Cabot/Mortimer 2*claimforms - 2*old RBS card 'debts'

[Lots]

Hi really hope someone can advise me..

 

I received two court claims on the same day from Cabot through County Court Business Centre.

Dated 29th April 2015. They relate to debt from 15 years ago.

 

One in my old name and one in my current name

 

I wish to defend both of them.

 

Particulars of claim are:

Claim 1)

 

By and agreement between Royal Bank of Scotland ( ) & the defendant on or around 03/06/2000 ('the agreement')

agreed to issue the Defendant with a credit card upon the terms & conditions set out therein.

 

 

in breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement.

 

 

The agreement was assigned to the Claimant.

 

 

The claimant therefore claims 3479.86

 

Claim 2)

 

By and agreement between Royal Bank of Scotland ( ) & the defendant on or around 08/09/1999 ('the agreement') agreed

to issue the Defendant with a credit card upon the terms & conditions set out therein.

 

 

in breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement.

 

 

The agreement was assigned to the Claimant.

 

 

The claimant therefore claims 4969.80

 

I submitted the acknowledgement of service and requested a copy of the agreements from Mortimer under CPR 31.14 and copies of the CCAs from Cabot.

 

Mortimer replied on 13th May regarding claim 2 saying ,

they are willing to the extension,

and I must notify the court in writing of the agreement.

 

 

It also says they believe i have already inspected the documents.

They want me to confirm what documents

I have to avoid duplication and then they will take their clients instructions.

 

Mortimer replied on 19th may regarding claim 1

just saying they are taking their client’s instructions and will come back to me, again I need to notify the court

 

Question 1) do I need to notify the court and what do I say?

 

In between the two letters I got two further letters from Mortimer both the same but relating to each claim separately (see below)

 

We were instructed recently to issue proceedings for an outstanding sum owed by you to our client Cabot Financial (UK) limited.

The particulars of clai referred to an agreement between you and Equidebt.

We have however been informed by our client that the original creditor is RBS.

This does not affect your liability to repay the outstanding balance to our client.

 

It would be possible for our client to seek to formally amend the particulars of claim; however we do not propose to do this.

 

We suggest that the parties focus on addressing the outstanding balance rather than the procedural aspects.

If you take different view, please let us know, and provide your consent for our client to file and serve amended particulars of claim.

 

If you have responded to the proceedings please let us know in 7 days if your position has changed.

 

If you have not responded we have been instructed to provide you with an additional 7 days to respond to the court proceedings.

If we do not hear from you within this time we are instructed to request judgement by default without further notice to you

 

Question 2) What is this all about and what do I need to do!?

 

I have also received from Cabot on 18th May two letters both the same saying:

 

Thank you for your request for information under the CCA.

We currently do not have this information on file, however have requested it from the lender.

We anticipate that we will be able to provide this information within 40 days.

 

 

In the event we are unlikely to obtain this information within those time limits we will write again

 

Question 3) What do I do now?

I calculate I have until 1st June to file the Defence but without any documents what do I do?

 

 

This debt is soooooo old that I have no idea if this amount is right or not either.

 

Many thanks in advance for your help

[Bazooka Boo]

When did you last pay anything towards these debts?

 

If it was 15 years ago then they are well and truly SB!!!

[dx100uk]

please fill this in

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(4-Viewing)-nbsp

[dx100uk]

as for all the silly letter

let it run

 

 

yo've sent the CCA's requests

and no you don't allow/accept an extension..

 

 

why give them more time to magic up paperwork?

 

 

so its the old equidebt saga

pass it on

to obscure the true debt.

 

 

what does your credit file say on these two debts.

[Lots]

Thank you for replying

 

Name of the Claimant ? Cabot

Date of issue – 29th April 2015

Date of def filing - 1st June

What is the claim for –

By and agreement between Royal bank of scotland ( ) & the defendant on or around 08/09/1999 ('the agreement') agreed

to issue the Defendant with a credit card upon the terms & conditions set out therein.

 

in breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement.

The agreement was assigned to the Claimant.

The claimant therefore claims 4969.80

 

What is the value of the claim? this is the biggest one they are both the same except the date is slightly different on the particulars

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card I think, but could be a loan

When did you enter into the original agreement before or after 2007? before 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. Debt purchaser - Cabot

Were you aware the account had been assigned – did you receive a Notice of Assignment? no idea I've moved a couple of times

 

Did you receive a Default Notice from the original creditor? Can't remember it's nearly 15 years ago

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't know

 

Why did you cease payments? relationship breakdown

 

What was the date of your last payment? ?? I was paying £5 per month to equidebt until the beginning of this year

 

Was there a dispute with the original creditor that remains unresolved? unable to sort out at the time

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managment plan plan? no

 

In answer to your other question:

These debts fell off my credit record years ago, my credit record is clear of any debt

[Lots]

When did you last pay anything towards these debts?

 

If it was 15 years ago then they are well and truly SB!!!

 

 

 

Unfortunately for me I was paying £5 per month to equidebt until the beginning of this year when they sold it to Cabot, didn't realise.

