Cabot/mortimer - claimform - - ex Tesco credit card debt

[EveOwes]

Hi - I've messed up again and would please like some help in being pointed in the right direction again. I received court papers for an old Tesco credit card debt. The issue date on the papers is 19/4/17 and I am just about to login to respond.

 

I had a similar problem last year with a creditor and following advice from this forum they dropped the case.

 

I can write to Cabot and to their solicitors Mortimer Clarke like I did on the other claim, but I need to find again what it was I needed to write.

 

What should I write on the court defence page - I will, in the meantime, try and locate the old thread and find out from there but if anyone is online and could help, I would be very grateful.

 

It was suggested that I write to all my creditors and I do want to do this but I am under immense stress at the moment and have very little time to do anything. I am constantly caring for two toddlers and I'm too old for it so I am a bit stressed and unable to think straight or concentrate half the time.

 

I cannot pay anything at all to creditors at the moment. My universal credit sanctions have left me with no money at all to live on and not even enough to cover my rent. Life is beyond stressful, hence leaving this stupid claim and not dealing with it. I just hope I haven't left it too late to do the online response. I think I've exceeded it as I think it's 14 days??

 

Any assistance would be most appreciated. Thank you in advance.

[renegadeimp]

Don't wrote anything on defence yet. Just acknowledge service for now.

 

The good thing is, if Cabot own the debt then it's 99.99% unenforceable. They don't deal in valid debts

[unclebulgaria67]

See this thread which explain process and letters to send.

 

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

 

In post #1 of the thread, there are questions, which if you copy and paste over to here and provide the informatiom, then appropriate advice can be offered.

 

Make sure you acknowledge the court claim online ASAP, as you are close to the date this is required. The defence can wait until later in the process.

 

Your old Barclaycard thread is this one http://www.consumeractiongroup.co.uk/forum/showthread.php?465320-HPH2-Claimform-ex-Barclaycard-debt-***Claim-Discontinued***&p=4966778#post4966778

[EveOwes]

I found this info on a previous claim you guys helped me with:

 

So next step, have you registered on mcol (moneyclaim) ?

If not, do so

Tick defend all

Leave jurisdiction unticked

Exit mcol

 

Send a s78 CCA Requesticon to Hoist Portfolio

Send a CPR 31:14icon to the solicitors

 

I also completed a form last time but the link isn't working. I'm hoping to get as much of this done today as toddlers off to nursery for a few hours this afternoon. But I think my internet may be cut off soon so might have to use local library.

 

thanks

[dx100uk]

get that link done please

[dx100uk]

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

[AndyOrch]

You have 2 days left to Acknowledge service....

 

Andy

[EveOwes]

In order for us to help you we require the following information:-

 

Name of the Claimant ? Cabot Financial (UK) Ltd

 

Date of issue – . 19/4/2017

 

What is the claim for –

 

1.By an Agreement between Tesco Personal Finance PLC and the Defendant on or around 28/06/1999 ("the Agreement") Tesco Personal Finance PLC 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 3767.66

 

What is the value of the claim? = 4032.66 total

 

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

 

When did you enter into the original agreement before or after 2007? Before - probably in 2000

 

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 received something from Tesco about the debt but didn't read it fully

 

Did you receive a Default Notice from the original creditor? I believe so but can't be sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I can't be sure - I haven't seen any for a while from creditors who would just enclose them with the statements I think, but I don't get statements now, just chasing letters

 

Why did you cease payments? I was in over my head in 2009 and went on DMP for years but lost my job(s) and lost the last one in Nov 2013 which is when I stopped paying Step Change

 

What was the date of your last payment? It must have been around Nov 2013 via Step Change

 

Was there a dispute with the original creditor that remains unresolved? No dispute that I can think of; they did chage PPI at first but cancelled it when I complained, no problems since then.

I also had a car loan with them in 2000 before I had the credit card and car loan paid off

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? Yes I did. I also wrote to all creditors in 2015 saying I was unemployed and asking them what would be the minimum they would accept a month, but none of them (approx 12 in total) bothered to write back as far as I'm aware

Not sure what I need to do - I know I need to write to the claimant and solicitor with a postal order but will need to search for details and my defence is I'm broke, no other reason for non-payment

 

thank you

[renegadeimp]

Get that cca request off asap.

It is extremely unlikely they have it.

Use the no paperwork holding defence.

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[EveOwes]

Hi

 

I completed the AoS as above.

 

I have now, yesterday, received a letter from the solicitors dated 10/5/17 saying

 

"We have not received any response from you to the Claim Form served on you in the above matter.

 

Accordingly we have now requested that the Court Grants Judgment in Default in favour of our client.

......

We have requested that the Judgment sum is payable by monthly instalments of £50"

 

there's more but that's the bits I focussed on.

 

I am now very confused.

I completed the AoS.

I also sent the CCA request and the other letter to the solicitors.

