Cabot/? claimform - old jjb storecard - counterclaiming all is PPI/Penalties

[MadKit]

Name of Claimant - Cabot Financial (UK) Limited

Date of issue – 8th September 2015 – issued counterclaim, defence dated by Mortimer Clarke Solicitors 14th September, received 18th September.

 

What is the claim for (verbatim) –

 

 

1.By an agreement between original creditor & the Defendant dated xx/xx/2003 (“the Agreement”)

original creditor agreed to issue the Defendant with a store card.

The Defendant failed to make the minimum payments Due & the Agreement was terminated.

The Agreement was assigned to the Claimant on xx/03/2015.

 

 

THE CLAIMANT THEREFORE CLAIMS 1. 2xxx.x0

 

What is the value of the claim? 21xx.x0

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

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? Not aware and as far as I know not received

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? No

Why did you cease payments? Waiting for SAR which was not received, in fact they took the £10 fee for full disclosure and applied it to the account instead.

What was the date of your last payment? 1/09/2010

Was there a dispute with the original creditor that remains unresolved? Yes, made a SAR to original creditor which they never responded to, see above.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Yes and was making payments on this plan and asked for SAR.

[MadKit]

Cabot Financial have sent two claim forms now.

 

 

The first claim form was for a very inflated amount on a debt they said they now owned.

We sent back a counter claim and a request for Mediation.

The next thing we received was a letter saying the claim was being withdrawn and asking for our agreement.

 

 

We sent back a letter saying we agreed to this with the following terms:

 

The claim and the debt associated with it could not be claimed for again

No further action could be taken in any form by Cabot Financial or the original creditor

Any adverse credit notices or entries would be removed from all credit agencies

 

Nothing further on that one and claim was stopped.

Two weeks later another claim form for a catalogue account for which there was no balance owing to actual purchases.

The balance on the account is made up of Late fee and over limit charges, 3D PPI and CCP charges.

This alone is more than the "balance" with statutory interest applied, the total is more than £1100 what is "owed".

 

 

We submitted a counter claim along the lines of the first one and they've come back with the most confusing defence I've ever seen.

 

1. The Defendant disputes the full amount of the claim but does not provide full details.

For the avoidance of doubt, the content of Defendant's Defence is denied.

The Claimant asserts .... agreement etc etc.

The agreement was assigned to Claimant on xx/03/15

The Defendant is liable for the outstanding balance in relation to the agreement.

 

2. The Reply is repeated and the Claimant/Part 20 Defendant denies and disputes the Counterclaim.

The Defendant/Part 20 Claimant has failed to particularise in the Counterclaim how the amounts state have been calculated.

In the circumstances the Claimant/Part 20 Defendant is unable to file a detailed defence beyond that set out herein.

 

3. The Claimant/Part 20 Defendant denies the Defendant/Part 20 Claimant is entitled to the amounts claimed.

It is understood that charges applied in respect of this matter were incurred in accordance with the Agreement's terms and conditions.

Further, it is denied that such amounts should be sought from the Claimant/Part 20 Defendant.

...Claimant assigned agreement from original creditor..

. The Claimant/Part 20 Defendant was assigned the benefit of the contract.

Therefore the Defendant/Part 20 Claimant should raise the issue of charges with ..original creditor.

 

4. Accordingly, the Claimant/Part 20 Defendant's position is that it can have no liability to repay any sums in respect of charges

and any queries regarding charges must be directed to ... original creditor

 

5. The Claimant/Part 20 Defendant requests that the counterclaim be struck out pursuant to the court's case management powers

contained in CPR Part 3 for the reasons set out above.

 

We sent off for DPA subject access on 11 October 2011 by registered letter but received nothing back.

How do we respond to this?

Should we send off a CPR 31.14 request to Cabot?

Or do we need to detail the counterclaim by sending copies of the calculations

and all the account statements to the court?

 

One thing really confuses me,

they were assigned the "benefits of the contract" but says we must address any charges

(the whole balance is made up of charges) to the original creditor.

 

 

What do we do now please?

Edited September 20, 2015 by citizenB
spelling

[SabreSheep]

Hi there

 

People should be around later who can give you the detail you need.

 

IN meantime

 

"We sent off for DPA subject access on 11 October 2011 by registered letter but received nothing back. How do we respond to this?"

 

It is a bit late to be trying to chase that particular subject access request. My feeling is a new one would need to be sent. Did they cash the "£10 fee?"

 

For any counter claim you will need the exact figures for late payment charges etc and statements. (To be put in a bundle when the time comes) and also the interest rate the OC charged at.

