Cabot/Mortimer - claimform BOS Aqua card 'debt'***Claim Discontinued***

[gavv8]

Hello.

 

I received a county court claim form from county court business centre dated 29/7/2014.

The particulars are:

By an agreement between bank of Scotland (aqua card)

("BOS") & the defendant on or around 27/04/2009

("the agreement")BOS agreed to issue the defendant with a credit card upon terms and conditions set out therein, in breach of the agreement the defendant failed to make the minimum payments and the agreement was terminated.

The agreement was assigned to the claimant on 18/03/2011

The claimant therefore claims 596.72.

 

The claim is from Cabot Financial through Mortimer Clarke solicitors and is for the above amount plus £120 court fee and costs.

 

I sent a CPR 31 request to Mortimer clarke on the 2/8/2014 and received a letter back stating that they were "taking instructions from their client and would get back to me asap", they also stated that they would agree to a 28 day extension.

 

I would like to make it plain that i have no idea where this debt has come from and have never owned any credit cards relating to 'BOS' despite having a Natwest account for over ten years, due to the actions of my first wife i have been unable to obtain mainstream credit for almost fifteen years now and although i have received letters from various organisations over the years regarding this 'aqua' card i gave up trying to explain to them that i had no knowledge of the debt several years ago.

 

I have registered with MCOL and acknowledged service online, but it now says that the case has 'had a bar put on it' and i can't respond or file defence at the moment.

 

Any advice as to how to proceed would be very helpful.

 

Thanks

Gavin.

[maroondevo52]

Thread moved to Legal Forum.

[gavv8]

To add i have sent an SAR request to cabot this morning although I'm not sure if the court will look at it unfavorably if i don't agree to the 28 day extension thus not giving cabot time to respond, this may be ok based on the updated timeframe.

[AndyOrch]

Hi gavv8

 

If you could read and complete the following posting your answers here...this will assist in the correct advice being offered.

 

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

 

Regards

 

Andy

[gavv8]

Name of the Claimant ? Cabot financial (UK) limited

 

Date of issue – 29/07/2014

 

Date to acknowledge) = 16/08/2014

 

 

DAte to submit defence = 29/08/2014

 

What is the claim for –

 

1.By an agreement between Bank of Scotland (aqua card) ("BOS") & the defendant on or around 27/04/2009 ("the agreement")BOS agreed to issue the defendant with a credit card upon terms and conditions set out therein,

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

 

The agreement was assigned to the claimant on 18/03/2011

The claimant therefore claims £726 (£526 + £60 court fee + £60 costs)

 

What is the value of the claim?£596

 

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? Allegedly 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. : Debt purchaser.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No.

 

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

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? : No

 

Why did you cease payments:- I have never made any payments.

 

Was there a dispute with the original creditor that remains unresolved? I have never dealt with the supposed original creditor.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? :No

[gavv8]

Cabot signed for CCA request today.

[gavv8]

Received a letter from cabot today, reads :

 

Thank you for your letter dated 13 August 2014, the contents of which have been noted.

Unfortunately we are unable to locate the account from the information you have given in your letter.

Can you please provide either your Cabot reference number or, alternatively, the account number.

We have retained your cheque and look forward to hearing from you in due course once you can advise us of the correct account number.

Once this has been received we will process your CCA request accordingly.

 

Yours sincerely

 

Sue Pavel

Customer support consultant.

 

I provided them with the reference numbers stated on the court claim form.

[citizenB]

Hold on, htey have issued a claim against you, yet cant find the information ? How have they issued the claim ?

 

I am sure andyorch will be able to advise what you should be doing.

 

Was it the claim reference you gave them or the account reference ?

[gavv8]

I gave them all the reference numbers that had been provided to me from the claim form and the letter from Mortimer clarke, i don't have anything else to give them.

[gavv8]

Just reading through the last few months of threads.. are Cabot firing these claims out with a blunderbuss or something??..

Should i reply to the last letter or just leave it and file my defence as it stands?

[AndyOrch]

Leave it and answer with a defence.

[gavv8]

Does this read ok to file as defence?

 

Particulars of Claim

 

 

1.By an agreement between Bank of Scotland (aqua card)("BOS") & the defendant on or around 27/04/2009

("the agreement")BOS agreed to issue the defendant with a credit card upon terms and conditions set out therein,

 

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

 

3.The agreement was assigned to the claimant on 18/03/2011

The claimant therefore claims £726 (£526 + £60 court fee + £60 costs)

 

 

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 no knowledge of any agreement between myself and Bank of Scotland regarding the Aqua credit card product

 

3.Paragraph 2 is denied. I have never held an agreement with BOS Aqua Cards to enable any breach let alone withhold any payments.

 

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

 

5.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;

 

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

 

7.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 Act 1974.

 

 

8.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.

Edited August 25, 2014 by Andyorch
Particulars added for cross reference

[AndyOrch]

Particulars added and paragraphed...you now need to respond to their point 2?

 

Andy

[gavv8]

Thankyou, amendment added.

[AndyOrch]

Thats not really the answer to their point 2 gavv

 

They are saying that you breached the agreement and therefore failed to make any payments and the agreement was terminated.

 

Your response should be along the lines of Paragraph 2 is denied I have never held an agreement with BOS Aqua Cards to enable any breach let alone withhold any payments.

[gavv8]

Ahh, i see what you mean, shall amend now.

[AndyOrch]

[gavv8]

Thankyou for your help, i'll file the defence as soon as the bar is lifted on MCOL.

[gavv8]

There is still a bar in place on MCOL for this case, should i be sending my defence to the court in writing just in case?

[AndyOrch]

I would email it using the appropriate address

[gavv8]

I would email it using the appropriate address

 

Thanks, i'll do that.

[gavv8]

Thanks, i'll do that.

 

Emailed defence response sent to MCOL and NCCBS... acknowledgement email received from both.

[gavv8]

MCOL has now updated to state that i have submitted a defence or part admission.

[gavv8]

Letter received from NCCBS today acknowledging service of defence on Cabot/mortimer Clarke so ball is in their court now.

[gavv8]

Letter received from mortimer clarke today, " we have received your defence, we are taking instructions in relation to your defence and will come back to you as soon as we can.. we will place the matter on hold until we hear further from it".