cabot/mortimer claim form - Halifax Aqua Credit Card 'debt'

[notobailiffs]

Ok this is new,

 

after being told that no dca will take you to court, this happens.

 

Just received a claim form from Northampton county court regarding a aqua credit card debt 'assigned' to cabot financial (uk) limited.

 

I have already started the defence process of acknowledge form with Mcol, cca request from cabot and cpr31.14 from mortimer.

 

Could anyone explain why dca's are now doing this (as I am aware I am not the only one)

 

I know that I will get all the assistance from the more knowledgeable members of this great site that has helped me before,

 

so in advance thank you

 

J

[Ganymede]

Who told you a DCA won't ever take you to Court?

 

They're doing it to get the money back that you owe.

[notobailiffs]

Ok, not constructive but I shall respond.

 

It has been a few years since I had dealings with dca's so things may have changed through the collection procedure but back then another site made the claim that no dca would waste money on court fees in the hope of getting paid.

 

I may or may not owe any money to a company but I sure as hell did not sign any agreement with a third party company that did not lend me money

[Ganymede]

It was constructive.

 

I answered your question.

[AndyOrch]

If you could read and complete the following noto.... posting your responses here... then we can give the correct advice on how to proceed and if its advisable to defend.

 

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

 

Regards

 

Andy

[notobailiffs]

In order for us to help you we require the following information:-

 

Name of the Claimant ? Cabot Financial (UK) Limited

 

Date of issue – . 17/09/14

 

Date for defence - 19/10/14

 

What is the claim for –

By an agreement between Bank of Scotland (Aqua Card) ("BOS") & the defendant on or around 20/11/2008 ("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 & the Agreement was terminated. The Agreement was assigned to the Claiment on 18/03/2011

 

What is the value of the claim? £576

 

Is the claim for a current or creditLOAN account or mobile phone account? Credit card

 

When did you enter into the original agreement before or after 2007? After 2007

 

Has the claim been issued by the original creditor or was the account assigned and it is theDEBT 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?Yes

 

Have you been receiving statutory notices headed NOTICE OF DEFAULT sums” – at least once a year ? No

 

Why did you cease payments:- Lost job, more important debts required attention (rent, council Tax)

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate anyFINANCIAL PROBLEMS to the original creditor and make any attempt to enter into a debt managementicon plan?No

[havinastella]

What was the credit limit of the card?

[notobailiffs]

£250

[Alloyz1]

Ok, not constructive but I shall respond.

 

It has been a few years since I had dealings with dca's so things may have changed through the collection procedure but back then another site made the claim that no dca would waste money on court fees in the hope of getting paid.

 

I may or may not owe any money to a company but I sure as hell did not sign any agreement with a third party company that did not lend me money

 

Its probable that the agreement you signed with the original creditor had transfer rights for the creditor to any other third party. If you signed that agreement, you agreed to the original creditor having those rights.

 

That doesn't mean the agreement was compliant with the appropriate regulations or you ever saw the terms an conditions, which I am sure someone will comment on once they have a look at it.

 

A

[BRIGADIER2JCS]

Its probable that the agreement you signed with the original creditor had transfer rights for the creditor to any other third party. If you signed that agreement, you agreed to the original creditor having those rights.

 

That doesn't mean the agreement was compliant with the appropriate regulations or you ever saw the terms an conditions, which I am sure someone will comment on once they have a look at it.

 

A

Hello AlloyZ1,

 

The debt is sold to a debt purchaser with all the rights, benefits an obligations of the original creditor (Law of Property Act 1925)

There is a "rash" of old Aqua cred debts showing up at present and the debt collection "industry" has become far more litigious of late.

 

 

Every CC agreement I have seen has always had a clause such "we may sell or assign to any 3rd party" (heirs/ successors, therefore Cabot is the legal owner of your alleged debt and can pursue payment through court action.

 

 

When did you last make a payment or written acknowledgment in regard to the debt?

Does the debt appear on your credit ref files? If so what default date shows there.

[Alloyz1]

Hi Brig

 

hope you are well?

 

Yes, every one I have seen also includes transfer rights for the creditor and no such rights for the debtor. Just pointing out to the OP they will probably need more than that line of defence to go on.

 

Never heard anyone on here stating 'No DCA will take you to court'? Seems very odd to suggest such a thing, given it is their last port of call should the suggested debtor not respond to their advances!

[BRIGADIER2JCS]

Hi Brig

 

hope you are well?

 

Yes, every one I have seen also includes transfer rights for the creditor and no such rights for the debtor. Just pointing out to the OP they will probably need more than that line of defence to go on.

 

Never heard anyone on here stating 'No DCA will take you to court'? Seems very odd to suggest such a thing, given it is their last port of call should the suggested debtor not respond to their advances!

 

 

Hi, yes I'm well thank you just had some Med sunshine for a few days!

I guess that there are some situations with debts were it is just not viable to pursue court action and this may have prompted such a response from some one on one specific debt.

 

 

I agree that use of the courts for recovering relatively small consumer credit debt should be considered the last resort, but lately some DCAs are making contact and then issuing claims very quickly.

 

 

It makes me wonder if some of the DCAs taking this approach because they fear the consequences when the FCA reviews the " temporary Permissions" on CC licences.

[notobailiffs]

HELP!!!!

 

I have just tried to submit my defence on mcol but it keeps informing me that the claim number or password are incorrect, but they are the claim number and password they provided on the claim sheet.

 

what is going on and how do I proceed with my defence which is due 18/10/14

[BRIGADIER2JCS]

Not sure if this is case/space sensitive? Try reformatting Case No and PW.

[notobailiffs]

I have tried all ways, All capitals, all lower case, some and some. Nothing works.

[AndyOrch]

You can email it to Northampton...there is a dedicated email address on the forms for defendants to use.

 

Do you not want any opinions on your defence before you submit?

 

Andy

[notobailiffs]

Thanks Andy, here is the details. I have scoured the site for close particulars to my case and borrowed parts to fit mine, hope that is ok.

 

CLAIM:

 

1.By an agreement between Bank of Scotland (Aqua Card)("BOS") & the Defendant on or around 20/11/2008

("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 & the Agreement was terminated.

 

3. The Agreement was assigned to the Claiment on 18/03/2011.

 

THE CLAIMENT THEREFORE CLAIMS: 576.22

 

DEFENCE:

 

I contend the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR 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 18, 2014 by Andyorch
Particulars numbered

[AndyOrch]

Excellent.

[notobailiffs]

Defence sent by email as court does not accept its own generated password for my case.

 

Thanks for all advice, will let you know what happens.

 

By the way how will I know if Cabot put a stop to this case or is it a case that if I dont hear from the court then nothing has happened and there will be no CCJ against me?

[notobailiffs]

Ackowledgement received from court of my defence, now waiting 28 days for Cabot to do nothing but probably pass my debt on.

[notobailiffs]

Update:

 

As the claimant is unable to produce documentation to back up their claim the claim is on hold and I believe will remain on hold indefinately

 

Game over