Cabot/? Claimform - 2004 Marbles Card 'debt'***Claim Struck Out***

[sasher01]

My wife has just received some Court papers from Northampton County Court regarding a debt with a Marbles credit card.

 

 

The account started in March 2004 and went into default in April 2009. The amount claimed excluding Court & Solicitors costs has increased by £251.73 since the date of default so I don't know where that comes from.

 

 

When she stopped paying Marbles due to financial difficulty and they started getting heavy with their threats she sent off a CCA request. All she got in response was a copy of their T&C's so we put it to bed.

 

 

Later Cabot get their grubby little hands on it, according to her credit file in June 2010. Their threats start and we send a CCA request and of course they can't supply one. The threats died off until a few months ago when she starts to get letters saying "pay up or we may take Court action". She ignored these and she now gets these Court papers this morning.

 

 

Need to know how to go about defending this claim so any help gratefully received. We have been doing a lot of work on the house and have either mislaid or thrown out any of the old paperwork relating to this account.

 

 

TIA for any assistance.

[ScarletPimpernel]

Moved to Financial Legal Issues, where you are more likely to get appropriate help.

[theoldrouge]

please read and answer the following as fully as possible

 

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

[sasher01]

I have just looked at an old hard drive which has some letters which we sent to Marbles and others.

 

It would seem that the account entered difficulties early 2009 and

 

 

a CCA request was sent to Marbles on 19th January 2009.

 

30th November 2009 this was sent to Robinson Way who were the first of the leaches to get their hands on it:

 

I must admit that I am rather bemused as to why this account has been passed to yourselves,

as it is in dispute with Marbles and has been since 9th February, 2009.

 

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974.

 

As Marbles are now in default of my Consumer Credit Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted,

under s127 this constitutes a complete defence at law. Etc. Etc.

 

On 18th May2009,

the same letter as above was sent to 1st Credit.

 

 

Robinson Way passed it on to them as they didn't have a leg to stand on.

 

 

That was the end of it until Cabot started.

 

 

 

 

 

 

 

 

 

[sasher01]

You have received a claim form.14/11/2014

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

 

Name of the Claimant ? Cabot Financial

14th November 2014

 

The Claimant's claim is for debt(s) arising from Consumer Credit Act 1974 agreement(s).

The Claimant is an assignee of the following debts,

notice of the assignment having been given to the Defendant in writing.

Bank of Scotland (marbles credit card). Account no. xxxxxxxxxx#1,800.

Despite demands for payment, the above sums remain due.

The Claimant therefore claims the sum of #1,800

interest under s.69 County Courts Act 1984 and costs.

What is the value of the claim? £1800... rounded up.

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? 2004

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. Assigned to a debt purchaser then passed on to others.

Were you aware the account had been assigned – did you receive a Notice of Assignment? Don't think so.

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 ? Never

Why did you cease payments:- Financial difficulties

Was there a dispute with the original creditor that remains unresolved? Never received signed copy of CCA, only T&C's

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Yes but they were not interested.

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so

– send a CCA1974 Section 77/78/79 request to the claimant for a copy of your agreement Have done so before but will do again..Done

(except for overdraft/ Mobile/Telephone accounts)

 

Send a CPR31.14 request to the solicitor named on the claim form

for copies of documents mentioned/implied within the claim form.

There are two different versions - one for Loans/Credit cards the other for Current accounts Done.

[theoldrouge]

cca request to cabot

 

cpr31.14 request to claimants solicitors

 

send both recorded

 

register with mcol

 

acknowledge service

 

tick defend all

[sasher01]

Thanks. What's mcol?

[theoldrouge]

money claims on line

[citizenB]

Please keep an eye on your timeline which is..

 

Issue date 14.11.2014 + 5 days for service = 18.11.2014 + 14 days to acknowledge = 02.12.204 + 14 days to submit defence = 16.12.2014

 

You can acknowledge and submit your defence online. Make sure you acknowledge by 2nd December - you will then be able to claim the extra 14 days to submit your defence (if you are going to defend)

 

Their claim says they provided you with a Notice of Assignment, but you say it hasn't been received, nor have you received any other statutory document eg the Default Notice or Notice of Sums in Default.

 

What did you request by way of the CPR ?

[sasher01]

Thanks everyone.

