ME III/Mortimer claimform - JDW SimplyBE CAT 'debt'

[chunkymoney]

Hello,

 

Can anyone please help me, I have received a claim form from Northampton County Court Business Centre.

 

It is an old Simply Be debt, seems to be with ME III now, no idea who they are.

 

Amount Claimed is: £1181 - this includes costs (their legal costs)

[fkofilee]

Welcome to CAG Chunky Monkey

 

Please go here; Copy post 1 and give your answers so we can assist.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

[chunkymoney]

Name of the Claimant ? ME III LTD

 

Date of issue –. - 04/05/16

 

What is the claim for –

 

Particulars of Claim as written on the form exactly;

 

1."By an agreement between JD Williams & the Defendant dated 18/04/2007 ("the agreement")

JD Williams agreed to issue the Defendant with a credit account.

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

The Agreement was assigned to the Claimant.

3.THE CLAIMANT THEREFORE RE CLAIMS 1. 1031.75"

 

What is the value of the claim? - £1181

 

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

 

When did you enter into the original agreement before or after 2007? - They state 18/04/2007 - I can't remember

 

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. It's ME III Limted

 

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

No, I have no idea who these people are, I've never had any dealing with them

Did you receive a Default Notice from the original creditor? Possibly, not sure and to be honest I might have just filed it suitably.

 

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

 

Why did you cease payments? - Became a mature student, husband made redundant and couldn't keep up payments.

 

What was the date of your last payment? Can't be totally sure but about two years ago.

 

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 management plan? I think I just buried my head in the sand, don't remember.

 

Hope I've answered it ok. If you need anything more Im happpy to send on. Has someone been able to heelop me?

[martin2006]

First thing to do is register with MCOL and acknowledge the claim online.

Tick defend all

Leave jurisdiction unticked

[chunkymoney]

Done. Thanks

[martin2006]

note that your defence must be filed no later than 4pm 7th june 2016 which is 33 days from date of service, date of service being day 1.

 

Time to read up on similar threads

 

In the meantime, send a CPR 31:14 to Mortimer Clarke

CCA request to ME III ltd

 

Do not sign either.

[chunkymoney]

Will do thos today and se what i can come up with.

[chunkymoney]

So, Im confused now.

 

Got a letter from "Cabot Financial" this morning. Can't scan it as i dont have scanner

 

It reads

 

"Dear x

 

RE: J D Williams Mail Order - (Ref number i wont put in)

 

Thank you for your request for infoamtion under sections 77-79 of the Consumer credit act 1974.

 

We currently do not have this information on file. However, I have requested the relevant details, which will include a copy a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender.

 

What happens next

 

I acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however as we have to request the details from the original lender i anticipate that we will be able to provide this within 40 days. In the unlikely event we are unable to obtain this information within those time limits, we will write again.

 

If you have any queries etc............."

 

I'm really confused now and don't know what is happening. The claim form was issued by MEIII Limited and Mortimer Clarke Solicitors. What have Cabot Financial got to do with any of this....?

 

Even their reference number does not match the claim number on the original claim form, not even close. Though it is correctly addressed and named.

 

Can anyone shed any light on this? I haven't heard anythi from the Mortimer Clarke Solicitors and I've never had any communication from Cabot about this debt. First ive heard of it.

[AndyOrch]

All one and the same...different desks...

 

 

http://www.cabotcm.com/important-information-about-cabot-credit-management-groups-authorisation-with-the-fca

[chunkymoney]

thx, i've just googled it and found the same information. Do i work on a defense now then?

[martin2006]

Ok you have until 4pm 7th june to go and read up on similar holding/no paperwork defences

In your defence you should be noting that should further information ie paperwork come to light you reserve the right to amend the defence accordingly

 

So go read and learn

[dx100uk]

note that your defence must be filed no later than 4pm 7th june 2016 .

urm..33 days whereby the claimform date is day one of the count.

 

 

I make that ....5th june

however that's a sunday

so for it to be filed it needs to be by 4pm Friday 3rd.

 

 

regards

 

 

dx

[martin2006]

My apologies DX you're absolutely right

 

4pm friday 3rd june

 

Oops

[chunkymoney]

Thank you all.

 

I'll make sur ethat date ios set in the calendar.

 

This is my defense, would you have a look over it please?

 

The defendant accordingly sets out its case below and relies on CPR 16.5(3) in relation to any particular allegation to which a specific response has not been made.

(1) – Paragraph 1. The defendant concedes that an agreement did once exist between JD Williams and herself, however, the defendant denies any such agreement exists with ME III Limited.

 

The claim is vague and ambiguous in nature and the Claimant must particularise it’s claim in full.

 

The defendant denies being served with any termination notice or any other notice.

The defendant is unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1).

Therefore, the defendant denies owing any monies to the Claimant and 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

© Show how the Claimant has the legal right, either under statute or equity to issue a claim;

(d) Put to strict proof to provide an original assignment in writing signed by the assignor at time of alleged assignment.

