Cabot/Mortimer claimform - old RBS Credit Card 'debt' - Time for some help

[alchamist]

Hi guys,

 

I have been lurking on these excellent forums for a while now (wow do I wish I'd found them sooner!) but now it's time to ask for some help on behalf of the wife who has received a claim form.

 

Name of the Claimant: Cabot Financial

 

Date of issue: 05 May 2015

 

What is the claim for:

 

 

By an agreement between ROYAL BANK OF SCOTLAND (RBS) & the Defendant on or around 14/04/2005 ('the Agreement')

RBS agreed to issue the Defendant with a credit card upon the terms and 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 650.

 

What is the value of the claim? £770

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card

 

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. Debt Purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Unknown about NoA

 

Did you receive a Default Notice from the original creditor? Unknown

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that we can remember

 

Why did you cease payments? Redundancy and financial difficulties

 

What was the date of your last payment? Unknown as was in a DMP for a while around 2011

 

Was there a dispute with the original creditor that remains unresolved? Not yet

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Yes - CAP around 2011

 

Would I be right in thinking the first steps would be to acknowledge the claim on MCOL, CCA Cabot and CPR to Mortimer Clarke?

[unclebulgaria67]

Yes acknowledge the claim via MCOL and send the CPR 31.14 letter to Mortimer Clarke by standard recorded delivery asking for, copy of original CCA, copy of default notice, copies of statements of account from the date of any default, copies of any statements showing the last payment received by creditors and a copy of the termination notice.

 

Not sure I would send the CCA to Cabot, if Mortimer Clarke are representing them. Mortimer Clarke would have to get hold of the documents.

 

Then see what comes back. It is unlikely you will get the documents back by the time of having to complete the defence, so you would enter a defence that a CPR 31.14 letter had been sent and could not enter a full defence until the documents requested had been supplied by the creditors Solicitors. But come back for more advice on this when you have to put in your defence.

[alchamist]

Thanks UB - can I just double check when we would need to file a defence by?

[unclebulgaria67]

Thanks UB - can I just double check when we would need to file a defence by?

 

See this thread

 

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

[alchamist]

I had read that, but it seemed at odds (33 days) with the paperwork (28 days) ... Was just checking I wasn't missing something as usual

[unclebulgaria67]

I had read that, but it seemed at odds (33 days) with the paperwork (28 days) ... Was just checking I wasn't missing something as usual

 

They allow 5 days for the claim form to arrive with the debtor, which is the diff between 28 and 33 ! Sometimes there is a delay between the claim form issue date and the claim form hitting your doormat.

 

Given that the credit card was only taken out in 2005, they may be able to supply all of the documents and then you would have to think about what to do. Unless you spot some error, then it will end up with a CCJ if not paid in full within 30 days of judgement. You can then ask to pay monthly based on affordability.

 

It may be worth discussing this with National Debtline. If you think there is only a slim chance of being able to defend and are not worried by a CCJ, then you might think about accepting it and asking to come to a payment arrangement. In this situation I think it is probably best to consider options, rather than just thinking you will defend and then up in a months time not being able to and having to come to a payment arrangement anyway. I say this, as you have not mentioned anything which would be a real defence and may be clutching at straws thinking the documents or lack of, will come to your rescue.

[alchamist]

Please understand that we are not, nor are we trying to be "debt avoiders" and have successfully negotiated repayments with creditors where applicable. I originally posted here to try and assist my wife in dealing with, what is for her, a fairly stressful situation and having read other threads on here believed that this was the correct course of action, especially as we believe there is PPI and other (as I understand it) unlawful charges on the account.

 

However given that it appears my original post has caused either offence or misunderstanding, I ask the admin to delete this thread accordingly and I apologise for the inconvenience.

[Ganymede]

What offence are you on about?

 

You've had three replies from UB and they've all been very helpful.

[AndyOrch]

CCA request goes to the Claimant...not Solicitor......alchamist your post has not caused offence or any misunderstanding...Uncle Bulg is merely pointing out your options.

 

No one is judged on CAG for the actions or reasons for defending a claim....it is your right to defend.

 

Regards

 

Andy

[alchamist]

Again, apologies, but it seemed that it was a "take the CCJ" type post, which I put down to be my misunderstanding due to lack of sleep from a 7 week old.

 

Is it worth defending then, or do we just accept liability?

[AndyOrch]

Always defend a DCA claim...they are merely after a default Judgment.

[alchamist]

That's what I thought originally - hence my post. Thanks Andy

[unclebulgaria67]

That's what I thought originally - hence my post. Thanks Andy

 

Not looking to cause any offence. Just probing whether you have reasons for defending that stand a chance and to consider the options. You cannot know whether people who post on CAG are capable of dealing with these matters and seeing it through to the end. Hence why I suggested contacting National Debtline to discuss this further, so you were aware of your options. We see so much advice being given on CAG without updates, that you wonder what has happened. Some people may benefit from talking with someone from a debt helpline, so they fully understand their situation.

[alchamist]

Thanks UB. Fully intend (with the help of CAG!) to see this through and update as required on here.

[unclebulgaria67]

Thanks UB. Fully intend (with the help of CAG!) to see this through and update as required on here.

 

Just make sure that if you have issues with PPI etc, that you have this fully documented to evidence if this gets to court. If you don't have copies of letters about this, then you should register written complaints with RBS and follow it through.

 

Unfortunately, you do read cases on here where people have entered in their defence issues about PPI/excess charges, but when it is probed what they have done about it, the response is nothing. So just make sure you have this covered off.