 

 

Citizenb I requested the following:

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2: the Assignment

 

3: the Default Notice

 

4: Statement of Account

 

[sasher01]

Yesterday, posted off the CCA request to Cabot's, CPR to the solicitor and acknowledged intention to defend on MCOL.

 

 

So now I suppose we just wait and see if anything turns up?

[AndyOrch]

And keep your eye on your defence date.

 

Andy

[sasher01]

Received a reply to the CPR request this morning from the Solicitor. It made us smile that it appears from their records that they have never received a request for documentation.

Not surprising really considering we've never heard of them until now!

 

 

They go on to say that they have requested the documentation from their client (Cabot?) and upon receipt we will forward you the same. Please be aware it can take 6 - 8 weeks for these documents to be received.

 

 

Firstly, why are these solicitors allowed to approach the Court to lodge a claim without having any documentation?

Secondly, 6 -8 weeks? I only don't have that long to wait to lodge a defence.

[theoldrouge]

regardless of what you do/do not receive you MUST NOT miss your defence submission date

[sasher01]

Latest Update:

 

 

We submitted the defence in time and all went quiet since the letter from the solicitor Wright Hassall I mentioned in post 13, until today.

 

 

We have just received a Notice of Proposed Allocation to the Small Claims Track from the Court and another letter from the solicitors which I have posted to view. We have to respond to the Small Claims Track by 12th February 2015.

 

 

Have still not seen anything which constitutes a CCA or had anything back in response to the CPR.

 

 

What do we need to do now???

 

 

Thanks.

[AndyOrch]

Can you post your defence to thread that you submitted sasher01

 

Andy

[sasher01]

This was the defence submitted:

 

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.

 

The claim is denied with regards to an amount due under an agreement.

The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon.

 

I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

 

On receipt of this claim I requested information pertaining to this claim from Wright Hassall Solicitors by way of a CPR 31.14.

To date I have yet to receive a compliant response.

This was posted on the 18th November and signed as received on the 19th November.

 

 

The claimants Solicitor, Wright Hassall, responded to this request on 19th November 2014.

They acknowledged they were requesting documentation from their client.

 

I have requested information pertaining to this claim from Cabot Financial (UK) Limited by way of a Section 77/78 request on 18th November.

They acknowledged they were requesting relevant documents from the original lender.

To date I have yet to receive a response complying with the request.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into an agreement; and

 

(b) Show and disclose how the Claimant has reached the amount claimed for;

 

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

 

As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

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 Consumer Credit Act 1974.

 

 

 

[AndyOrch]

Just complete and submit the DQ by the date stated.

[sasher01]

Sorry but can you elaborate on this please?

 

 

Submit the DQ,

is this the Directions Questionnaire?

What do I put on it, exactly the same as I have for the defence or something different?

Can this be done online?

 

Should I be responding to the solicitor in some fashion reminding him that his clients have failed to supply a CCA

and to date he has failed to fulfil the CPR?

[dx100uk]

Sorry but can you elaborate on this please?

 

 

Submit the DQ,

is this the Directions Questionnaire? yes

What do I put on it, exactly the same as I have for the defence or something different? something diff go read similar threads here and in the successes forum

Can this be done online? no

Should I be responding to the solicitor in some fashion reminding him that his clients have failed to supply a CCA

and to date he has failed to fulfil the CPR?

no

use the red top search CAG box

 

this forum your are in

 

and

 

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

 

 

 

[sasher01]

Thanks for that dx.

 

 

Just got in from work and will do some more reading once I've had a few hours kip.

 

 

Just one more question..

 

 

Why do they think they can go to Small Claims when they and so many other DCA's have so far failed to provide an enforceable CCA?

[dx100uk]

speculative claim hoping for a undefended default judgement

tough you came to CAG.

 

 

dx

[sasher01]

Great. They want a fight then? They've come to the right place.... with the help of you guys of course!!

[citizenB]

If you are returning the DQ by post - do please send it by tracked mail - if this is not possible due to financial restraints, at least obtain a free proof of posting from the post office.

 

You should send a copy of the DQ to the claimant's solicitor - just obtain a free proof of posting for this. In a perfect world, they will do you the courtesy of sending you a copy of theirs.

 

Keep a copy for your own records.

[AndyOrch]

Yes to mediation and the rest is self explanatory...post to thread if you are unsure.

 

Andy