Cabot/Mortimer claimform - old EGG loan debt

[s8n]

Hey Guys.

 

I was called by a company called Cabot on 15/08/2017 re debt.

They didn't go into detail as i was on holiday.

 

I ended up coming back later than planned and ended up coming back on 28th.

Since then we have had some family emergencies so was unable to deal with stuff.

 

I called them yesterday and they said they where calling in regards to an Egg loan (which i dont remember).

They said they couldn't discuss things as the case had gone through to their sister company a Solicitors firm called Mortimer Clarke.

 

I called Mortimer Clarke today.

They said they cannot deal with the case as it was being claimed through the courts.

I asked for details re the loan.

 

All they could provide was:

1. a date the original loan was taken out (Dec 2007),

2. The default date.

3. The last payment date.

 

They cant tell me:

A. how much the loan was for

B. Probably not be able to get the original credit agreement.

C. Statement on the account

D. How much the last payment was

E. How much the default amount was

 

I said if i put in a CCA request formally then do they have to provide.

She said they may not have it.

 

Although she was hesitant and trying to avoid the topic of the Agreement.

I got an email address to send the formal CCA to.

 

They said a bulk court claim had been put in and they couldn't do anything with the claim now until i respond to paperwork.

I haven't lived at the address they said the details where sent to for about 2 to 3 years so haven't received anything.

 

The girl provided me with a number for the court but no name so asked me to call them for a copy of the paperwork.

 

I asked to put the account on hold and explained the situation about traveling but they where not having any of it.

 

What do i do?

Please help!

[unclebulgaria67]

Northampton county court bulk centre will have the court claim details and you should be able to get the details so you can acknowledge it, to defend in full.

 

Give them a phone call ASAP. Mention that the claimant has bern unhelpful in supplying the info and deliberately sent the court claim to an old address.

 

Click on bulk centre above for a link to telephone numbers.

[renegadeimp]

also once you have that info, its easy to stop cabot in their tracks. VERY easy. But first, try and remain calm and get that info as stated above.

[s8n]

Northampton county court bulk centre will have the court claim details and you should be able to get the details so you can acknowledge it, to defend in full.

 

Give them a phone call ASAP. Mention that the claimant has bern unhelpful in supplying the info and deliberately sent the court claim to an old address.

 

Click on bulk centre above for a link to telephone numbers.

 

Thank you. I will do that today.

 

also once you have that info, its easy to stop cabot in their tracks. VERY easy. But first, try and remain calm and get that info as stated above.

 

How would i do that?

[ericsbrother]

well, you have already mentioned one thing, the CCA request. they dont have the info so that will slow them down to say the least. Also they will then have your correct address so they wont be trying the backdoor again

[s8n]

I haven't made the request yet.

What act do i need to state for this?

 

Also the girl mentioned the CCA request will not hold back court proceedings.

I also offered to start making payments, just until i work this out.

They said this wouldn't help either.

 

Should i provide them with my true address, or a safe address where i can get the mail from?

[AndyOrch]

Simply ring Northampton MCOL and tell them that this claimant has issued a claim against you using an old address...ask can they provide a copy of the claim pack or at least the details of the N1 so that you can defend it (subject to the date it was issued)...once you have this we can then advise on sending a CCA

 

 

Andy

[s8n]

Hi Andy.

 

I have been trying to call them since last week.

The phone just rings for a while.

Then cuts out.

 

How long do i have to respond to the claim they made from the date they sent the documents (30/08/2017).

 

i have spoken to the court and MK.

The court are emailing me an Acknowledgement of Service Letter which will give me a further 14 days to put together a defence.

Also they are emailing me the particulars of the claim.

 

I also spoke to Mortimer,

they put a request in the day i asked for the agreement,

and said they cannot provide the agreement "probably because of the age of the account".

 

They can just provide me the last payment date, default date and amounts.

[AndyOrch]

You have 19 days from and including the date on the N1 (claim form) to acknowledge service and then a further 14 days to submit your defence...33 days in total

[s8n]

Which of the N9, N9a or N9b do i complete to acknowledge the service?

