Cabot/Mortimer claimform - cap1 card 'debt'

[Pelf]

Hi, I am looking for some advice on how to proceed with a claimform

 

I have tried my best to complete the CAG template (below).

 

Name of the Claimant ? Cabot Financial (UK) Limited

Date of issue – . 13 Jan 2016

 

What is the claim for –

 

1.

By an agreement between Capital One & the Defendant on or around 13/07/2004 (the Agreement) Capital One agreed to issue the Defendant with a credit card.

2.The Defendant failed to make the minimum payments due & the Agreement was assigned to the Claimant.

THE CLAIMANT THEREFORE CLAIMS 6000.00

 

What is the value of the claim? £6,000

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 (2004)

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?

Yes, September 2010, giving me 28 days to clear arrears, I wrote back saying I couldn’t and sent I&E etc.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, not to my knowledge.

I tend to keep all financial documents sent to me and I can’t find anything from either Cap One (other than above) or any DCA.

I’ve had a couple of cards with “Confirmed resident” stamped on them in 2012 and 2013.

A few months ago, Experian showed the default dates as October 2010.

Why did you cease payments? Feb2011

What was the date of your last payment? February 2011

Was there a dispute with the original creditor that remains unresolved?

Yes, PPI claim of £1300 from 2004 to 2006.

I got nowhere with Cap One,

so went to the Ombudsman (FOS) in 2011.

In July 2014, they rejected my claim and I registered with the FOS

that I disputed their findings as I didn’t feel that they had fully addressed the points raised in my complaint.

As their findings were final I have not done anything with it since.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

 

I Wrote to Cap One in October 2010 into early 2011 chasing a response.

They eventually wrote back saying that it had been passed to Friedrickson DCA

and they were no longer dealing with it.

I also wrote to Cap One about the PPI and they rejected it,

hence the reason for going to the FOS.

I wrote back to Friedrickson telling them I was disputing the amount with the FOS

and have heard nothing from them since.

 

Based on previous answers and advice on the forum,

I will send the CCA request to Cabot tomorrow, presumably,

I'll also need to send the CPR 31.14 request to Mortimer Clarke for further information as well.

 

As far as the County Court forms are concerned,

do I just complete the Acknowledgement of service form

and leave the everything else blank?

Do I tick

1. Intend to defend all of this claim as,

depending on what comes back from Cabot/Mortimer Clarke,

I don't know whether I have a defence or not?

 

No doubt, I will have more questions further down the line,

but I want to get the County Court form completed as soon as possible

(certainly well before their deadline of 1 Feb?).

 

I've never been in a court in my life, so this situation is somewhat worrying to say the least.

 

Thank you.

[AndyOrch]

Hi Pelf and welcome to CAG

 

There is no need to do anything with the court forms as it can all be done on line (MCOL) once you have registered to use the service.(instructions are contained within the pack)

 

You have 19 days from and including the date on the summons (that date being day 1) to acknowledge service and state your intended plea...if defending in full you then have a further 14 days to submit your defence...33 days in total.

 

Regards

 

Andy

[Pelf]

Thanks Andy for such a speedy reply.

I'll register online.

 

 

Regards

 

 

Pelf

[dx100uk]

pleanty of like claims already running before yours

have a good read of these

 

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Cabot/Mortimer+claimform+-+cap1+card+'debt'&sa=Search+CAG#gsc.tab=0&gsc.q=Cabot%2FMortimer%20claimform%20-%20cap1%20card%20'debt'&gsc.page=1

 

 

dx

[Pelf]

Hi,

 

I have now had a response from the CPR letter stating that they are willing to agree an extension to file a defence

and I need to notify the court in writing of the agreement.

 

 

Do I send the court a letter with a copy of the solicitors letter, or do I do it through MCOL?

 

They also want to know what documents I have in my possession as they believe I may have already "inspected" them on various dates in the past as they would have been sent to me by another party such as the original creditor.

 

 

They also say that they do not hold the documentation and have passed the request to their client

who may need to liaise with the original creditor.

 

Do I tell them what I do or do not have?

 

I have not yet received an answer to the CCA request from the claimant (sent on 21 Jan).

 

 

Thank you.

[dx100uk]

I see you've done well and read lots of useful threads...

you should have already have come across these letter responses to CPR..

 

you do not respond

and you do not give themmore time to magic up paperwork.

 

in essence ignore them.

 

CCA is the important one.

 

if they don't cough

you file the no paperwork/holding defence

ON TIME [by 4pm Friday 12th]

don't mis the deadline

 

post it up here first to be checked

 

dx

[renegadeimp]

They also say that they do not hold the documentation and have passed the request to their client

who may need to liaise with the original creditor.

 

yet theyre trying to go through with a court claim without it. Says it all really. Follow dx's advice to the letter. Cabot will always issue a claim and they rarely ever have any paperwork for the debt. And for a 2004 one, they need the original, which they wont have because they dont even ask the OC or even get the paperwork with the debt.

