Cabot/Mortimer Claimform - Old capital one card

[ER36]

Hi,

 

 

I received a claim form for Northampton from Mortimer for an old capital one credit card

which Cabot are claiming for,

 

 

Ive sent off the cpr request to Mortimers and asked Cabot for a copy of the credit agreement.

 

 

Today I receieved a letter from Mortimer saying we are taking our clients instructions in relation to your correspondence

and will come back to you as soon as we can.

 

 

In the meantime, the matter has been placed on hold.

 

 

They have also attached a without prejudice letter offering me 50% off the debt

and no further court action if I pay in monthly instalments.

 

I still need to file a defence and have 2 days to do this,

 

 

Ive defended claims for catalogues in the past but with this being a Credit Card not sure if its the same.

 

Can anyone help me with what I need to put in my defence statement.

 

Thanks

[dx100uk]

please fill this out

 

 

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

 

 

so's we can advise properly

[ER36]

Thanks

 

Name of the Claimant ? Cabot

 

Date of issue – . 11th Jan 2016

 

What is the claim for –

 

 

. By agreement between Capital One and the defendant on or around 17/11/2014 ('the agreement')

Capital One agreed to issue the defendant with a credit card.

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

the agreement was assigned to the claimant.

The claimant therefore claims £583

 

What is the value of the claim? £713.17 with fees

 

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. - Cabot

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

 

Did you receive a Default Notice from the original creditor? cant remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Late 2010

 

What was the date of your last payment? Late 2010

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? No

 

Ive had a look on my credit record and its listed with Cabot as date defaulted 10/04/2011

 

Thanks again

[dx100uk]

post 24 here

 

 

http://www.consumeractiongroup.co.uk...d-with-defence!

 

 

adapt it

and post it up here first

[dx100uk]

just to clarify

your def is due by 4pm tomorrow

 

 

dx

[ER36]

Was it post 14 as there isn't a 24.

 

Is this ok?

 

Particulars of Claim

 

1.By agreement between Capital One and the defendant on or around 17/11/2014 ('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 terminated.

 

3.The agreement was assigned to the claimant.

 

 

The claimant therefore claims £583

 

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. The Defendant accepts that she has held an account with Capital One in the past. I cannot recall the precise details of the agreement or recall any alleged amounts outstanding. I have therefore sought clarity by way of a section 78 request and a statement of account .

 

3. It is denied that I failed to make payments as I am not aware of what agreement the claimant purports to rely on.I requested copies of the documentation relied upon by way of a CPR 31.14 request dated 20/01/2016, the claimant has failed to supply any supporting documentation.

 

4. I am unaware of any assignment and it is denied that I have ever received any Notice of Assignment pursuant to The Law of Property Act 1925

 

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and therefore the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement on which the claim relies upon; 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.

 

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

 

7. 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.

 

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.

 

 

Oh thanks dx thought it was 2 days.

Edited February 12, 2016 by Andyorch
Particulars added for cross reference

[dx100uk]

I never could count with me socks on

 

 

dx

[ER36]

[dx100uk]

pop the date you sent the cca request in

[ER36]

Is that into point 3 and the one I sent to the solicitors, they were both sent on the same day so should I just amend to add cca too?

[dx100uk]

point 2 you mention cca already fluff it out with the date and method of posting

[ER36]

Ah yes, thank you again

[AndyOrch]

Defence checked:wink:

 

Regards

 

Andy

[ER36]

Thank you Defence submitted.