Thanks.

[dx100uk]

did you not ask for a copy of the claimform to be emailed to you?

as 3 people told you to do..

once you know the password you can do it online

[s8n]

Hi.

I did. The guy at the court sent me an email with the particulars - below:

 

---------------------------------------------------------------------------------------------------------------------------------------------

Claimant

 

CABOT FINANCIAL (UK) LIMITED

1 KINGS HILL AVENUE

KINGS HILL

WEST MALLING

KENT

 

 

Claimant solicitor

 

MORTIMER CLARKE SOLICITORS

3RD FLOOR

16-22 GRAFTON ROAD

WORTHING

WEST SUSSEX

BN11 1QP

 

 

 

Defendant

 

MR ****** *******

## ****** Street

MANCHESTER

M## #**

 

 

 

Particulars of Claim

 

BY AN AGREEMENT BETWEEN IDEM RE EGG BANKING PLC & THE DEFENDANT ON OR AROUND 06/12/2007 ('THE AGREEMENT') IDEM RE EGG BANKING PLC AGREED TO LOAN THE DEFENDANT MONIES. THE DEFENDANT DID NOT PAY THE INSTALMENTS AS THEY FELL DUE & THE AGREEMENT WAS TERMINATED. THE AGREEMENT WAS ASSIGNED TO THE CLAIMANT. THE CLAIMANT THEREFORE CLAIMS 5###.##

 

 

 

 

Other info

 

Date issued: 30-AUG-2017

Amount Claimed: £ 5###.##

Court Fee: £ 410.00

Solicitor’s Costs: £ 100.00

Total: £ 5###.##

 

--------------------------------------------------------------------------------------

 

Along with attached documents: a guidance document, and N9, N9a and N9b

[dx100uk]

have you a box of text titled important note:

[AndyOrch]

Its the N9 ...there wont be a password provided on the email DX just the basics.

 

http://justclaim.co.uk/court-forms/N9-response-pack.html

 

Andy

[s8n]

have you a box of text titled important note:

 

No other text like that except:

------------------------------------------------------------------------------------------------------------------------------------------------------

 

If you are returning your claim response or any claim response forms to the court by email then you MUST state the phrase ‘CLAIM RESPONSE’, together with your claim number, in the subject line of your email. Please note all full admissions must be sent directly to the claimant or their solicitor.

 

Thank you for your enquiry,

 

Please read these notes carefully - they will help you decide what to do next.

 

Court staff can help you complete the reply forms and tell you about court procedures. They cannot give legal advice.

If you need legal advice you should contact a solicitor or the Citizens Advice Bureau immediately.

You must respond to this claim form within 14 days of the date of service. The attached forms may be used for that purpose.

The date of service is taken as 5 days after the issue date.

 

If you agree with all of the claim and wish to pay it now

 

Take or send the money, including any interest and costs, to the claimant. The address for payment is on the front of the claim form. You should ensure that the claimant receives the money within 14 days of the date of service. There is further information on how to pay below.

 

If you agree with all of the claim and are asking for time to pay

 

Complete the admission form (N9A) and send it directly to the claimant within 14 days of the date of service. Please see the address on the front of the claim form to which documents are to be sent. Do not send a copy to the court.

Filing an admission may result in Judgment being entered against you

 

If you admit only part of the claim

 

Complete the admission form (N9A) and the defence form (N9B) and send them both to the court within 14 days of the date of service.

 

If you disagree with the claim or if you want to make a claim against the claimant (counterclaim)

 

You must send either the completed acknowledgment of service form or a defence to the court within 14 days of the date of service. If you send the acknowledgment of service you must send a defence to the court to arrive no later than 28 days from the date of service.