[Pelf]

Hi, thank you dx for your much appreciated advice and thanks renegadeimp for your comments.

My apologies for the late reply as I don't get home until late evening.

 

 

My defence is shown below:

 

 

Particulars of claim:

 

 

1.By an agreement between Capital One & the Defendant on or around 1307/2004 (the Agreement) Capital One agreed to issue the Defendant with a credit card.

 

2.The Defendant failed to make the minimum payments due & the Agreement was assigned to the Claimant.

 

The Claimant therefore claims 6000

 

 

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 in the past had financial dealings with (Original Creditor) .

 

3. Paragraph 2 ..........

I am unaware of any legal assignment or Notice of Assignment from either the Claimant or (Original Creditor).

 

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; and

(b) show how the Defendant has reached the amount claimed for; and

© evidence any Notice of Breach or Notice of Sums in Arrears.

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request have stated that they do not hold the documentation and have passed my request to the Claimant who may in turn need to liaise with the original creditor.

 

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

 

7. On the alternative, as 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.

 

 

8. 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.

I have copied the above, and hopefully amended where necessary, from examples elsewhere on the forum.

I apologise in advance if I have missed anything out or have included anything irrelevant.

I'm not sure if I should replace the words "Paragraph" with "Sentence" as they're not really paragraphs!

I'd be grateful for your comments and any further advice.

As dx helpfully pointed out that this defence is due to be received by the court by 4pm on Friday 12th February, as presumably, day 33 falls on the weekend when the court is closed.

Many thanks for your time and effort in assisting me with this challenge.

Regards

 

 

Edited February 9, 2016 by Andyorch
amended...point 2 still needs to be addressed

[dx100uk]

is there a bit missing from your paticulars of claim?

re:http://www.consumeractiongroup.co.uk/forum/showthread.php?458279-cabot-mortimer-claimform-Cap1-Card-debt

 

 

and cant see why you've ref'd your no 3 either to NOSIA

[renegadeimp]

Just remember you have it in writing that the debts unenforceable and yet they're still wasting courts time

[Pelf]

Hi dx,

thank you for your response, yes, dopey me, the bit that is missing is (in bold) .

..make the minimum payments due & the agreement was terminated.

The Agreement was assigned to the claimant....

 

Well spotted!

 

No idea why I put in no. 3, do I not reference CCA at all and leave that section out

(i.e remove no. 3 and change the numbers of the remaining defence points)?

Other than that, is it ready to go?

Presumably, I won't need to type the particulars of claim again in the defence section of MCOL as it's already on the claim form.

Thanks again for your invaluable help.

[AndyOrch]

Just your point 2 to finish..response to "The Defendant failed to make the minimum payments due "

 

Regards

 

Andy

[Pelf]

Thanks Andy,

 

Sorry, I'm being really thick here,

 

 

the particulars are not numbered in the claim,

it's just a continuous string of sentences.

 

 

Do I therefore number them and do I specifically respond to why the

"defendant failed to make the minimum payments due & the agreement was terminated.

The agreement was assigned to the Claimant".

 

I'm really not sure what I write here,

 

 

is it not covered by "I am unaware of any legal assignment or Notice of Assignment from either the Claimant or (Original Creditor).

Or do I just change the "(original creditor) to Capital One.

 

Do I not mention that I've not yet had a response to the CCA request from Cabot?

 

Thanks again for your help and apologise if I have misunderstood your response.

 

Regards

[dx100uk]

post 14 here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?458869-Help-needed-with-defence!

[AndyOrch]

Yes use point 3 in the defence referred to by DX...that will cover it.

 

The reason I split the particulars into numbers is so that you deal with each point of their claim ...(as you missed it initially).

 

A defence must either admit deny accept or notice...anything you do not refer to reply to in a defence... to the courts (or English Law) assumes you accept or agree is correct.

 

Regards

 

Andy

[nikkicw]

Have also received letters from Cabot Financial and their solicitors Mortimer finance threatening court action regarding a credit card debt with Capital One. I did have card with them some years ago, but was unaware of any outstanding debt and have no records which I am able to verify even the account number. I have had no letters from Capital One directly saying that they have sold the debt, just these ones from Cabot and then one from their solicitors.What route should I take regarding a letter. Should I request proof of the debt eg. statements, last time card was used, and address the card was issued to.

the debt is for £540

Thanks in advance

[dx100uk]

Have also received letters from Cabot Financial and their solicitors Mortimer finance threatening court action regarding a credit card debt with Capital One. I did have card with them some years ago, but was unaware of any outstanding debt and have no records which I am able to verify even the account number. I have had no letters from Capital One directly saying that they have sold the debt, just these ones from Cabot and then one from their solicitors.What route should I take regarding a letter. Should I request proof of the debt eg. statements, last time card was used, and address the card was issued to.

the debt is for £540

Thanks in advance

 

 

you need to start a new thread

of your own

 

 

dx