Cabot/mortimer claimform - old barclaycard debt

[mystirio]

no card number

as per court papers no agreement number nothing just agreement

[AndyOrch]

So they think you are requesting a section 77 for the loan rather than a section 78 for a credit card (the latest Claim) ?

[mystirio]

basically yes but i have sent them the claim number cant do no more than that they should be able to see what court action they have or their solicitors have instigated against me, even their solicitors have not replied to my request we shall wait and see

[AndyOrch]

Claim number does not cut the mustard mystirio...for your section 78 request to be legally valid it must contain the agreement number that you are requesting.

[mystirio]

yes but no agreement number supplied

 

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 .

 

 

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.

[AndyOrch]

Thats irrelevant really and a problem the claimant is going to find difficult to overcome to proceed with its claim...but you shouldn't require a court claim to be able to request information of any agreement you hold with a creditor vis a section 77/78 requests.

 

What would you have done if you wanted information on the agreement for say PPI and had not been served a court claim?

[mystirio]

i would check my credit report to see what debt you would have and and they should have had the account number but this is not down on the credit report

 

therefore if it is not down on the credit report it is over 6 yrs old am i correct I am not very familiar with the law but every man to himself if you would like to know how to catch a salmon then you would not get any better than me

[AndyOrch]

Well if they dont know what agreement they rely on to enforce the agreement...they aint gonna get far...and you dont know having not retained any statements or paperwork ...therefore I would suggest a CCA request is irrelevant in this instance (although it would add great power to any defence) as the claim cant proceed without that number.

 

But if they do have it and do disclose it at the relevant stage...what then ?

[mystirio]

but surely they must stated it on the paperwork

or they were deliberatly avoiding it

[AndyOrch]

but surely they must stated it on the paperwork

or they were deliberatly avoiding it

 

Already covered that above...Post#81

[mystirio]

and as the last statment from them saying it was an account for a loan that also is a lie stated court papers number which they should have checked

 

today 2 letters from cabot 1st one saying that they could not find my account with details provided 2nd one saying they have found my details with all the account numbers this is truly baffling dont know what to do now or which way to turn

[dx100uk]

nothing

next move is theirs

 

 

so they've send the agreement?

 

 

dx

[mystirio]

ai they sent a paper with listing all the fiquires

 

but the court dead line is 16th i have filled defence ??? on previous correspondance

 

correction mortimer clarke have sent it not cabot

 

this is baffling me a few years ago i suffered ptsd after the army and was better but this makes my head spin???

papers.doc

[dx100uk]

documents hidden

 

 

you MUST REDACT things you put up

this is a PUBLIC forum

 

 

follow the upload guide

[dx100uk]

that's just a statement whereby they have added the litigation fess that will be added should they 'win'

no signed agreement

so stuff all to worry about

[mystirio]

hope this is better please remove last

papers.doc

Edited October 12, 2016 by martin2006
Removed attachment

[martin2006]

You can still be identified from the cabot ref numbers but it does also show the credit card account number

Which means you can cca them again

[mystirio]

but defence has been put in so no time to have a cca

[martin2006]

Yes there is, resend it complete with bc account number as reference and edit it to read s78 and not s77-79. S78 is specific for credit card accounts

[mystirio]

but my defence end date is 16th but got to be in by 14th they would not get it in time to reply

[AndyOrch]

but my defence end date is 16th but got to be in by 14th they would not get it in time to reply

 

Makes no odds...send the CCA request

[mystirio]

ok interesting point though they knew which account number it was also that it was going to court as they have added charges to the statment as they had won the case or it was already settled in court dated 30th sept issued the 14th sept +5 +14 days to acknowledge that takes it to 5th monday??odd

[martin2006]

They are trying to confuse you and its working!

 

They know exactly what they are doing, you must stick to the correct procedures inspite of what they do or dont do.

[mystirio]

i will ok thanks for that recorded delivery for section 78 sorted

[martin2006]

Doesnt need to be recorded delivery, free proof of posting is all you need