 

Registration of Judgments

 

If this claim results in a Judgment against you, details will be entered on a public register, the Register of Judgments, Orders and Fines. These details will then be available for credit reference agencies to pass onto credit grantors and others seeking information on your financial standing. This will make it difficult for you to get credit. A list of credit reference agencies is available from the Registry Trust Limited, 173/175 Cleveland Street,

London, W1T 6QR.

 

Costs and Interest

 

Additional costs and interest may be added to the amount claimed on the front of the claim form if Judgment is entered against you. If Judgment is for £5,000 or more, or is in respect of a debt which attracts contractual or statutory interest for late payment, the claimant may be entitled to further interest.

 

How to Pay

 

• payments must be made to the person named in the address for payment box quoting any reference and the court case number.

• do not bring or send payments to the court - they will not be accepted.

• you should allow at least 4 days for your payments to reach the claimant or their representative.

• make sure that you keep records and can account for all payments made. Proof may be required if there is any disagreement. It is not safe to send cash unless you use registered post.

• a leaflet giving further advice about payment can be obtained from any county court.

• if you need any further information you should contact the claimant or the claimant’s representative.

 

Please note: The attached form(s) contains fillable form fields, and the software to complete the form can be downloaded for free from http://get.adobe.com/uk/reader.

 

Please see the attached blank claim response forms.

 

Regards,

------------------------------------------------------------------------------------------------------------------------------------------------------

 

Its the N9 ...there wont be a password provided on the email DX just the basics.

 

http://justclaim.co.uk/court-forms/N9-response-pack.html

 

Andy

 

Cool, i will use the N9.

 

Also, i have just found a letter that had my new correct address on it from February. It starts with:

 

"Welcome to Cabot

We have recently confirmed that you live at the above address..."

[AndyOrch]

[s8n]

the acknowledgement of service is done.

 

So i have a few questions:

 

1. Will i have to represent in court or can it be done in paperwork?

 

2. Do i need to get a solicitor (i cant really afford one).

 

Now i see 2 issues with their case:

 

1. They cannot provide me much information (as mentioned above) including the consumer credit agreement. They can only provide me the default date, default amount and last payment date. Also i dont have recollection of this particular debt.

 

2. They contacted me on 14/08/2017 whilst i was abroad by phone, and i told them they need to call back in a few weeks as i was away. I didn't receive a call, or further communication. By 30/08/2017 they submitted the CC claim.

 

3. They Sent a letter to my new (temporary) address saying they have proven I am there and sent me subsequent letters, i didn't get them at the time as they where posted into the wrong mail box. They then applied for the Court claim on my old address.

 

One of the biggest issues i have with these things is the "debts" keeps being sold, and in any year i have 20+ letters for a particular debt.

I dont know which debts are which and which companies are covering what.

I wish they wouldn't do that.

 

Any help would be vital and great.

 

Thanks

[dx100uk]

the acknowledgement of service is done.

 

So i have a few questions:

 

1. Will i have to represent in court or can it be done in paperwork? - if it gets that far, yes you have to go

 

2. Do i need to get a solicitor (i cant really afford one).- no never.

 

 

you need to go read other claimform threads with the same players

 

as far as I can see you've read none unless you've don't it whilst not logged in.

[s8n]

Name of the Claimant ? - Cabot Financial (UK) Ltd -

 

Date of issue - 30/08/2017

 

Date to submit defence - 29/09/2017

 

What is the claim for –

1.by an agreement between idem re egg banking plc & the defendant on or around 06/12/2007 ('the agreement') idem re egg banking plc agreed to loan the defendant monies.

2.the defendant did not pay the instalments as they fell due & the agreement was terminated.

3.the agreement was assigned to the claimant.

4. the claimant therefore claims £5500

 

What is the value of the claim? - £5500

 

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

 

When did you enter into the original agreement before or after 2007? - - According to Cabot Finance information 06/12/2007

 

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?- A notice was received to my new address.

 

Did you receive a Default Notice from the original creditor? -- No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

Why did you cease payments? - - I needed to identify what the payment was to as there where numerous creditors and I didn’t recognise this one. Additionally the loss of income.

