Cabot/Mortimer claim form - Lloyds OD

[dilaar]

Hello everyone,

 

I'd really appreciate some help with a claim form that I received this week.

 

Name of the Claimant ? CABOT FINANCIAL (UK) LIMITED

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 05 JAN 2017

 

Date of issue 05 Jan + 19 days ( 5 day for service + 14 days to acknowledge) = 23 Jan + 14 days to submit defence = 6 Feb (33 days in total) - Correct

 

Think these dates are correct.

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

 

Monies due under current account account overdraft. The Claimant's claim is for the balance outstanding under a Bank account facility LLOYDS BANK agreed to maintain fir the Defendant. It was a term of the Bank account that any debit balance would be repayable by the defendant in full on demand. The defendant has failed to repay the amount due. The debt was assigned to the claimant. THE CLAIMANT THEREFORE CLAIMS 1100

What is the value of the claim? 1100

 

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

 

When did you enter into the original agreement before or after 2007? Account was opened in 2001 but not sure what year the overdraft was arranged.

 

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. Debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably, I'm not sure I don't recall

 

Did you receive a Default Notice from the original creditor? Probably, I'm not sure I don't recall

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure

 

Why did you cease payments? Following a relationship breakdown in 2010 I was unable to maintain repayments to creditors. I entered DMP with Payplan 2011 but due to health problems in 2016 and a reduction in income I was no longer able to maintain DMP payments and the arrangement ended. I set up a reduced agreement with my creditors but missed this one.

What was the date of your last payment? March 2016

 

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? Yes DMP arrangement was in place until March 2016.

 

Ive looked through the forum and began the acknowledgment of service (defend all) and I've got my CPR request letter ready to be posted. the bit I'm not sure about is the I intend to contest jurisdiction tick box. I'm not sure what this means and should I tick it or not?

 

Thanks

[dx100uk]

Unticked

[dilaar]

Thanks all submitted and the letter is on its way to the post office.

[dx100uk]

DONT miss your def filing date no matter what happens

[dilaar]

Hi

My defence filling day is tomorrow. I've received no response to the CPR request letter (as expected). I've used the forum to write my defence but would appreciate it if someone would have a look and offer feedback before I submit.

CLAIM

 

1.Monies due under current account account overdraft. The Claimant's claim is for the balance outstanding under a Bank account facility LLOYDS BANK agreed to maintain fir the Defendant.

 

2. It was a term of the Bank account that any debit balance would be repayable by the defendant in full on demand. The defendant has failed to repay the amount due.

 

3.The debt was assigned to the claimant. THE CLAIMANT THEREFORE CLAIMS 1100

 

DEFENCE

 

The Defendant contends that the particulars of the 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. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Lloyds TSB. It is denied that I am indebted for the alleged balance claimed.

 

2. I am not aware or ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

3. Lloyds TSB has never served Notice pursuant to 76(1) and 98(1) of the CCA1974 and therefore the Assignee is therefore prevented from seeking any relief for any alleged outstanding balance pursuant to the CCA1974.

 

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

 

The claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.

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

(e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 12 January 2017 namely the Overdraft Agreement, Terms and Conditions relevant at the time of inception for the agreed overdraft and Termination Demand Notice inferred by the Claimant's Particulars of Claim.

 

The Claimant has failed to respond or comply with this request to date.

 

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.

 

Any feedback would be great

Many thanks

Dilaar

[AndyOrch]

Possible alternative Overdraft Defence

 

Defence

 

1. Paragraph 1,I accept that I have in the past held a current account with Lloyds Bank Plc. I have not serviced this account since xxxxxx due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Lloyds Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.

 

2.Paragraph 2 is denied as the original creditor has failed to serve a Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and the Claimant is put to strict proof to evidence any breach.

 

3. Paragraph 3 is denied I have never been served a Notices of Assignment in accordance with s.136 Law of Property Act 1925.

