Cabot/Mortimer Claimform - Old Shop Direct CAT debt

[TheDude1]

Hi,

Can someone please confirm I have the correct date to file a defence against a claim.

I dont want to get this wrong!

 

Claim Form issue date:

27th Feb 2015

 

Defence Deadline:

31st March

 

Also, I have read to file it at midnight (MCOL), is this midnight on the 30th or 31st?

Thank you

[dx100uk]

4pm Tuesday 31st

[TheDude1]

Excellent, thanks DX

[dx100uk]

tell us about the debt and your proposed defence

[AndyOrch]

Hi,

Can someone please confirm I have the correct date to file a defence against a claim.

I dont want to get this wrong!

 

Claim Form issue date:

27th Feb 2015

 

Defence Deadline:

31st March

 

Also, I have read to file it at midnight (MCOL), is this midnight on the 30th or 31st?

Thank you

 

Its actually the 1st April 400pm (allowing for Good Friday) but I would go with DXs to play safe.

 

Andy

[TheDude1]

Its actually the 1st April 400pm (allowing for Good Friday) but I would go with DXs to play safe.

 

Andy

 

Thanks andy

 

tell us about the debt and your proposed defence

:

Ok, my debt is very similar to this thread (even the particular of claim is the same)

And I have copied the defence from this thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?441152-Cabot-mortimer-Claimform-old-JDW-Marisota-cat-debt/

 

POC

 

1. By an agreement between JD Williams ( ) & the Defendant

dated 28/03/2013 ('the Agreement') agreed to issue the Defendant

with a credit account upon the terms & conditions set out therein.

 

2. In breach of the Agreement the Defendant failed to make the minimum

payment Due & the Agreement was terminated.

 

3. The Agreement was assigned to the Claimant.

 

4. THE CLAIMANT THEREFORE CLAIMS 1.1015.88

 

Defence

 

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.

 

1.Paragraph 1 is noted. I have in the past had an agreement with JD Williams but do not recognise this specific account and have requested clarification by way of a CPR 31.14 and section 78 request. To which the claimant has yet to respond.

 

2.Paragraph 2 is denied, I am unaware of any existing outstanding balance or breach, nor ever received a termination notice from the original creditor.

 

3.Paragraph 3 is denied I am not aware I received any Notice of Assignment from the claimant nor the original creditor.

 

On receipt of this claim I requested information pertaining to this alleged debt from the Claimants solicitors by way of a CPR 31.14 on the 09th of March 2015 by recorded delivery.

 

Furthermore a CCA section 78 Request was sent to the claimant Cabot, by recorded delivery on the 08th of March 2015 as of now both the Claimant & their Solicitors have failed to respond with the requested documents.

 

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, and by a CCA Request, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; 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 crediticon 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.

 

My situation was similar to Johns thread posted above. I tried to keep up the demanded payments, but they would not accept smaller payments... So they passed it on.

 

Thanks

[dx100uk]

which means when all this is done

its time to get reclaiming those PENALTY charges.

 

 

dx

[TheDude1]

Will do dx