Cabot, Mortimer Claimform - cat JD Williams TA Marisota 'debt'

[ER36]

Today I have received a claim form for a debt with Cabot for a catalogue debt

to JD Williams TA Marisota.

 

Its for Northampton county court dated 6th August.

 

How do I follow this up now with CCA requests etc?

 

I Have successfully defended 2 other claims with help from here

but it was about 6 years ago and

I can't remember what to do.

The amount is for £385.81 plus costs so totals £470.81.

 

I haven't paid anything on this account for about 4 - 5 years,

my hubby is no longer around and I lost my job so couldn't afford to pay.

 

Thanks for any help

[dx100uk]

yes ack the claim

 

defend all on MCOL

 

get a CCA request to Cabot off

 

and a CPR to the sols.

 

dx

[ER36]

Thanks, do I acknowledge the claim now?

 

What is a CPR request?

[dx100uk]

pers I would.

 

CPR details are in the legal section of the library tab top left

 

dx

[ER36]

Thank you again

[ER36]

Well Ive just received a reply from Mortimer...

 

'Further to your letter we are taking our clients instructions in relation to you request and will come back to you as soon as we can.

We confirm our client is willing to agree to the extension of 28 days for you to file your defence. Purusant to CPR 15.5(2) please notify the court in writing of the agreement.'

 

What is my next step now, I am going into hospital next Thursday for a major op and will be in for a few days and then have 8 weeks recovery time so want to make sure I sort things before I go in.

 

Thanks

[ER36]

can anyone please confirm that my next step is to submit my defence? If so is there any pointers as to what I should say. Thanks

[ims21]

Can you answer the questions raised in this post here please

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

It will give the legal guys the information they need to go on.

 

If the date of issue is 6 August you have 33 days from then (including 6th August) to file your defence so you have time.

 

No need to rush to get the defence in at the moment.

[ER36]

Thanks

 

Name of Claimant - Cabot Financial (UK) Limited

 

Date of issue - 6th August 2014

 

What is the claim for - By the agreement between J D Williams T/A Marisota ("Mari") & the defendant dated 18/09/2008 ("the agreement") Mari 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 13/01/2012. The claimant has complied with sections III & IV of practice direction - pre-action conduct. The claimant therefore claims 1. 385.81

 

Value of claim - £385.81 No interest shown added.

 

Claim is for a catalogue

 

Original agreement entered 2008

 

Debt purchaser has issued the claim

 

Yes I received a notice of assignment

 

Not sure if I received default notice from original creditor

 

Not been receiving statutory notices once a year

 

Ceased payments due to personal circumstances, hubby was no longer around and I lost my job.

 

No dispute with original creditor

 

Did not communicate any financial problems with original creditor due to the circumstances why hubby was not around.

 

Is this right? Not sure if I've answered evrything I need to.

 

Thanks again.

[ER36]

Is it the 6th of September I have until to submit my defence? BAck home after surgery now and this is the first chance I have had to get online.

 

Thanks

[ims21]

I make it the 7th but if you do it by the 6th you will be on the right side

[ER36]

Will somebody help me to sort my defence please as I dont know where to start. Can't get to the computer much and want to get it in tomorrow if possible. Thank you.

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?430486-Claim-form-Cabot-old-cat-debt/page4

 

Edit to suit.

 

Andy

[ER36]

Thanks very much

 

Is this ok?

 

Particulars of Claim

 

1.By the agreement between J D Williams T/A Marisota ("Mari") & the defendant dated 18/09/2008 ("the agreement") Mari 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 13/01/2012. The claimant has complied with sections III & IV of practice direction - pre-action conduct. The claimant therefore claims 1. 385.81

 

 

 

Proposed Defence

 

 

 

a specific response has not been made.

 

1. Paragraph 1 is accepted. I have in the past held accounts with Simply B however I am unaware of any outstanding balances as alleged and it is therefore denied until such time the claimant can clarify and

comply with my request under section 78 of CCA1974.

 

2. Paragraph 2 is denied XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX.

 

3. Paragraph 3 is denied and the Claimant is put to the strictest of proof on the same. The Defendant contends that no notice pursuant to s.136 & 196 has been served upon him by the Claimant as alleged or at all.

It is denied the claimant has complied with sections III & IV of practice direction - pre-action conduct.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract 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.

 

 

 

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

 

4. 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 crediticon Act 1974.

 

5. On the 11th August 2014 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request

 

any relief until compliance.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited September 6, 2014 by Andyorch
Particulars added for cross checking

[AndyOrch]

Particulars brought forward and defence tweaked...you will have to complete your point 2.

 

Regards

 

Andy

[ER36]

Thanks again, I dont need to add the particulars of claim to my defence do I? Sorry just have brain drain since my op and can't think of what to write, saw this in the post you linked, would it be ok as stands true? Thanks

 

Paragraph 2 is denied and the Claimant is put to the strictest of proof on the same.

 

(a) show how the Defendant has entered into an agreement/contract 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.

[AndyOrch]

No need to add the particulars...that is there just to draft and check your defence in that you are responding to each and every point that the claimant pleads.

 

So you now state that their paragraph 2 is denied ...you didnt miss any alleged payments and the agreement was not terminated?

 

Andy

[ER36]

Sorry, I read the wrong part. yes i missed payments, cont remember getting a letter of termination but the letter from Cabot saying they are asking for payment does this count as termination?

 

Can I just write paragraph 2 is accepted?

 

Thanks

[AndyOrch]

Sorry, I read the wrong part. yes i missed payments, cont remember getting a letter of termination but the letter from Cabot saying they are asking for payment does this count as termination?

 

Can I just write paragraph 2 is accepted?

 

Thanks

 

Better to state it is denied because you never received a default notice from Simply B...if that's the case?

[ER36]

Ah bum, I just filed as I needed to get to bed. I accepted I didnt make payments but never received any default notice. I know when you miss payments you are supposed to get one but I didn't. Probably messed it up now, so ill at the moment and haven't got the energy to do this so will just see what happens next.

 

Thanks for all your help.

[ER36]

I got a reply a couple of weeks ago saying - "We are taking our clients instructions in relation to your defence and will come back to you as soon as we can. We will place this matter on hold until we hear further from it."

 

In the meantime I have had another claim form from the same, Cabot/Mortimer but for a different debt.

 

 

I acknowledged the claim and sent off CCA and CPR requests.

 

 

Today I have received a response exactly the same as the above one but also a without predjudice letter offering me 40% off the debt

and a form to fill in for my financial position and saying if I agree they will send me a Tomlin order.

 

 

Why have they sent this for this debt and not the previous one and I plan on ignoring the offer. Is this the right thing to do?

[AndyOrch]

There is no right or wrong ER its your decision...I personally would sit tight and wait for both to be discontinued.

 

Andy

[ER36]

Thanks, I was planning on waiting so will stick to that

[dx100uk]

if they are offering a discount there more to be had then they are offering 99/100

get an sar off to the OC

[ER36]

Who is oc and what does this do?