 

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

 

Therefore the claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account and;.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

5. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the xxxxxxxx. The Claimant has failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

 

7.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.

[dilaar]

Thanks Andy. that's great.

I'm thinking of submitting today just to get it out if the way or should I wait until tomorrow?

[AndyOrch]

May as well go today...nothing will change.

[dilaar]

I've been trying to log on to the money claim website and been having a load of difficulties.

 

 

I've had to re-register and get a new gateway number as the other one was not recognised for some reason.

 

 

Now I'm in and trying to access the claim to submit my defence

 

 

its telling me my claim number or password is incorrect

 

 

help! What do I do now?

[AndyOrch]

Email the defence over to Northampton.

[dx100uk]

MCOL is only one way of responding to a claim.

.

If you are having problems logging in, or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

If you send your response by e mail

please send it to [email protected] and ensure you quote “Claim response” and quote the claim number in the subject field.

.

[dilaar]

I'll email it over to them now. I'm stressing a bit that my dates might be out and that why I can't log in to the claim but I know you've checked it so need to relax and just get it sent. Thanks guys you've been invaluable

[dx100uk]

9/10 mcol always has issues over the w/end

[dilaar]

It's all been emailed across so I'll just have to wait and see how it pans out.

 

I sent the email to the one you stated DX and had an auto reply with this info. Not sure if it's a new updated thing but just in case here's the info.

 

IMPORTANT

You will need to send any ‘claim response’ which includes the acknowledgment of service, part admission or defence/counterclaim forms as well as directions questionnaires (DQs) directly to [email protected] to ensure that they are filed correctly. Your email has not been forwarded.

 

N244 and N245 applications should be sent to [email protected]

 

The deadline for documents to be received is 4pm, any documents received after this time will be classed as received on the next working day.

[dx100uk]

nothing to stop you filing by mcol tomorrow too

when it'll be back working

[dilaar]

hi

 

I received a claim from Mortimer Clark on behalf of Cabot in January and submitted my defence on the 6th of February. I have since received a letter from the solicitors stating that a stay has been placed on the matter. Do I just have to wait now until they get in contact again? Or is there a amount of time I need to wait before i can ask the court to dismiss the case and how would I go about this?

 

Also my default balance was 1110 but Mortimer Clark have added the £150 court fees and legal representative costs to my balance without a judgment being made and this is the balance now showing on my credit reports. I might be wrong, but as this this case hasn't been heard and awarded in their favour yet they can't claim these fees without the judgement being made? am I wrong?

 

Many thanks

[AndyOrch]

[quote=dilaar;5009478 hi

 

I received a claim from Mortimer Clark on behalf of Cabot in January and submitted my defence on the 6th of February. I have since received a letter from the solicitors stating that a stay has been placed on the matter. Do I just have to wait now until they get in contact again? The Court.... Yes Or is there a amount of time I need to wait before i can ask the court to dismiss the case and how would I go about this? You cant you dont have grounds and whilst it stayed there is nothing to dismiss

 

Also my default balance was 1110 but Mortimer Clark have added the £150 court fees and legal representative costs to my balance without a judgment being made and this is the balance now showing on my credit reports. I might be wrong, but as this this case hasn't been heard and awarded in their favour yet they can't claim these fees without the judgement being made? am I wrong? They can add them..they have to account somewhere for them...but its irrelevant to you as hopefully the claim will remain stayed and you wont be paying them anyway

 

Many thanks

 

Regards

 

Andy

[dilaar]

Thanks Andy. I understand it a bit more now. I think I'm just being a bit impatient! I shouldn't have got myself into this mess in the first place but hey ho lesson are being learnt

[dx100uk]

Who says you even owe the debt anyway....

[dilaar]

The outcome of this has been that Cabot have been unable to provide a CCA and a stay has been put on the claim. I haven't heard from them regarding this account since so that's a relief.

[dx100uk]

yes I just found you'd started another thread with the update

remember to keep to one thread please

now merged.

 

dx