Mortimer/cabot Claimform for on JDW Cat 'debt'

[AndyOrch]

And the date you last made payment or acknowledged this agreement Delta?

 

Regards

 

Andy

[Delta-echo]

Hi Andy. would possibly have been 2008 no later than that. thanks.

[AndyOrch]

Verging on being statute barred subject to the exact month......? It would make all the difference to your defence if you knew the month.

[Delta-echo]

i know..i don't have a clue to be honest. i moved house 4 years ago and never heard anything for a long time. i stayed debt free. so to be honest they prob dont even know if i am in fact who they are looking for.

[AndyOrch]

Did you have an on line account ? Can you not ring them quoting the account number and ask? You have had 33 days to find this information which may be the difference in getting a CCJ or not.

 

http://www.jdwilliams.co.uk/shop/home.action?promo=6200&gclid=Cj0KEQjwr-KeBRCMh92Ax9rNgJ8BEiQA1OVm-B4ihCxKSO9jj62S5WKwlpe22v9AHGRR-Z_9G1K1IT8aAsj78P8HAQ&gclsrc=a

[Delta-echo]

Hi Andy. I didn't know they would still have that information on file? and if they do would they just tell me over the phone without asking a load of questions? i probably did have an online account.

[AndyOrch]

Try logging in.......or phone them....makes no odds to them the debt is no longer theirs...but at least you have tried to find the last payment date.

[Delta-echo]

surprisingly managed to log in. but it wont display any transactions. the balance is less than what cabot claim. i'll give it a shot at calling them. thanks.

[AndyOrch]

Now we are getting somewhere

[Delta-echo]

oh well. just spoke to them and unfortunately she said i paid £5 on 22/9/08 what now? thanks.

[Delta-echo]

that was the last payment.

[AndyOrch]

Then you need to submit an alternative defence......not the one above....as you will see I have added their particulars of claim and numbered their points of pleadings.Which now makes that proposed defence unconnected and does not tie in with their pleadings.

 

Example :-

 

"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"

 

They do not have a point 4:|

 

Wait until this evening and we can draft a fresh defence that is suitable.

[Delta-echo]

Ok thanks, Andy. i will wait to hear from you.

[AndyOrch]

Here is a very similar defence I drafted for another poster...you can easily edit to suit.

 

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 had an agreement in the past with Shop Direct but any alleged balance is and remains in dispute for faulty goods/services.

 

 

3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago.

 

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

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

 

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

 

6.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.

 

 

7.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.

 

 

 

Regards

 

Andy

[Delta-echo]

Thank you Andy, i will do that today and keep you informed.

[Delta-echo]

Hi Andy.

 

Firstly i received letter of acknowledgement from the HM Courts dated 31st July 2014 in response to my defence. the letter stated that if the cliament wished to proceed they had 28 days to respond, if not the claim would be stayed.

 

Today 27th August 2014. i have recieved documents from cabot which they claim meets the requirements of the CCA they have sent me a few pages of photo copied statments of my account along with a photo copy of a credit agreement bearing my name and old address (which is not my hand writing) and is unsigned

 

Cabot basically say in their letter that as they have complied with my request they can now enforce the credit agreement and are able to obtain a CCJ so they would like me to call them and discuss my repayment options and if they don't here from me within 14 days they may escalate the account within their collections procedures.

 

your advice is appreciated. thank you.

[AndyOrch]

In their opinion.......do nothing... wait and see if they wish to proceed...from the sounds of what they have disclosed it would appear very dubious.

[Delta-echo]

Thanks, Andy. i think i am just going to see what happens next.