Claimform Cabot/mortimer - Haliffax 'AQUA' Credit Card 'debt'

[balixonline]

Hello Everyone,

It took me more than 3 years to have the courage to write it and I wonder if any of you can advice me what to do.

 

I had two credit cards back in 2009, I went through incredibly tough time and even had no place to live so eventually couldn't make payments. Eventually I went behind payments October 2009 on first credit card of £1545.00 and second one of £1445.00.

 

I wrote to them asking to take £800 each as final settlement even this much a friend of mine was helping me with but never heard from them. (that was in October 2009).

 

I had no place to live after March 2010 and since no permanent place to live, never heard from them (both credit companies) again after Feb 2010.

 

I am a little better now, although not financially stable as owe about £15000 from friends and family who helped me during my time and I am obviously am thankful and paying them off little by little.

 

I recently checked my credit report and found that the first credit card company defaulted on my credit file on August 2011 with £1856 and Second credit card company defaulted me for £1703 August 2011 too.

 

I had no letters or discussion from them whatsoever as even if they were delivered, they were returned unopened as i am told.

 

Now yesterday 16/09/2014 I received a claim from Northampton County Court for £2403.00 and I am asked to response to that.

 

I do not have any money to pay off. I already am in debt from friends and family for about £15000 which I am trying to pay off as maximum I can, being able to live on bare minimum. I have two dependents - a child under 10 years and mother who are solely dependent on me.

 

I do not want a CCJ on my credit file as I have just started to get a little better and possibly working towards jobs. A CCJ will ruin my options to get a job in a good industry. I am currently working on a temp contract with £23k salary.

 

I thought after 6 years these will come off from my credit file and until then i will be better with everything and can start a new life. but this letter from NCC has ruined my sleep now.

 

Any suggestions, any advice you guys can please give me. I do not know what to do.

[dx100uk]

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

 

 

please fill this in

 

 

dx

[balixonline]

would you like me to write answers here (in response), such as name of claimant, amount etc please?

[balixonline]

Name of the Claimant - Cabot Financial (UK) Limited

Date of issue – 15 September 2014 (received on 17 September 2014)

Date of issue 15/09 + 19 days = 04/10 + 14 days to submit defence = 18/10 (33 days in total) - 18th October 2014

 

What is the claim for – the reason they have issued the claim?

 

 

By an agreement between Bank of Scotland (Aqua Card) ("BOS") & the defendant on or around 07/2008

("the agreement") BOS 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 and the agreement was terminated.

The agreement was assigned to the climant on 07/2011. the claimant therefore claims £2303.57

 

What is the value of the claim? £2303.57

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? - 07/2008

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 letters / documents were received whatsoever.

Did you receive a Default Notice from the original creditor? - No

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

Why did you cease payments:-

I was in absolute troubles, living on street, no jobs and no income.

even then i offered them a lump sum payment of £800 with a help of a friend which they never replied.

Was there a dispute with the original creditor that remains unresolved? Yes. I offered them a sum of payment which they never replied

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

I did write to them on three occasions, explaining them that i am having financial troubles

and that I can offer them a payment which they never replied.

 

--------------------------------------------------------------------------------------------------------

 

Answer as above please,

what would you like me to do next.

Your response was quick and I very much appreciate that.

Thank you

[theoldrouge]

ok first step

 

register with mcol, acknowledge service and tick defend all.

 

Asap send cca request under s78 to the claimant

 

Send CPR31.14 request to the claimants solicitors

 

send both requests by Recorded Delivery

[theoldrouge]

in view of the discrepancies in the balance

 

I would send a SAR to the Original Creditor

[balixonline]

Firstly thank you for your time and helping me here.

When you say original creditor do you mean Bank of Scotland please, Cabot of Mortimer Clarke Solicitors?

 

Also just so that i understood you correctly;

1. Register with Money claim online

2. Acknowledge Service with defend all

3. CCA request to Cabot Financial (UK) but to their solicitor Mortimer Clarke?

4. Also send Subject Access Request to Cabot or Mortimer or Aqua Card?

[theoldrouge]

CCA request to Cabot

 

CPR31.14 request to Mortimer Clarke

 

SAR to Bank of Scotland

[balixonline]

I have prepared first two documents but having trouble with SAR

- The credit card i had was Aqua where as it says Bank of Scotland on Court form.

 

 

I am having trouble finding their registered address and who i should send cheque and SAR request to.

 

 

Can you kindly help. (Sorry for being a pain)

[theoldrouge]

Data Controller: BANK OF SCOTLAND PLC

Address:

THE MOUND

EDINBURGH

EH1 1YZ

[balixonline]

Do you think any of this helps

If i simply writes back to the Solicitors and ask them to take a laptop which is worth £999 (brand new - gifted to me)

and get over and done with it

OR I they can take £1000 as full and final settlement and not proceed with CCJ etc?

 

Update:

- A claim was issued against you on 15/09/2014

- Your acknowledgment of service was submitted on 18/09/2014 at XX:XX:XX

 

Now;

Do I submit this right away or first wait for some response from them?

- Next step?:

If you dispute the whole claim or wish to make a claim (a counterclaim) against the claimant, complete the defence form?