 

What was the date of your last payment?- According to Cabot records

Default date: 06/03/2012

Last paid: 02/12/2015 (No payment amount information provided)

 

Was there a dispute with the original creditor that remains unresolved?- There is no Communication with Egg Banking PLC and I have been advised against contacting egg banking by Cabot and Mortimer. Egg have said they are no longer dealing with this.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?- - At the time no, as there was a dispute on the origin of the debt.

[dx100uk]

have you sent off cca/cpr?

 

oh and one tip reading back over all your previous threads

2 of which are previous claims which you sadly appear to have bodged upi totally by not following advice and doing your own thing...

STOP PHONING DCA's and and their solicitors...you've been advised lots of times not to do that ..but you appear to still do it..dont!!

 

please do as you are advised

not what you think you need to do

always check here first before you do anything

else you'll bodge this claim too!!

 

 

dx

[s8n]

Yes i have done so, but i fear i dont have enough days for them to respond.

I believe i have until 02/10/2017 to respond to the courts.

They did say they were going to send confirmation that they could not provide the CCA as the debt was too old.

- Not yet received.

 

I agree with you, they where expensive mistakes.

I think my default setting is to need to talk as the contacting them in writing feels like it takes too long,

especially with Cabot and Mortimers Solicitors moving extremely slowly.

 

Mortimers Solicitors have already said they cannot provide me with the original CCA except the information i have provided above.

 

I do agree,

i will stop contacting them by phone and ensure everything is in writing.

Also, i will definitely follow only the advice here.

[dx100uk]

your defence needs filing by 4pm Friday.

 

if they've not responded

then find the holding / no paperwork defence on 100's of threads here

 

post it up before filing so we can check it.

 

you'll also have to email your defence

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

.

[becareful there are no spaces in the email ad]

[s8n]

You are up late!

 

By the way, Thank you and the rest of the guys for all the assistance thus far!

 

Will do,

any particular ones i should look out for.

I will try and draft it up tonight.

I do not have access to mcol for this claim so i presume i need to post it by snail mail and recorded.

 

Will do as soon as you guys have confirmed the defence.

[dx100uk]

off you go have a try ..

 

search CAG box top red toolbar

 

cabot Mortimer claimform loan

[s8n]

Particulars of claim: (As Written)

 

BY AN AGREEMENT* BETWEEN IDEM RE EGG BANKING PLC** & THE DEFENDANT ON OR AROUND 06/12/2007* ('THE AGREEMENT') IDEM RE EGG BANKING PLC AGREED TO LOAN THE DEFENDANT MONIES.*

 

THE DEFENDANT DID NOT* PAY THE INSTALMENTS AS THEY FELL DUE & THE* AGREEMENT WAS TERMINATED.

 

THE AGREEMENT* WAS ASSIGNED TO THE CLAIMANT.* THE CLAIMANT THEREFORE CLAIMS*** 55##.##******

*******************************************************************************************************************************************************************************************************************************************************************************

Other info

*

Date issued: 30-AUG-2017

Amount Claimed: £ 55##.##

Court Fee: £ 410.00

Solicitor’s Costs: £ 100.00

Total: £ 6###.##

 

1. The defendant contends that this county court claim was intentionally issued to the defendants old address proven by Appendix 1 (Letter from the Claimant stating that confirmation has been made of residence at the new address). Details of this claim where received direct from the court after the defendant contacted the claimant to access information re this debt from the claimant.

 

2. 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.

 

3. The Defendant denies owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement / contract / breach as requested by CCA Request under Section 7 of the Consumer Credit Act of 1974 and CPR 31.14 and is in default of a Section 78 request.

 

4. The Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received.*

 

5. 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.

 

6. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant.

 

7. As per*Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears.

 

Therefore the Claimant is put to strict proof to:

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

(b) show how the Defendant has reached the amount claimed for; and

© show and evidence service of a default notice/termination;

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

 

8. 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.

 

Is this okay? I will print and post recorded delivery before 5.30. Thanks