[dx100uk]

[edited]

 

 

as you've been paying to EQ

then unless the debts were SB's before you started paying EQ

you cant file an SB defence

 

 

so you will prob need to ADAPT and file the holding/no paperwork defence

 

 

dx

[dx100uk]

something like:

 

 

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 upon CPR r 16.5 (3) in relation to which a specific response has not been made.

 

2 Paragraph 1 the Defendant accepts that he has held various accounts with Lloyds Bank PLC but the amount claimed is denied. Furthermore the claimant is in default of a request made under section 78 of the CCA 1974 made on 6th November 2014 which has not been complied with and this agreement is disputed.

 

3 Paragraph 2 is denied. I am not aware of ever receiving a Notice of Assignment pursuant to the Law and Property Act 1925 from either the original creditor or the claimant.

 

4 Paragraph 3 is denied. I dispute any agreement and I have not received a Default Notice. Pursuant to my CCA Request in paragraph 2 above, the claimant is forbidden to enforce any agreement or request any relief until such time that they comply with a section 78 request and serve a valid default notice.

 

5 I have requested copies of the documentation relied upon by way of a CPR 31.14 request dated 6 November 2014, the claimant in his reply dated 11 November has refused to supply any supporting documentation.

 

6 It is therefore denied with regards to thee Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of contract, default or assignment 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

 

C show how the Claimant has the legal right either under statute or equity to issue a claim.

 

7 As per the CPR Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8 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 and Property Act and Section 82A of the Consumer Credit Act 1974.

 

9 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.

[Lots]

Sorry, 29th April not 19th. I'm frazzled!!

 

 

Yes I'm guessing I can't do the SB even though it's so very old.

 

 

Thank you so much for your suggested defence response. Is there anything I need to do about the 'nonsense' letters I got referring to equidebt as they just don't make any sense

[Lots]

Or the suggestion I already have the information?

[dx100uk]

if you read a few threads here you'll see those are std responses to unsettle defendants and introduce

even more schanigones to unsettle them.

 

 

9/10 where equidebt are involved

the debt is normally always a lemon or SB long long ago .

and the punter got spoofed into paying again.

 

 

its quite a typical trick to sell it on several times too

to try and hide the real truth about the debts origins

then issue a speculative claimform in the hope of a non contested default judgement

 

 

pers i's stick by the tried and tested methods

 

 

CCA the claimant

and file the holding defence when nothing comes back

 

 

now as you appear to have a few days yet then.

 

 

it might pay you to investigate the real status of the debts and payments.

 

 

if at anytime therewas a period of 6yrs whereby you did not pay or sign a letter about these debts

they could be already SB's by the time they spoofed you into paying

often the case.

 

 

I notice this is two claims and 2 debts.

one is poss not SB'd

but the other might well be?

[Lots]

Apologies for delay, been searching through old paperwork trying to see what I can find.

 

It looks like one of them, possibly both, were SB before I started paying equidebt. But I'm not 100%. I have no way of checking for sure. Any advice?

 

What's a 'lemon'?

[dx100uk]

have you ack'd the claim

and sent CCA/CPR off yet?

 

 

get the important things moving first

 

 

dx

[Lots]

Yes I did all that when I got the claims. Not had anything back except holding letters. I need to file my defence by end of week

[Lots]

Hi

I need to file my defence today but not sure whether to include anything about the debts being SB prior to starting to pay equidebt. I'm not sure if they are SB or not? One more likely than the other. If I do include it what do I need to say?

Your help is appreciated

Thank you

[Bazooka Boo]

I believe it would be along the lines of the fact that you haven't had sight of the documents you requested,

and therefore are unable to mount an informed defence, so would ask that until you have seen these documents

the claim be stayed.....

 

But I'm no legal guru!

[Lots]

Just not sure how to word all of that? minefield all of this!

[Bazooka Boo]

Have a look around... https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15#15.2

 

or type into google 'holding defence'

[dx100uk]

post 8

already covered

 

 

dx

[Lots]

Sorry, my ignorance.

 

 

I was a bit confused by that one as it mentioned Lloyds and referred to 3 paragraphs. I assume I just need to adapt it to my case?

 

 

Also, are you able to advise on the SB issue? Do you think it might be worth adding this even though I'm not 100% sure they are? If they prove I'm wrong would I be a worse situation?

 

 

thanks

[dx100uk]

2 claims in this thread.......

 

 

one is sb for sure

and

one is doubtful

 

 

that's the score is it not?

[Lots]

Neither are sure as they are so old, I have no paperwork at all, but thinking back one is more likely SB than the other

[dx100uk]

no harm in ringing RBS and asking

 

 

dx

[Lots]

Would they have that info from 12 years ago?

 

 

If I took a punt and decided to go for SB on the defence what's the consequences if I'm proved wrong?

[dx100uk]

nothing really, they also got to produce the CCa don't forget....

 

 

I'd ring RBS anyway cant hurt.

 

 

have you not got any old cra files?

 

 

dx