CABOT/? claimform - old sainsbury credit card debt

[Berbice]

Name of the Claimant ? CABOT FINANCIAL (UK) LIMITED

 

Date of issue – 15 MAY 2017

 

What is the claim for – the reason they have issued the claim? “

1. By an agreement between SAINSBURY’S BANK & the Defendant on or around 20/10/2010 (the’Agreement’) SAINSBURY’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 £2200.”

 

What is the value of the claim? £2200

 

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? After: (around October 2010)

 

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. The debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes – aware; not sure if Cabot is the first assignee (I tended to ignore all correspondence from debt collection agencies)

Did you receive a Default Notice from the original creditor? Yes

 

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

 

Why did you cease payments?

My husband became disabled,

was granted ill-health retirement by his employer and is now in receipt of PIP.

We had a number of sole & joint accounts between us.

We wrote to all our creditors (banks and credit card companies) explaining the situation, and they all, without exception, issued default notices, terminated the Agreements, and assigned the debt.

What was the date of your last payment? February 2014

 

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 we communicated with all creditors, explaining our situation. They all seemed to accept that we were so straitened, that repayment was not possible, and they all assigned the debts.

Hello

 

I'm seeking help with a County Court summons that I've received from Cabot Financial;

I'm doing my best to follow the advice here on CAG and, to this end, I

'm following the instructions contained in the thread

"You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014"

I have a question:

how should I fill in the N9B form?

Should I tick the box that says

"I dispute the full amount claimed as shown on the claim form"?

If so, what should I state as my defence?

[AndyOrch]

Hi Berbice and Welcome to CAG

 

 

Many thanks for completing the link.

 

So now you need to send a CCA and CPR 31.14 request..instructions are provided in the same link.

 

Register to use the on line portal for MCOL...to get your user name (instructions are contained within the claim pack) your password is already on the claim for.

 

You have 33 days in total if defending this claim...19 days to acknowledge service (date on the claim form is day 1) and submit your intended plea.If you do intend to defend the claim in full you get a further 14 days to submit your defence...33 days in total.

 

Regards

 

Andy

[Berbice]

Actually, I've just realised that I should probably just complete the N9SDT form: Acknowledgement of service.

[Berbice]

Thank you Andy, excuse my ignorance: what is "MCOL"?

[AndyOrch]

I have a question: how should I fill in the N9B form? Should I tick the box that says "I dispute the full amount claimed as shown on the claim form"? If so, what should I state as my defence?

 

Actually, I've just realised that I should probably just complete the N9SDT form: Acknowledgement of service.

 

Neither see above....no need to use the forms at all.

[AndyOrch]

MCOL Money Claim On Line...its the online service to deal with your claim...all the details are contained within the claim response pack.

 

Saves you filling in forms and walking to the post box and buying stamps....and a lot more secure and reliable

[Berbice]

Neither see above....no need to use the forms at all.

 

Thanks for responding Andy but you'll have to forgive my lack of understanding When you say "neither see above", are you saying that using MCOL negates the need to do either of those things?

[AndyOrch]

Its all explained in post#3

 

Register to use the on line portal for MCOL...to get your user name (instructions are contained within the claim pack) your password is already on the claim for.

 

You can do it all through the internet from your computer or you use can the forms they have sent enclosed in the pack. ( if you prefer postage and walking to the post office and buying stamps.)

[Berbice]

Thanks once again;

I'll read everything carefully and register on MCOL.

Definitely preferable to trekking backwards & forwards to the post office

[AndyOrch]

You must acknowledge service by the 2nd June 4.00pm

[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

[Berbice]

You must acknowledge service by the 2nd June 4.00pm

 

Acknowledged; thank you.

 

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

 

Thank you dx100uk, much appreciated. I intend to get to this in the next day or two when I can get some clear headspace.

[Berbice]

Well, it’s been a few days, so here’s an update:

 

Acknowledgement of service sent via MCOL on 1st June

CCA request sent to Cabot today

CPR 31.14 sent to Mortimer Clarke Solicitors today.

 

Fulsome thanks go to the dedicated people who spend their free time to help people like me who would otherwise be floundering and losing sleep at night. I’ll update this thread as events unfold. And I will of course make a fitting donation to the site.

[dx100uk]

whatever happens or not

do NOT miss your defence filing date

 

 

dx

[Berbice]

Thank you dx.

When is my defence filing date?

Is it 14 days from 2nd June?

And, just loosely, what will my defence be?

[dx100uk]

the link post where you typed out all you details tells you how to calculate your def filing date.

 

 

as for a defence

cag is a self-help site too

you need to reading other like claimform threads here for

 

 

cabot claimform card

search CAG box top red toolbar

 

 

cant see that you've read any other related threads at all ......

[Berbice]

I understand dx.

I have been doing my best to read other threads,

it's just that I haven't stumbled on one relating to a claim that isn't time-limited (or statute barred - is that the expression?), like mine.

 

 

I'll keep looking though.

I wasn't sure whether my defence would be that

 

 

I've asked for a CCA, or whether I have to come up with some other form of words.

 

 

I'll work it out... In the meantime, thanks again for your help and guidance.

[dx100uk]

defence is due Friday by 4pm.

cant be statute barred if you were paying upto FEB 2014 can it?

 

 

holding/no paperwork defence

 

 

did you follow the tips I post upon how to search in post 16?

 

 

try this:

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=1.+By+an+agreement+between++%26+the+Defendant+on+or+around++(the%3FAgreement%3F)+agreed+to+issue+the+Defendant+with+a+credit+card.+&sa=Search+CAG#gsc.tab=0&gsc.q=1.%20By%20an%20agreement%20between%20%26%20the%20Defendant%20on%20or%20around%20(the%3FAgreement%3F)%20agreed%20to%20issue%20the%20Defendant%20with%20a%20credit%20card.&gsc.page=1

[Berbice]

Thank you dx. I'll take a good look at that search link you provided.

 

Meantime, one quick question: -- "holding/no paperwork defence" -- does that mean my defence should be that I have not been provided with paperwork?

 

Sorry to be a pain.

 

berbice

[dx100uk]

yep, you put them to strict proof you owe them...

 

hope you filed your defence?