 

 

They would not have got them until Friday gone as I missed the post and they were recorded delivery so I couldn't use the post box.

 

thanks for all the help.

[dx100uk]

what date did you complete the AOS?

 

your defence is not due till Friday

if the date on the top right of the claimform IS the 19th.

[AndyOrch]

Hopefully by the 7th May and if so the above is pure fantasy.

 

Andy

[dx100uk]

:whistle:

[EveOwes]

Ah,

the date on the AoS is 8/5/17.

 

 

I'm so angry with my situation that I couldn't get this done by the deadline.

Damn.

Does this mean game over?

 

If it is game over I need to stop them going for a repayment of £50 a month.

I am truly broke and cannot pay that amount.

But I've sent off the CCA request so will I be shooting myself in the foot if I call them?

 

If they can't enforce the debt right now, will the CCJ supersede any CCA requirement?

 

I understand you're all busy and so on so if you don't get a chance to respond early ish tomorrow I will call the court instead of the solicitor

although not sure that would do any good,

they are very nice on the phone but not always knowledgeable.

 

thanks

[dx100uk]

1 day wont be an issue

you are a LiP [ litigant in person]

basic errors are allowed.

 

that date also tallies with their letter date

probably dictated several days before

you are ok

get working on your defence .

[EveOwes]

Thanks DX. Do I have a defence? Lost job, can't pay?

 

I started off with debts of £69k and reduced them to about £24k before I started suffering redundancies etc.

The £24k is starting to creep up as these claims add money to them.

 

 

I also have Lowell (Lloyds and House of Fraser), and Cabot (MBNA), and Robinson Way (Santander) coming up the rear.

 

 

Two CC claims so far so they seem to think this is the way to deal with me.

The House of Fraser account was only for about £200 but has crept up to £500 with penalties etc.

 

1) Is my defence unemployment as I can't think of any other defence.

 

2) Shall I send the CCA requests to all my creditors or their collectors/assigns (Lowell etc).

 

3) If Mortimer Clarke have requested the judgement in default but you think I might be ok for the AoS, shall I not contact them?

 

4) Shall I write to all creditors/reps telling them my situation even though I can't offer a payment at the moment?

 

Thank you for helping with this.

I must have missed the deadline by hours as I tend to work in the night once the toddlers have gone to bed and chores done etc.

[AndyOrch]

Can you still log into MCOL and check the status of the claim to see if you can actually submit a defence ?

 

Andy

[EveOwes]

Hi Andy, yes I've logged in and can access the section for 'start a defence'

[AndyOrch]

Okay keep that page open.....

 

Back with a defence shortly

[AndyOrch]

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

 

1.By an Agreement between Tesco Personal Finance PLC and the Defendant on or around 28/06/1999 ("the Agreement") Tesco Personal Finance PLC 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.

 

THE CLAIMANT THEREFORE CLAIMS 3767.66

 

What is the value of the claim? = 4032.66 total

 

#########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 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 noted. I have in the past had financial dealings with Tesco Personal Finance PLC .I do not recollect the account number or alleged debt the claimant refers to having failed to adequately particularise its claim.I have therefore sought verification from the claimant by way of a section 78 request.

 

3.Paragraph 2 is denied I am unaware of what account the claimant refers to.

 

4.Paragraph 3 is denied I am unaware of what account the claimant refers to. I do not recall receiving any Notice of Assignment which the claimant fails to date or inform or ever having being approached pre litigation with regards this alleged debt.

 

5.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

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

(b) show and evidence any breach and service of a default notice/termination notice:

© show how the Defendant has reached the amount claimed for; and

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

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents and the agreement referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 78 request and remain in default of my request.

 

 

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

 

8. 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.

 

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.

[EveOwes]

Andy, do I just cut and paste 1 - 7 into the defence bit? What I mean is, I know I used the credit card etc and wondered if the judge will think I'm taking the proverbial with this, or is this just the way these things work?

 

Do I need to substitute the word 'defendant' with 'me/I' ?

 

Oh, just seen 8 - 9 which I will also cut and paste into defence

 

thanks

[AndyOrch]

Andy, do I just cut and paste 1 - 7 into the defence bit? Yes What I mean is, I know I used the credit card etc and wondered if the judge will think I'm taking the proverbial with this, or is this just the way these things work? Do you want to defend the claim or admit it then ?

Do I need to substitute the word 'defendant' with 'me/I' ? No

 

Oh, just seen 8 - 9 which I will also cut and paste into defence

 

thanks

 

Andy

[EveOwes]

Done. Thank you Andy.

 

If I hear anything now from Mortimer Clarke or Cabot I will let you know but I suspect they will make me appear in court because they can give me a hard time there! But at the end of the day I fully read and understood the defence I was submitting and it is up to them to ensure we are all talking about the correct debt.

[AndyOrch]

The defence simply puts them to strict proof to disclose the documents they rely on...you cant just sue someone without evidence...in a money claim ...otherwise anyone could issue a claim against anyone