Edited September 18, 2014 by balixonline

[theoldrouge]

by my calclations your defence is due by Oct 17th (33 days including issue date)

 

therefore gather as much info as you can

 

and read similar threads in order to give you pointers to use in your defence

[dx100uk]

do not write phone or contact/offer anything to anyone at this stage.

 

 

CCA/CPR/SAR.

 

 

you need information

 

 

read

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?432975-Claimform-Cabot-mortimer-Haliffax-AQUA-Credit-Card-debt

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?430838-Cabot-Mortimer-claimform-BOS-Aqua-card-debt&highlight=aqua

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?431247-Restons-Cabot-claimform-old-HBOS-Aqua-credit-Card-debt&highlight=aqua

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387645-Cabot-issuing-statutory-demand-via-stewart-barnes-Aqua-Card-debt-**-SD-SET-ASIDE-WITH-COSTS**&highlight=aqua

[balixonline]

Thank you for your reply. I already have acknowledged the claim on mol web site.

 

I also have written the following letters but not posted yet;

1 CCA request to Cabot

2 CPR31.14 request to Mortimer Clarke

3 SAR to Bank of Scotland

 

Did you mean not to send these letters or you meant send these requested to obtain information but do not offer any money as settlement etc kindly clarify?

[dx100uk]

re post 11 top part

 

 

do 1,2,3 yes

[balixonline]

Hello, Its me again :$

 

I received first and only reply from Cabot (#1) saying that they does not have this information on file and have requested under sec 77 and/or 78 from the original lender. they anticipate that they will be able to provide this information within 40 days.

 

- I did not hear from Mortimer or BOS not even an acknowledgement, where as my letters were delivered on 22 Sept by recorded delivery.

- BOS have not cashed the cheque of £10 i sent them for SAR

 

What should i do next please?

 

Kind Regards

[AndyOrch]

Submit your defence by the 17th October.

 

Andy

[balixonline]

Hello,

 

I received letter from Mortimer yesterday saying that they are taking their clients instructions in relation to my CPR 15.5(2) request and will come back to me as soon as they can.

 

They also say that they confirm their client is willing to agree to an extension of 28 days, for me to file my defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.

 

--------------

 

1. Do I need to write to MOL saying that the claimant agreed to an extension of 28 days?

 

2. I was originally suppose to file defence by 17 Oct 2014. Does this mean that I have another 28 days after 17th or I still need to file defence by 17th please.

 

 

Thank you

[AndyOrch]

I personally would reject the extension...why allow them more time to build their case ...submit by 17th Oct

 

Andy

[balixonline]

Thank you so much for all response. I will start preparing response from 15th Oct and will submit it on 17th Oct. It would be on the basis that I do not have relevant information on hand to write defence and that the claimant failed to provide any documentation.

 

(In all honestly BOS didnt' even bother replying for SAR Request, they didn't cash the cheque. Aren't they suppose to comply to it? or can they simply bin it?)

[balixonline]

Until today i received two letters as below;

Cabot; it reads

"Your request for information under the Consumer Credit Act 1974

Thank you for your request for information under the Consumer Credit Act 1974. Cabot Financial currently does not have this information on file. However, we have requested the relevant information under section 77 and/or 78 of the Consumer Credit Act 1974 from the original lender"

 

Mortimer; it reads

"Further to your letter dated 18/09/2014, we are taking our client's instructions in relation to your request and will come back to you as soon as we can.

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

 

Today is 15th October 2014 and I have two more days to file defence; I have prepared defence as below as per other posts/links provided. I would be grateful if you kindly provide your assessment. Thank you all once again;

 

Particulars of Claim do not submit with your defence

 

1.By an agreement between Bank of Scotland (Aqua Card) ("BoS") & the defendant on or around 07/2008

("the agreement") BOS 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 and the agreement was terminated.

 

 

3.The agreement was assigned to the claimant on 07/2011. the claimant therefore claims £2303.57

 

Defence

 

I contend that the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. I have held an account with Bank of Scotland for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78.

 

2. I deny having received statutory notices in the form of a Default Notice required under s87(1) of the Consumer Credit Act

I also deny having received statutory notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act.

 

3. I deny receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim.

 

4. 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 evidence of service of a Default Notice and Notice of Sums in Arrears

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed.

 

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 Act 1974.

 

17. 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 October 15, 2014 by Andyorch
Particulars added for cross reference

[AndyOrch]

Defence checked and tweaked for your consideration balixonline as per request by PM.

 

Your defence is due tomorrow.

 

Regards

 

Andy

[balixonline]

I am once again thankful for your time and am amazed to see that such talented and genuine individuals here. I thought to submit it today but then I guess its best if I were to submit it tomorrow.

 

 

 

much appreciate.

[AndyOrch]

Do it today...copy and paste into MCOL and print your receipt as proof of submission...then you can relax and enjoy the weekend:-D

[balixonline]

Great, its done..

 

The current timeline is;

1. Your acknowledgment of service was submitted on 18/09/2014 at 16:04:56

2. Your acknowledgment of service was received on 19/09/2014 at 08:01:02

3. Your defence was submitted on 16/10/2014 at 14:13:10

 

It asked for counterclaim, which i answered 'No'.

 

I may bother you kind people, as i receive a response :$, have a lovely weekend.