Cabot/Mortimer claimform - Sainsburys credit card debt

[Guest]

firstly, though. double check this apparent default in 2013.

15/03/13

apparent last payment in october 2012.

seems to correlate. a default shld be within 6 mths

[obvious]

OK, I made the payment in 2012 so that's not in question now. I've checked old statements for the sending account in online banking and found it.

[dx100uk]

well if they issue a claim

then the paperwork issue will nicely raise itself then

and they'd probably be spending money they'll never recover on the court costs.

 

as it stands now

they'll not wasting any money

 

typically if you've never replied

don't now

 

that's just the next letter in a series making you think its going up some kind of chain.

when in all reality its the same threat-o-gram PC

automated to puke out various letters from the same printer

 

they cant get a backdoor CCJ as you were resident here when you took the card out

so nothing to protect against?

[Guest]

as per my post #25

wait for a claim form, or try to avoid/preempt it.

depends on the full circs, and what is wanted by the poster in their circumstances.

[obvious]

Claim arrived this morning.

 

 

Standard money claim by the look of it.

Issue date 24/05

 

It refers to credit card agreement drawn up 'on or around' a date in 2007

 

As per post above, I'd be very grateful of any advice as to what to do next.

 

I have the option to respond online or I could contact Cabot direct.

 

I guess there's not much more I should do other than ask them to prove the debt/contract?

[dx100uk]

as expected them...

 

 

can you complete this please

and we'll advise correctly.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

 

dx

[obvious]

My apologies.

I've been avoiding this and of course that just makes everything worse / more stressful

 

Name of the Claimant ? CABOT Financial UK Limited

 

Date of issue 24/05/17

Must Acknowledge by 11/06/17

Submit Defence by 23/06/17

What is the claim for –

 

1.By an agreement between Sainsbury's Bank & the defendant on or around 05/02/2007 ("the Agreement") Saisnsbury's Bank agreed to issue the defendant with a credit card.

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

3.The agreement was assigned to the Claimant.

4.The Claimant therefore claims £890

What is the value of the claim? £1020

 

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card

 

When did you enter into the original agreement before or after 2007? On or around 05/02/2007 according to the claimant

 

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. Cabot.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I did not receive a notice of assignment

 

Did you receive a Default Notice from the original creditor? I did not receive a Default Notice

 

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

 

Why did you cease payments? Family trauma, mental health issues, unable to work, no funds, unable to pay. Have been unfit to work since and am in receipt of means tested benefits.

 

What was the date of your last payment? 30/10/2012

 

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 told them I was having health problems and unable to work or pay. Nothing was agreed to.

 

I have written but not yet posted a CCA request

 

I haven't written a CPR 31.14 request

 

I haven't yet returned my acknowledgement of service

[AndyOrch]

Better get your skates on then...you must acknowledged service by Friday 9th June and your defence by 23rd June:-)

 

Andy

[obvious]

Thanks I've gone ahead and acknowledged service online.

 

I thought I'd wait for a response to my provision of details above in post 32 http://www.consumeractiongroup.co.uk/forum/showthread.php?477306-Cabot-Mortimer-claimform-Sainsburys-credit-card-debt&p=5032084&viewfull=1#post5032084

 

Or should I go straight ahead and post both CCA and CPR 31.14 requests?

[AndyOrch]

They should have gone the day you received the claim

[obvious]

Thanks. I'll get those out 'signed for' tomorrow.

 

What happens next? I just wait and let you guys know of any communications? Is there anything else I should really be doing?

[AndyOrch]

Start looking at other posters defences.

[obvious]

The guidance on CPR 31.14 says not to ask for documents that are not mentioned in the particulars of claim.

 

Notice of Assignment

 

The Default Notice

 

Statement of Account

 

In this case they do mention assignment so I guess I can ask for proof of that within the request? I wonder if asking for the other things above is harmful/useful in any way?

[dx100uk]

NOA yes point 3 The agreement was assigned to the Claimant.

default notice yes

as if its terminated then it must have defaulted

 

statement yes

 

doesn't matter if you get it wrong anyway

as its only a request under CPR.

 

dx

[dx100uk]

defence not due till 23rd

wold be better if you used a current defence..

use the search CAG box of the top red toolbar

 

 

cabot claimform card

[AndyOrch]

1.By an agreement between Sainsbury's Bank & the defendant on or around 05/02/2007

 

2.without prejudice to paragraph 1 and any further pleadings, it is accepted that any potential agreement would be governed by the consumer crediticon Act 1974. It is denied that the Defendant signed any agreement with the Claimant.

 

The Claimant does not plead you did enter an agreement with them ?

 

Andy

[obvious]

Good point

[obvious]

It's getting relatively close to defence deadline which is this Friday

 

I've just had a response to the CPR 31.14 request and have attached it here.

 

I dont have any documentation at all. How should I respond?

 

Thanks guys

[dx100uk]

usual rubbish if you read other like threads here

safe to totally ignore

[AndyOrch]

CPR 31.15 relates to the right to inspect a document not 31.14

 

Documents referred to in statements of case etc.

 

31.14

(1) A party may inspect a document mentioned in –

(a) a statement of case;

(b) a witness statement;

© a witness summary; or

(d) an affidavit(GL).

(e) Revoked.

(2) Subject to rule 35.10(4), a party may apply for an order for inspection of any document mentioned in an expert's report which has not already been disclosed in the proceedings.

 

As stated ...nonsense but they will still have to disclose later into the process.

 

Andy

[obvious]

This is the the most recent defence I've taken info from. It's just that I've formatted it along the lines of an older successful defence.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?472683-Cabot-Mortimer-claimform-old-cap1-card-debt&p=4979191&viewfull=1#post4979191

[dx100uk]

here it their particulars of claim:

1.By an agreement between Sainsbury's Bank & the defendant on or around 05/02/2007 ("the Agreement") Saisnsbury's Bank agreed to issue the defendant with a credit card.

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

3.The agreement was assigned to the Claimant.

4.The Claimant therefore claims £890

that's ALL you have to answer too

in the same vague manner.

so why even mention about a default notice

cant see that anywhere in the above.

 

 

use post 14 here

http://www.consumeractiongroup.co.uk/forum/showthread.php?458869-Help-needed-with-defence

[dx100uk]

yep well done same defence we cross posted.

 

 

dx

[obvious]

Thank you both.

 

I mentioned the lack of default notice etc as I thought it might be something that the claim could fail on. But I guess that the initial defence is not the place to bring this up.

[obvious]

Particulars of Claim

 

1.By an agreement between Sainsbury's Bank & the defendant on or around 05/02/2007 ("the Agreement") Saisnsbury's Bank agreed to issue the defendant with a credit card.

 

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

 

3.The agreement was assigned to the Claimant.

 

4.The Claimant therefore claims £890

 

 

 

Draft 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 once held an account with Sainsbury's in the past. I cannot recall the precise details of the agreement or recall any alleged amounts outstanding. I have therefore sought clarity from the claimant which as yet to comply with my 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.

 

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. On receipt of this claim I requested copies of the documentation relied upon by way of a CPR 31.14 request dated 01/06/17, and a section 78 request as of this date the claimant has failed to supply any supporting documentation and remains in default of my section 78 request.Until such time they can comply with this request they are prevented from seeking any relief pursuant to S78 CCA1974.

 

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.

Edited June 19, 2017 by Andyorch
Edited