 

I am not surprised that they are trying to say that the OC would have to be the target of your "Counter claim" Not sure they can insist on separating the issues. Normally your claim for charges etc WOULD got to the OC. But they have brought the account and assigned all the benefits AND Duties that come with it. AndyOrch would be the one to ask for this

[MadKit]

Thank you SabreSheep. To answer your questions:

 

"We sent off for DPA subject access on 11 October 2011 by registered letter but received nothing back. How do we respond to this?"

 

It is a bit late to be trying to chase that particular subject access request. My feeling is a new one would need to be sent. Did they cash the "£10 fee?" - Yes they did cash in the £10 fee, we have the original letter and proof of posting too.

 

For any counter claim you will need the exact figures for late payment charges etc and statements. (To be put in a bundle when the time comes) and also the interest rate the OC charged at. We have all the original bar two but have worked out what the charges were on the missing two statements. The charges are all detailed in an Excel spreadsheet along with the 8% stat interest ready to be sent to the court. Do you think we should send this now?.

[SabreSheep]

Only 8% interest

 

What about the interest rate the OC charged you on those charges?

[MadKit]

Only 8% interest

 

What about the interest rate the OC charged you on those charges?

 

I'd love to but thought I'd play it safe.

[citizenB]

I would have thought that the spread sheet detailing the charges/PPI etc, would satisfy the requirements for clarifying your claim.

 

Those items should have been reclaimed from the original creditor, they are correct in that. However, they are bringing their claim on a £sum that is not genuinely owed - I would have thought their best move would have been to return the account to the original creditor ?

[citizenB]

Have sent S.O.S for some further advice for you.

[dx100uk]

have you sent the claimant a cca request since the claim form?

 

 

dx

[MadKit]

Thank you for your advice.

 

No I was going to do CCA request now along with the CPR 31.14, is that the right thing to do?

 

 

Also, how do I respond to this defence or do I just say in order to respond I need the documentation they have been tasked with producing?

 

 

I know they delayed sending this defence out in order to eat up time

so don't want to run out of time and have the court say they've decided to strike out the counterclaim because we haven't responded in time.

[citizenB]

If the claim is under £20,000 then it will likely be heard in the small claims court. The meaning of that is that they don't have to respond to CPR 31.14 requests and seeing as it is Mortimer Clarke/Cabot, they will most likely not.

 

You should however send the CPR request immediately (just to show that you have been attempting to obtain the paperwork) and that goes to the solicitor. It contains a request for the agreement within the request if you use the draft linked below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

You can only request those items that have been mentioned or implied within the PoC. Anything else you would need to request via CPR part 18 - which is a request for information only.

 

The CCA request would need to go separately to Cabot/Claimant

[MadKit]

Thanks you! Off to do that now as I have both letters waiting.

 

 

Do I need to copy these to the court?

 

 

I'm worried out running out of time to respond to their defence of my counterclaim.

 

 

How do I need to respond to this please?

[dx100uk]

no copies to court required

 

so deadline is Friday 9th oct by 4pm.

 

I'm sure you could simply file std holding defence/ no paperwork

 

there must be one on here which includes a mention of bal of claim is PPI/penalties etc.

 

who was the cat company please

[DonkeyB]

I note this was a storecard. Was it actually a credit card, regulated under the CCA?

[MadKit]

It was a store card - JJB Sports.

[dx100uk]

Post 2 says a cat claim form but post 1 says store card,......so which is it???

[dx100uk]

Great thanks

 

Dx

[MadKit]

You're absolutely right, my mistake. The second claim (current one) was for the JJB Sports store card. Is there a standard defence I can send back to tell the court I'm waiting for the documents?

[MadKit]

Hi, I've sent off the CCA and CPR letters by registered post.

 

 

Do I need to copy these to county court?

 

 

Also, do need to submit a defence asap as well please.

 

 

What do I need to send?

[dx100uk]

you don't need to send anything to the court

as long as you have ack'd [aos] the claim defend all on mcol website

 

 

you defence is due on day 33 from the date on the top right of the claimform [that's day 1 of the count]

 

 

dx

[MadKit]

We filled in the AOS as part of the counterclaim we sent back,

it was just the bit about defending all the claim etc I believe.

 

 

Do we need to acknowledge their defence in any way?

 

 

You've mentioned sending back a "standard" defence but I don't know what that is.

 

 

I think we are about 10 days from the 33 day mark.

[dx100uk]

defence deadline is Friday 9th oct by 4pm I think

 

 

we bit of time yet

 

 

nothing more for you to do I don't think.

 

 

let the more clever ones with regard to legal matters confirm things

 

 

dx

[MadKit]

Thanks dx

[MadKit]

Just checking back to see if there is anything else we should be doing. Do we not need to respond to their defence?

[honeybee13]

Just checking back to see if there is anything else we should be doing. Do we not need to respond to their defence?

 

By 9th October according to dx's post higher up. I believe they're normally sent closer to the date than 10 days out.

 

HB