cabot/mortimer claimform - JDW CAT 'debt'

[haggis0073]

hello everyone,

 

i have had a county court from cabot and mortimer clarke regarding a JD williams account and

 

have done the AOS,

 

i have sent a cca request to cabot and allowed them the 12+2 days to reply and

they have failed to do so,

 

i also sent a cpr request to mortimer and

they did reply saying that they will allow a 28 day extension.

i have notified the courts and sent a copy of the extension letter via email which they confirm they received.

 

My worries are about my defence.

 

i got defaulted in june 2009 according to my credit file but am 90% sure this debt is statute barred

but i cannot find any paper work to help back this up.

 

now when i issue my defence i will initially state that cabot have failed to comply with the cca request

and that i do not aknowledge this debt,

but could i also add in the fact that i believe this debt is statute barred

or would that contradict the fact i am saying i do not aknowledge the debt.

 

any advice would be greatly appreciated

 

Name of the Claimant - Cabot Financial (UK) Limited

 

Date of issue - 27/02/2015

What is the claim for -

 

By an agreement between JD williams T/A The Brilliant Gift Shop (BRIT) & the Defendant dated 21/03/2008 ('the agreement')

BRIT agreed to issue the Defendant with a credit account 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.

THE CLAIMANT THEREFORE CLAIMS 1.1119.31

 

 

What is the value of the claim - 1168.21

the claim is for a jd williams account(catalogue)

 

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 the Debt purchaser who has issued the claim. Cabot,

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? do not recall

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

Why did you cease payments? not sure, 90% sure its statute barred

What was the date of your last payment? see above

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? no

[dx100uk]

no payment history on noddle see below?

[haggis0073]

all it says on credit file is that it was defaulted in june 2009, on equifax it shows the 2009 year with a red D in june, the rest are blank

[haggis0073]

here is a link of what my equifax shows of the 2009 year

[haggis0073]

http://postimg.org/image/4yq26vapn/

[dx100uk]

Tuesday 31st by 4pm. filing deadline.

 

 

cant you ring JDW and ask when was you last payment or order

 

 

if you can prove SB it would kill the claim

 

 

dx

[dx100uk]

try noddle below

see if payment details show

[haggis0073]

noddle only goes as far back as feb 2012 for cabot, which is wierd cuz the rest of my stuff goes back further. if i ring jdw and ask when last payment was made, would that be acknowledging the debt?

[dx100uk]

no

dx

[haggis0073]

well i have to get my defence in by the 1st april and have this so far, does this seem ok to send

 

 

1: I received the claim (xxxxxxx) from the Northampton County Court on 27 February 2015

 

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

 

3: This claim appears to be for a Catalogue Account agreement regulated under the Consumer Credit Act 1974.

 

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

 

6. The Claimants statement of case states that the account was assigned to the claimant. The Defendant does not recall receiving notice of this assignment.

 

7. It is denied that JD Williams T/A The Brilliant Gift Shop served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

 

8: On the 05/03/15 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke. I requested the Claimant provide copies of the Agreement, Default Notice, termination of notice and Notice of Assignment.

 

9. Mortimer Clarke has not sent any of these documents to me.

 

10. On the 05/03/15 I sent a formal request for a copy of the original agreement to Cabot Financial pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

 

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5).

 

13. To this date I have received no information from either parties

 

14. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

 

15. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

 

16. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

 

17. It is denied that the Claimant is entitled to the relief as claimed or at all.

 

Statement of Truth

 

The Defendant believes that the facts stated in this Defence are true.

[dx100uk]

ring JDW tomorrow IMPORTANT

 

 

 

 

that defence is not too good.

[haggis0073]

i did ring jdw but they had nothing on file and said to contact the dca as they have now taken over. defence is due by tomorrow so not looking good then

[haggis0073]

Is this any better

 

Particulars of claim

 

By an agreement between JD williams T/A The Brilliant Gift Shop (BRIT) & the Defendant dated 21/03/2008 ('the agreement')

BRIT agreed to issue the Defendant with a credit account 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.

THE CLAIMANT THEREFORE CLAIMS 1.1119.31

defence

 

1. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

 

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.

 

7. 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.

[haggis0073]

i really want to add a statute barred part aswell because i defaulted in june 2009 which my credit report shows but does not show any payments before of after. normally a default comes after 2-3 missed payments and numerous chasing letters which takes the last payment date back even further. I am 95% sure its statute barred

 

Any tips on how to add this into my defence or does the defence have to be like the one above (lack of documents), or a statute defence on its own. i.e you cant defend with both defences????

[dx100uk]

its for them to prove SB not you.

 

so you could file the simple SB defence

 

of

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

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

nicked from Andyorch

 

...............

 

 

however, heres an example defence other wise

aligned to their poc numbers mind!!

 

 

Here is a recent Cat defence that Andyorch drafted for another poster

which was successful in the claim remaining stayed.

You will have to edit slightly to suit and add your requests for CCA /CPR ect.....

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

 

Defence

 

 

1. 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.

 

2.Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but any alleged balance is and remains in dispute for faulty goods/services.

 

3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago.

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, 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 how the Claimant has the legal right, either under statute or equity to issue a claim;

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

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 Consumer Credit Act 1974.

 

7.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.

Regards

Andy

***************

 

 

 

 

do not mix SB with anything else

[haggis0073]

cheers, so if i go with SB defence and on the very small chance they could find a payment (highly unlikely) was made would that be game over for my defence and ccj issued

[dx100uk]

well they'd still need enforceable paperwork.!!

 

 

upto you which way to jump

 

 

dx

[haggis0073]

i am going with the statute barred defence. i am pretty certain so here goes. so all i do is paste this into mcol defence page, and insert my name at end

 

thanks dx

 

1 The Claimant's claim was issued on (27/02/2015).

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

xxxxxxx

[AndyOrch]

You don't insert your name...I assume you are submitting vis a MCOL?

[haggis0073]

yea

[AndyOrch]

Then it does not require a statement of truth or name.

[haggis0073]

ok cool cheers