claim form mortimer/cabot - old citi 'debt'***Claim Discontinued***

[Steven_Brown]

Hi,

Ive just recieved a letter from Mortimer Clarke saying they have been instructed by Cabot

to start court proceedings against me and that they will make a court claim in the next 14 days.

 

 

I used to be a client with Debt Help and Advice Ltd which the debt was citi/opus card at the time,

i was told by debt help that citi/opus couldn't provide evidence of the cca

so was unenforceable and to ignore any contact from them.

 

Now that debt help have closed down im starting to get these letters,

should i do anything or just ignore them?

[Bazooka Boo]

These are more than likely puerile threat letters to get you to react.

 

How old are these accounts?

 

How much?

 

Do you have a copy of the CCA request and subsequent failure letters?

[ericsbrother]

I'm sure that a timeline for your debt and subsequesnt activity would be useful to those who are best suited to answer.

[Steven_Brown]

I signed up with first step finance in December 2010 and they requested the cca on my behalf, the account is for £1885,

I have only been keeping DCA letters since May when debt help and advice ltd closed down before that I was sending them in.

[Bazooka Boo]

How long before they took on your case did you take out these agreements?

 

How much\?

 

How old are these agreements?

 

When did you last pay or acknowledge in writing this debt?

 

Have you checked your credit file?

[Steven_Brown]

When I first signed up with first step I had 13 creditors with £50k of total debt and

 

 

they found that 5 of them couldn't provide evidence of a cca,

 

 

in just over 3 years I was with them they paid £1538 to the creditors

and kept the rest as fees which they told me was for reducing the 5 debt that were unenforceable.

Which would leave just over £20k remaining.

 

Since May I've been carrying the payments with the other 8 creditors that debt help we're paying

but now a couple of the other 5 have started contacting me again.

 

I'm currently dealing with

- Optima Legal/Marlin (ccj)

- Restons

- Ikano (ccj)

- Allied International Credit

- Experto Credit

- Akinika

-Moorcroft x2

[dx100uk]

and all of these have had a cca request from you?

 

 

barring the ccj one ofcourse.

 

 

hope you've dumped all those fleecing fee charging DMC's now?

 

 

dx

[Steven_Brown]

I haven't sent cca requests to the ones I'm paying because I thought the dmc would have already done that.

 

Do u think I should send cca request to all my creditors?

[theoldrouge]

You should certainly CCA all your creditors except for the ones with ccjs

[dx100uk]

god YES!!

 

 

the DMC don't give a monkies if the debt is actually valid or not

 

 

all they want is their fees!

 

 

sounds like you've been cash cowed

 

 

you have dumped the DMC's now ?

 

 

dx

[Steven_Brown]

Yes they closed down in may and I have started doing it myself since then.

[Steven_Brown]

Hi,

i have just received a claim form from mortimer clarke on behalf of cabot.

 

i sent cabot a cca request on 3rd september and

 

they responded on the 8th saying they do not have this information on file

but have requested the information from the original lender and will be able to provide it within 40 days.

 

i am going to send a cpr31.14 request to mortimer clarke tomorrow.

is there anything else i need to do?

 

What is the value of the claim? 1885.99

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? 2009

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. agreement was assigned to cabot on 28/09/2011

Were you aware the account had been assigned – did you receive a Notice of Assignment? not sure, i was using a dmc and forwarded all letters to them

Did you receive a Default Notice from the original creditor? again not sure, sent all letters to dmc

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure

Why did you cease payments:- dmc informed me that they couldnt provide evidence of the debt so was unenforceable

 

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 managementicon plan? yes

[AndyOrch]

If you could provide the date of claim and particulars (verbatim less any identifiable data) Steven.

 

Regards

 

Andy

[Steven_Brown]

hi andy, the date of the claim is 15th september.

 

the particulars of claim are :

 

By an agreement between 'original lender' and the defendant o or around 04/2009 ("the agreement") 'original lender'

agreed to issue the defendant with a credit card upon the terms and 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 09/2011. the claimant therefore claims xxxx.xx

[Steven_Brown]

I've received a reply from Mortimer Clarke today for my cpr 31.14 request,

 

 

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

 

They also state that their client is willing to agree to the extension of 28 days for me to file a defence.

Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.

 

do i need to forward this letter on to the court or type up a letter?

 

 

Do i still work off the 33 days from the date of the claim?

[AndyOrch]

I normally advocate sticking to the timetable and declining their offer of extension...why allow more time for them to prepare?

 

Make sure you acknowledge on time and post a few days before your defence is due.

 

Andy

[dx100uk]

who was the DMP with

 

 

who was the original creditor please

 

 

dx

[Steven_Brown]

dmp was with First Step Finance/Debt help and advice ltd and the original creditor was citi

[Steven_Brown]

I acknowledged on the 19th September.

 

 

Is there any where I can look for advice filing my defence?

 

 

do I need to wait for Mortimer/Cabot to send me the information I have requested?

[dx100uk]

oh god not them

 

 

you are SURE all your payments actually got thru?

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219311-First-step-Finance-2014-FCA-say-STOP-ALL-PAYMENTS

[dx100uk]

there are agood few citi claims in this forum

 

 

have a read

they'll never get a CCA out of citi

 

 

and even if they do

 

 

the T&C's date will not match the time you took out the card.

 

 

 

 

dx

[Steven_Brown]

Hi ive been reading the threads similar to my case and im still a bit confused how to set out my defence. do i deny ever having the credit card?

the POC are:

 

By an agreement between Opus Credit card ("OPUS") & the defendant on or around 04/2009

("the Agreement") OPUS agreed to issue the defendant with a credit card 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 09/2011.

THE CLAIMANT THEREFORE CLAIMS: XXXX

[dx100uk]

so by midnight 17th

 

 

no you don't deny ever having it.

 

 

try here

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

any credit card no paperwork/holding defence will do.

[Steven_Brown]

Can anyone give advise on whether this will be ok to use as my defence?

 

Particulars of Claim

 

1.By an agreement between Opus Credit card ("OPUS") & the defendant on or around 04/2009

("the Agreement") OPUS agreed to issue the defendant with a credit card 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 09/2011.

THE CLAIMANT THEREFORE CLAIMS: XXXX

Defence

 

The defendant contends that the particulars of the 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.

 

1. Paragraph 1. It is accepted that in the past the defendant had an agreement with Opus to provide credit card services.

 

2. Paragraph 2 is denied.I am not aware of ever being served a default notices by Opus , and notice of sums in arrears or statements since the alleged assignment and unaware of any termination,the claimant is therefore prevented from seeking relief pursuant to the CCA 2006 amendments.

 

3. Paragraph 3 is denied. The defendant has no receipt of a notice of assignment from the claimant or Opus pursuant to the Law of Property Act 1925.

 

Therefore, the claimant is to put 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 and;

c) Show any evidence of the service of notice of sums in arrears and;

d) Show how the claimant has the legal right, either under statute or equity to issue a claim.

 

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

 

5. 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 contravention a of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

6.Further to the above, on the 3rd September 2014 the defendant made a legal request by way of Section 78 to the claimant. The claimant responded on 8th September 2014 stating that they do not hold the information on file. The claimant has therefore failed to comply with the Section 78 request and are unable to claim relief until compliance.

 

The defendant also made a CPR 31.14 request on 19th September 2014 to the claimants solicitor to obtain information pertaining to the claim. The claimants solicitor responded on 24th September 2014 stating they, "were taking their clients instructions in relation to your request and would come back to you as soon as we can". The claimant has failed to address this request.

 

7. By reason of the facts above it is denied that the claimant is entitled to the relief claimed, or any relief.

Edited October 16, 2014 by Steven_Brown
Particulars added for cross reference

[AndyOrch]

Particulars added for reference Steven...you cant check a defence without knowing what they are claiming.Now I have paragraphed and numbered look at your 1/2/3 in response to theirs....

 

Your point 2 refers to assignment ...they dont refer to it until point 3