget your 33 days defence deadline regardless

 

dx

[Delta-echo]

Ok thanks, dx. So whats the latest date i should wait before submitting my defence?

[dx100uk]

midnight 33 days from the date on the claimform top right - which is day one of the count

[Delta-echo]

Hello.

 

i received letters from Cabot and Mortimer today.

 

Cabot says, they don't have the info i requested but they are trying to get hold of it from the original lender

and it could take up to 40 days.

 

Mortimer say,

they are taking their clients instructions in relation to my request and will come back to me soon as they can.

 

Please can you advise on what i should do now?

 

and also can you give me some help on how to word my defence.

 

 

Thank you.

[dx100uk]

for the minute you wait

 

defence must be filed by midnight 1st august

 

there are numerous threads here with the no paperwork defence.

 

you've lots of time

 

go have a read around

[Delta-echo]

Hi, dx or anyone else. please can you give me some direction on wording my defence. i only have a few days left now. i have searched and looked at other threads but can't find anything that applies to my case. Do i just word it simply with the fact they haven't provided the documents that i requested? Help! Thanks.

[dx100uk]

basically yes.

 

lots and lots of threads in this forum

 

let me go find one

 

dx

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?428275-Lowell-cater-claimform-cat-debt&p=4582202#post4582202

[dx100uk]

please don't submit until its been checked by andyorch or someone with better knowledge

 

dx

[Delta-echo]

Thanks a lot. Will post back soon ☺

[Delta-echo]

Hello. after much stressing i've come up with this based on other peoples defences. Can i submit this online? Thanks dx

 

Particulars of claim

 

1.By an agreement between JD Williams T/A Viva ladiva.com(VLD) & the defendant dated 10/06/2007

(the agreement) VLD 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& the agreement was terminated.

 

3.The agreement was assigned to the claimant on 27/01/2011 the claimant has complied with sections 111 & 1V of practice direction - pr court conduct

 

THE CLAIMANT THEREFORE CLAIMS 1404.32

 

 

 

 

Claim number *********

Between

Cabot Financial - Claimant

And

************ - Defendant

 

 

Defence

 

I, ********* of ********** Make this statement as my defence to the claim brought by Cabot financial

 

Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.

 

No documents supporting the claims in the particulars have been offered and despite a request to the claimant on July 7th 2014 for further information none has been forth coming and as a result I cannot plead in defence to the claim

 

The claimant pleads that the claim is brought under an “Agreement”, yet the claimant has not provided me with a true signed copy of any such “Agreement”.

 

The defendant contends that point 4 in itself amounts to a clear abuse of the process as the claimant would know the law and is trying to bring a claim for monies which it is not entitled to and knows that this is the case

 

Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

 

Further to the above paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Statement of Truth

 

 

I ********, believe the above statement to be true and factual to the best of my knowledge

Edited July 30, 2014 by Andyorch
Particulars added for easy reference.