Cabot/Mortimer claimform - old cap1 card 'debt'

[stihl2015]

Hi All,

I'm sorry to return but I again need a little bit of advice regarding a letter from Mortimer Clarke in relation to an alleged debt with capital one...

 

I received a claim form from Cabot Financial via Mortimer Clarke....

 

 

Details below

 

Claim Form Issue....18/11/2016

Received.... 21/11/2016

AOS Submitted... 29/11/2016 Defend all

AOS Received... 30/11/2016

 

CCA request sent to Cabot...28/11/2016

CCA request received by Cabot and signed for.....30/11/2016

CPR request sent to Mortimer Clarke... 28/11/2016

CPR request received by Mortimer Clarke and signed for... 30/11/2016

 

POC...

 

 

1.By an agreement between capital one and the defendant on or around 01/07/2009 (the agreement) Capital one agreed to issue the defendant with a credit card.

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

The agreement was assigned to the claimant..

2.. THE CLAIMANT THEREFORE CLAIMS XXXX...

 

As of todays date the following has happened....

1) No response from Cabot for the CCA request

2) Mortimer Clarke responded to the CPR request with the following letter dated 01/12/2016 received 07/12/2016

 

Dear XXXX

We acknowledge your request for documentation pursuant to CPR 31.14

 

We Confirm our client is willing to agree to the extension of 28 days, for you to file your defence, Pursuant to CPR 15.5(2) please notify the court in writing of the agreement....

 

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 possession or control relating to this matter to avoid duplication over document inspection. We will then take our clients instructions...

 

So my question is....

Do I ignore the letter from Mortimer Clarke?

reply to Mortimer Clarke with something along the lines of....

not interested in your beliefs, supply the documents requested in the CPR 31.14 request...

 

As always your help/advice is greatly appreciated

[renegadeimp]

They're trying to bluff you

[Old Cogger]

give a NIL response to the idiots

[dx100uk]

you ignore that letter

its a pretty std one sent in reply to a CPR

 

 

they are simply following restons examples on how to try and frustrate and intimidate a defendant

that upsets their plan for a non defended default rubberstamped judgement.

 

 

well done!

 

 

next deadline is your defence filing date DONT miss it

plenty of like threads here.

 

 

dx

[stihl2015]

Thanks again for your response.... Defence is due by the close of play Tuesday 20th but I plan on submitting it the Sunday night before...

Still no response to CCA from Cabot, recent letter from Mortimer Clarke ignored....

I'm guessing a no paperwork defence will be the order of the day..... Please what is the easiest way of finding such a template to tweek to meet my claim from Cabot..

 

 

Stihl2015

[dx100uk]

There are no template

Each is unique

 

However if you paste your thread title

Or that minus cap1 into the

Search CAG box of the top fed toolbar

The basic idea is there

[stihl2015]

Thanks for the responses received so far, its now time to rev up the defence and get it filed before the close of play Tuesday 20th if I've got my calculations right.... here's what I have

 

POC...

By an agreement between capital one and the defendant on or around 01/07/2009 (the agreement) Capital one agreed to issue the defendant with a credit card.

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

The agreement was assigned to the claimant.. the claimant therefor claims xxxx

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 upon CPR r 16.5 (3) in relation to which a specific response has not been made.

 

2. The Defendant accepts that he has held an account with Capital One in the past. And cannot recall the precise details of the agreement or recall any alleged amounts outstanding. I have therefore sought clarity by way of a CCA section 78 request and a statement of account, sent via recorded delivery to the claimant on 29/11/2016 and received by the claimant on 30/11/2016. The claimant remains in default of this request...

 

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 29/11/2016, the claimant has failed to supply any supporting documentation or a satisfactory response.

 

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

 

Stihl2015

 

[AndyOrch]

[stihl2015]

Defence filed and received on the MCOL website today, with one day to spare.... just in case of hiccups.

 

One query I do have, although the MCOL website says the defence has been filed, then an update of received a bit later on in the day... Does the court send out paper confirmations??......

[AndyOrch]

Defence filed and received on the MCOL website today, with one day to spare.... just in case of hiccups.

 

One query I do have, although the MCOL website says the defence has been filed, then an update of received a bit later on in the day... Does the court send out paper confirmations??......

 

Yes they do send an acknowledgement and what happens if the cliamant fails to respond within 28 days.

 

Andy

[stihl2015]

Thanks for the response,

the reason I asked was because I filed a defence for another being made against me,

 

 

it was filed on MCOL and received the following morning as per MCOL..

 

 

. I have never received an acknowledgement from NCCBC that the defence has been served upon the claimant.. and what would happen if no response in 28 days from the claimant...

[AndyOrch]

NCCBC is MCOL ) Northampton County Court Bulk Centre

 

Salford is CCMCC

[stihl2015]

Time for a little update.....

 

 

Defence filed 19/12/2016

 

 

Defence Acknowledged by Court letter dated 19/12/2016 received 21/12/2016

 

 

Letter dated 07/12/2016 received from Cabot referencing the CCA request I made on 28/11/2016,

they acknowledge they do not have the information I require on file and have requested all information from the original creditor.

 

 

They go onto acknowledge that the 12 day limit before the agreement becomes temporarily unenforceable,

then go on to say that they anticipate that they cannot provide the information within 12 days but hope to provide it within 40 days..

 

Letter dated 30/12/2016 received from claimants solicitors Mortimer Clarke stating my defence of 19/12/2016 has been received and they are taking their clients instructions. and the meantime the matter has been put on hold...

 

so there's a condensed update

[Old Cogger]

no matter has been put on hold, the court timetable rules not the so called Solicitors stick to the court instructions, by the way ignore the stupid fools stating 40 days that relates to a SAR request anyway, these people need to be fined heavily as they are taking the Micky out of defendants lack of knowledge

[stihl2015]

I did chuckle when I read the solicitors letter stating they had put the matter on hold.....

 

 

The Defence acknowledgement letter states that the claimant has 28 days after receiving the defence to decide to proceed or not, what would count as day 1? I would of thought it would be the day I filed my defence?

[Old Cogger]

yep