Cabot/Mortimer Claim Form On:Line Finance 'debt'

[gemstar01]

Hi all,

 

On Saturday I received a claim form through from Northampton for an old loan with On:Line Finance which ultimately sold the debt to Cabot which are now chasing me through the courts.

 

Below I have filled your form:

 

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Name of the Claimant ? Cabot Financial UK Limited

Date of issue – 17th September 2014

Timeline for defence - 19th October 2014

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

Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

The claim is for the balance of instalments due and unpaid under an agreement regulated by the Consumer Credit Act 1974 under which On Line Finance agreed to sell the defendant goods for a price payable by instalments ("the Agreement").

The Agreement was assigned to the claimant on 30/09/2008.

 

PARTICULARS

1. Amount due and unpaid 8000

The claimant has complied with sections III and IV of Practice Direction - Pre-Action Conduct

THE CLAIMANT THEREFORE CLAIMS:

1. Amount due and unpaid 8000

 

What is the value of the claim? 8600£

Is the claim for a current or credit/loan account or mobile phone account? Motorloan

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

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. The Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, October 2008, after I had last made a payment for the agreement

Did you receive a Default Notice from the original creditor? Can't remember

 

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

Was there a dispute with the original creditor that remains unresolved?

 

Yes, regarding the repossession in 2004

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

 

I did enter a DMP yes, although my most recent payment to this was Sep 1st 2008.

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I am sending off today a CCA and CPR requests to Cabot and Mortimer.

 

My question really is whether the debt should now be statute barred.

I have checked and checked my paperwork and I cannot find any payments other than the payment on Sep 1st 2008,

which was to a DMP (CCCS).

 

 

Cabot sent me letters after this, explaining they bought the debt and they wanted payments,

but, as far as I can tell, I never made a payment after Sep 2008.

 

 

They have somehow traced me to my current address, years later.

I'm not even sure i have ever directly communicated with Cabot.

 

They cite on the particulars that they were assigned the agreement on 30/9/2008,

but that doesn't make any difference in terms of SB if I haven't made a payment since 1/9/2008 right?

 

I plan to defend on the basis the debt is statute barred,

but any advice/help would be appreciated!

[AndyOrch]

Is anything showing on your CRAs gemstar with regards to this loan?

 

Andy

[gemstar01]

Hi Andy,

 

No, anything to do with this fell off my credit file long ago.

[AndyOrch]

Then if it has shown in the past ...which implies that a default was placed in or around September 08 so in effect it should still be showing until the end of this month (Sept 14) then it has not reached its 6th anniversary ?

 

I personally would be submitting the statute barred defence...but the above is a little concerning.

 

Andy

[gemstar01]

I think the original default was in 2004.

[AndyOrch]

Ah ok so the account was already in trouble and you was on a payment plan or reduced payments?

[gemstar01]

I bumbled through after they repossessed in 2004 and

made limited payments through DMP when I could.

 

 

My mum then got cancer and died a while later,

I lost the plot,

moved house, and

lost track of mostly everything.

 

 

Years later they have slapped me with a claim form.

 

 

I checked my papers and

the most recent payment or acknowledgement I could find was a payment to the DMP on 1/9/2008.

 

 

The OC then sold the debt to Cabot on 30/9/2008, but I don't think i ever made a payment to them.

[AndyOrch]

Acknowledge the claim now (if not already) using MCOL and then submit the following:-

 

 

Here is a form of limitation defence to a claim based upon a simple contract. There may be other grounds of defence in this particular case, but this defence alone will serve to defeat the claim assuming the facts stated in it are true.

 

 

 

1 The Claimant's claim was issued on 17th September 2014.

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

Regards

 

Andy

[gemstar01]

Here is a form of limitation defence to a claim based upon a simple contract. There may be other grounds of defence in this particular case, but this defence alone will serve to defeat the claim assuming the facts stated in it are true.

 

1 The Claimant's claim was issued on 17th September 2014.

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

 

Thanks Andy. To clarify, I should write everything in your quote, including the sentence in pink? Just put the whole thing in the defence box in MCOL?

[AndyOrch]

No not the pink that was for your benefit

[gemstar01]

Ok thanks for your help andy. Is it ok if I post here when I get some response back?

[AndyOrch]

I would hope you would...its your thread:lol:

[gemstar01]

Hi, so a quick update on this one.

 

I sent my statute barred defence off on 23rd September. The same day I sent off a statute barred letter to Cabot, and a CCA request.

 

The following week my defence was acknowledged by the court and also the solicitors (Mortimer Clarke).

 

Then, on the 15th October, I received a letter stating that due to them not having the information to comply with the CCA request, they would not be pursuing collection of the account.

 

So, I guess the question is, what should I be doing now? Are the court (CCBC) obliged to inform me if a claim against me has been struck out or discontinued? I haven't had anything from the court since they sent me a letter stating they had received my defence and would be forwarding onto the claimant, and that was at the beginning of October. I also never got anything more from Mortimer Clarke.

 

If I ring up the court, will they be able to tell me if the claim has been discontinued, and if I find out it hasn't (maybe stayed instead), do I need to be getting a set aside for this?

 

Any help appreciated xx

[AndyOrch]

"So, I guess the question is, what should I be doing now? Nothing Are the court (CCBC) obliged to inform me if a claim against me has been struck out or discontinued? Yes I haven't had anything from the court since they sent me a letter stating they had received my defence and would be forwarding onto the claimant, and that was at the beginning of October. I also never got anything more from Mortimer Clarke.Thats because nothing is happening

 

If I ring up the court, will they be able to tell me if the claim has been discontinued,no need to see above and if I find out it hasn't (maybe stayed instead), do I need to be getting a set aside for this?" Nothing to set a side

 

Regards

 

Andy

[gemstar01]

Hi Andy,

 

So surely, if the court are obliged to tell me if a claim has been discontinued, which they haven't done so, then surely the claim is still active? In which case I should be doing something? Nobody has actually told me the court claim has now been stopped, which is why I feel as though I should be doing something. And if the claim is still active, then surely it's the claim that needs to be set aside?

 

Thanks

[AndyOrch]

No...when a claim is issued and a defence is submitted with no response from the claimant and the claimant has not instructed the court to proceed then it is nothing more than a speculative claim...only when its allocated to track does it become a claim.

 

You cant set a side a claim only a judgment.

[gemstar01]

Oh right, so because it hasn't been allocated a track (which I assume is after the questionnaire stage and would mean I would know about it), then it isn't even a claim so it's basically now null and void?

 

Does this mean that with regards to this particular claim with this particular claim number, can they continue this process at any time or would they need to start a new claim?

[AndyOrch]

No they can make application to resurrect the claim by lifting the stay...with justification subject to how long it remains stayed.

[gemstar01]

And is there anything I can do about that? As you said I cannot set it aside so I guess my powers are limited?

[AndyOrch]

Not really...if you make application to lift the stay you have to have justification and reason on what your application is based on......which cant be "I dont want a stayed claim."

 

If they make application to lift the stay you can oppose it for whatever reason you consider fitting...but the longer its left stayed the harder it is for them to ressurect.

 

So in other words ...forget about it for now and prepare for Xmas:-D

[gemstar01]

Ok Andy, thanks so much for your help on this. It's been appreciated!