As per Civil Procedure Rule 16.5(4), it is expected the Claimant prove the allegation the money is owed; having been provided with written requests for information under CPR31.14 and to date have failed to provide any such documentation as detailed on the particulars of claim.

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 of Property Act 1925.

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[dx100uk]

bit too brief really

there are loads here

but that's for later

[chunkymoney]

Hello dx100

 

Im sorry but I dont understand what you mean, "there are loads here but thats for later".

 

I dont know what else to add in and if you can provide a little guidance i would be very thank full.

[martin2006]

What it means is your defence needs to be paragraphed to correspond with the claim and expanded upon.

So claimants para 1 is denied etc

 

The reference to later simply means theres plenty of time to correct the defence and therefore plenty of time to read others defences.

 

Simply search jd williiams in the cag search bar and read some.

 

You will see that alot of the advice given here is that it is a self help site and as its ultimately you who may be in court then you need to educate yourself to be in a position to do so.

 

Make sense?

[chunkymoney]

yes, thanks. i'll keep reading.

[dx100uk]

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

[chunkymoney]

Been reading all day.

 

Here is the PoC to make this easier reading.

 

1."By an agreement between JD Williams & the Defendant dated 18/04/2007 ("the agreement")

JD Williams agreed to issue the Defendant with a credit account.

 

 

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

The Agreement was assigned to the Claimant.

 

This is my revised defensep;

 

The defendant accordingly sets out its case below and relies on CPR 16.5(3) in relation to any particular allegation to which a specific response has not been made.

(1) – Paragraph 1. The defendant concedes that an agreement did once exist with JD Williams, however, the defendant denies any such agreement exists with ME III Limited, Cabot Financial or any other Company.

 

(2) – It is accepted the defendant has in the past held accounts with SimplyB, however, the defendant is unaware of any outstanding balances as alleged and it is therefore denied until such time the claimant can clarify and comply with my request under section 78 of the Consumer Credit Act 1974.

 

 

The defendant denies being served with any termination notice or Notice of Assignment pursuant to the Law of Property Act 1925, or any other notice. The claim is vague, ambiguous and frivolous in nature and the Claimant must particularise it’s claim in full.

 

Furthermore, I have made a request under section 78 of the Consumer Credit Act 1974 for a copy of this agreement. In line with the requirement for the Claimant to provide this information within 12 days from the date of the letter sent by recorded delivery, the claimant has failed to provide any such paperwork and is therefore in breach of this request and as such unable to request any relief until compliance.

 

As such, the defendant denies owing any monies to the Claimant and 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, including any charges and interest; and

© Show how the Claimant has the legal right, either under statute or equity to issue a claim;

(d) Put to strict proof to provide an original assignment in writing signed by the assignor at time of alleged assignment pursuant to Section 136 of the Law or Property Act 1925.

 

As per Civil Procedure Rule 16.5(4), it is expected the Claimant prove the allegation the money is owed; having been provided with written requests by recorded mail for information under CPR31.14 and to date have failed to provide any such documentation as detailed on the particulars of claim.

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 of Property Act 1925.

A request was sent recoded delivery to MEIII Limited for evidence under s78 Consumer Credit Act 1974, no reply was received from MEIII Limited, however Cabot Financial have responded and this adds further confusion as the Claimant is MEIII Limited on the Claim Form, advising that they require up to 40 days rather than the 12 days before the debt becomes unenforceable, they have failed to comply with this request.

On the basis of this the defendant respectfully requests the case be struck out due to lack of supporting evidence proving any debt exists or is owned by the Claimant.

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Grate full for any help or further advise.

[dx100uk]

Here is a recent Cat defence that Andyorch drafted for another poster

which was successful in the claim remaining stayed.

.

You will have to edit slightly to suit and add your requests for CCA /CPR ect.....

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

1."By an agreement between JD Williams & the Defendant dated 18/04/2007 ("the agreement")

JD Williams agreed to issue the Defendant with a credit account.

 

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

The Agreement was assigned to the Claimant.

 

.

Defence

.

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.

.

1 .Paragraph 1 is noted. I have had an agreement in the past with [enter original creditor]but do not recognise the account number referred to by the claimant.

.

2 .Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.

.

On the DD/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

3.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 with the Claimant; and

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

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

.

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

.

5.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 of Property Act and Section 82A of the consumer crediticon Act 1974.

.

6.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.

.

Regards

.

Andy

***************

[chunkymoney]

Thx. I'll amend accordinglt and post before submiting.

[chunkymoney]

Letter received this moring from solicitors.

 

"We acknowledge your request for documentation pursuant to CPR 31.14.

 

CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

 

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

 

We would be grateful if you could confirm what documents you have in your posession or control relating to this matter to avoid duplication over document inspection. We will the take our clients instructions."

 

Sound like a fishing trip to me but i wouldn't really know. Thoughts, ignore and carry on?

[dx100uk]

go read other threads?

that's a std reply to CPR and can be ignored

[chunkymoney]

Thanks dx100. I have been reading threads, not come across one with that specific response. Appreciate the answer tho.