Cabot/mortimer claimform - old barclaycard debt

**dx100uk** · September 30, 2016

:madgrin:

http://www.consumeractiongroup.co.uk/forum/showthread.php?462050-Hoist-Claim-form-old-Barclaycard-debt-***Claim-Discontinued***(5-Viewing)-nbsp

mystirio · October 5, 2016

gone very quiet no mail from them something is up or something is not right

i still havent had a response pack from mcol when would i expect it

**dx100uk** · October 5, 2016

why would you be getting a response pack?

you've not filed your defence yet!!

you wont get anything

just don't miss your defence filing date...

mystirio · October 5, 2016

14th is the date by defence was wondering if they would send something ie cabot or just file online now???

mystirio · October 5, 2016

just typed copied this out is it ok or what any help???

1.by Agreement between Barclays Bank and the defendant on or around 19/5/2001(the agreement)barclays bank plc agreed to issue the defendant with a credit card

2.the defendant failed to make the minimun payment due and the agreement was terminated

3. The agreement was assigned to the claimant

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. Except where otherwise mentioned in this defence, The Defendant neither admit nor deny any allegation made in The Claimant’s Particulars of Claim and put The Claimant to strict proof thereof.

3 Paragraph 1 is denied. I am unaware of any alleged assignment purported to the account number referred to nor ever served any Notice of Assignment.

4. Paragraph 2 is denied. As the Assignee of this alleged debt the claimant would not be aware whether a Default Notice pursuant to the consumer credit Act 1974 had been served or not.

5.Notwithstanding the above a request was made under the consumer credit Act 1974,by way of a section 77/78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s77/78 request. Any Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default by reason of Section 78 of the Act.

6. The defendant on receipt of the claim form The Defendant sent a CPR 31.14 request for a copy of the agreement/contract, notice of assignment,termination of account which form the basis of this claim.

7. . It has been confirmed via the Royal Mail website that the above letters were received and signed for. The claimant has failed to respond.

8.It is therefore not accepted with regards to the Defendant 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 with the Claimant; and

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

c) evidence any nature of breach and provide proof of any Default Notice and Notices of Sums in Arrears;and

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

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

10. 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.

11. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act.

12. 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.

no 7 should i state that the claimant responded but as the claimant did not put down the actual agreement number the defendant asked for a copy of the agreement as stated in N1POC

to which the claimant replied that they could not find the refrence number proof of copy.

Further to this another letter was sent to the claimant asking for the agreement and was delivered and signed for as yet there is still no reply.

**dx100uk** · October 5, 2016

that's a very old embarrassed defence

No longer relevant.

try:

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=the+defendant+failed+to+make+the+minimun+payment+due+and+the+agreement+was+terminated+&sa=Search+CAG#gsc.tab=0&gsc.q=the%20defendant%20failed%20to%20make%20the%20minimun%20payment%20due%20and%20the%20agreement%20was%20terminated&gsc.page=1

mystirio · October 5, 2016

what do you think of this one

Particulars of Claim

1. By an agreement between Barclays Bank PLC and the Defendant on or around 19/05/2001("the agreement") Barclays Bank PLC agreed to issue the defendant with a credit card.

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

3. The agreement was therefore assigned to the claimant.

The claimant therefore claims £2742.08

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 accepted insofar as that I have in the past held a contractual relationship with Barclays Bank PLC. I do not recall the precise details of the account and have requested verification from the claimant to which they have yet to comply.

3.Paragraph 2 is noted insofar assuming the claimant can verify what agreement number they rely on and can disclose any evidence of serving a Default Notice and nature of breach.

4. Paragraph 3 is denied the claimant has not provided the me with notice of assignment in accordance with s136 law and property act 1925 and therefore have yet to prove they are entitled to bring this claim.

5. On receipt of this claim I requested information pertaining to this claim from Mortimer Clarke Solicitors and Cabot Financial(UK) Ltd. by way of a CPR 31.14 and a section 78 request. To date, no response has been received from Mortimer Clarke . I have had a response from Cabot Financial(UK) Ltd stating as follows.. I have been unable to locate your account under the details listed requested under section 77-79 of the consumer credit act no account number given on form therefore asked for under details supplied on N1 POC .It is respectfully suggested that the claimant should be aware of the agreement number they allege is outstanding and which their claim relies upon.

6. Therefore with the court’s permission the Claimant is put to strict proof to:

(a) show and disclose how the Defendant has entered into an agreement; and

(b) show and disclose how the Claimant has reached the amount claimed for.

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

7. As per Civil Procedure Rule 16.5, 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 of 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.

Edited October 5, 2016 by Andyorch
Particulars renumbered

AndyOrch · October 5, 2016

Particulars and defence tweaked mystirio .......just your point 3. paragraph 2 to complete.

Regards

Andy

**dx100uk** · October 5, 2016

that's a differing POC to the one you typed in response to our questionnaire?

so that's the correct one?

mystirio · October 5, 2016

im stuck on this one ?

mystirio · October 5, 2016

N1 poc

AndyOrch · October 5, 2016

im stuck on this one ?

Are the particulars correct above......exactly the same as your claim form ...word for word?

Have a think about point 3.....I will look in later if your struggling.

mystirio · October 5, 2016

Paragraph 3 is denied as no notice was given to the defendant of termination of the Agreement

mystirio · October 5, 2016

all the red is excatly as the claim form paticulars of case

**dx100uk** · October 5, 2016

use our search CAG box in the red top toolbar

copy and paste their paragraph no. 2 into it.

dx

AndyOrch · October 5, 2016

Particulars of Claim (for reference only do not submit with your defence)

1. By an agreement between Barclays Bank PLC and the Defendant on or around 19/05/2001("the agreement") Barclays Bank PLC agreed to issue the defendant with a credit card.

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

3. The agreement was therefore assigned to the claimant.

The claimant therefore claims £2742.08

Defence