Cabot/Mortimer claimform - old Capital One branded Luma Credit Card

[roland60]

thanks Dx!

[roland60]

Hi there,

I recently received a letter from Mortimer Clarke Sols regarding Cabot Financial, stating the following:

 

"We note that we have not gained a response to our previous letter, copy enclosed. Our client set out it's position in the previous letter and it remains unchanged.

 

We have reviewed the matter and we have been instructed by our client to make an application to lift the stay and apply for summary judgment, if a settlement agreement cannot be reached within 14 days.

 

Our client remains willing to agree a repayment plan with you. If you wish to enter into settlement negations please complete and return the statement of means form attached, within 14 days, with your proposals."

 

They attached a letter dated 4th June 2018 which I have never seen or received before outlining that they have sent me the following docs:

 

1) Reconstituted agreement with current and historical t&cs

2) Statement of Account from the original creditor

3) Notice of Default

4) Statement of default

5) Notice of assignment

6) Statement of account from our client

 

I have never received these and they are not attached with this letter.

 

They further they go on to say in the June letter:

 

"It is not clear what your defence to this agreement is, we ask that you set out the precise legal basis of any defence within 14 days.

 

Alternatively, our client would like to settle matters with you without the need for further court proceedings. We therefore ask that you put forward repayment proposals to address to outstanding balance."

 

Any advice on this matter would be appreciated, thanks.

 

 

Roland

[dx100uk]

The claim is stayed

Until or unless you get an N244 id ignore them

[roland60]

Thanks Dx100 for the clarification.

[unclebulgaria67]

Thread open for posts

[roland60]

Hi

 

Please see attached hearing date and WS from Cabot Financial. 

WS Cabot.pdf

[dx100uk]

we need the exhibits that are not just their template letters nor stuff we have seen before

 

so you've had notification from the court and the fleecers N244 too then to lift the stay..??

[roland60]

Hi DX

 

Yes we've had notification from the court with the N244 for the stay to be lifted and summary judgment to be granted pursuant to CPR Parts 24 and/or strike out of the defence under 3.4 on the grounds that:

1) Defendant has no prospect of defending the claim

2) There is no compelling reason why the case should be disposed of at trial

 

Should the defendant wish to rely on written evidence at the hearing , they should file such evidence with the court and serve a copy on the claimant not less than 7  days before the hearing pursuant to CPR Part 24.5(1). 

 

The hearing date: 4th Dec 2019.

 

They have sent too much paperwork to scan, if you could let me know which documents you would like from the list I will scan and attach accordingly, thanks.

 

1) Exhibit JK1 

- Original Agreement & T&Cs

- Default Agreement & Terms of your Credit Card Agreement  

- Important information about your credit card (Agreement & T&Cs)

- Original Account sold to Cabot letter - 18th April 2017

- Cabot letter they have the account - 18th April 2017

- Mortimer Clarke Sols letter to discuss debt - 11th Oct 2017 

- Cabot letter Statement of Account 7/4/2017 - 11/10/17 dated 11th Oct 2017

- My Defence 9th Feb 2018

- My CPR 31.14 Request - 2nd Feb 2018

- Letter from Mortimer for receipt of my CPR request  - 12th Feb 2018

- Letter from Mortimer for receipt of defence and response to some of the points in my defence, Assignment, POCs, Pre-action Protocol - 14th Feb 2018

- Letter from Mortimer - account on hold waiting for documents from their client and response to some of the points in my defence - 4th June 2018

- Letter from Mortimer that I haven't responded to their letter dated 3rd Jan 2019 and that they will be making an application to lift the stay -  No copy of this letter is attached - 4th April 2019

- Statements 

- Copy of the Default Notice  served 3/11/2015

- Statement of Default - 6/12/2015

 

Many thanks,

Roland 

 

 

 

 

[roland60]

Bump

[roland60]

Hi there

 

Just needed someone to look over post #33 regarding the documents required. 

 

Many thanks 

[dx100uk]

already answered that roland in my last post 

don't need two post to show you don't ever check first before posting unnecessary repeats for advice already given.

[roland60]

Hi DX

 

thanks for getting back to me, I think there’s been a bit of misunderstanding or confusion....

I didn’t mean to keep posting for advice, 

 

your last post #32 advised me to put up exhibits not seen before excluding template letters.... 

they sent all them documents in the exhibit mentioned in my post #33,

 

wasn’t too sure what was relevant for me to put up from that list of documents,

hence why I asked what you would like as there are too many pages,

didn’t want to put up unnecessary pages.

 

thanks,

Roland 

[dx100uk]

quite understand that.

 

but I cant see what is not clear by me saying.

we need the exhibits that are not just their template letters nor stuff we have seen before

 

the only misunderstanding or confusion.... is upon your part.

 

you have 7 days to get your WS completed and sent.

 

this is your 4th court claim

one would hope someone with that kind of experience would not be needing any help and might even have been helping others

not appearing to be a novice and asking silly basic unnecessary schoolboy questions as if its your 1st ever court claim experience

 

 

 

 

 

 

 

[AndyOrch]

Have a read of the following thread....similar application to lift the stay and request Summary Judgment.

 

 

 

[roland60]

Hi Andy

 

Thank you for the link, it was very helpful, appreciate it. 

 

I was actually made to feel quite 'stupid' and felt as if i was wasting the forums time on this thread after DX's comments in post #38.   

 

Please see attached the necessary documents, please do let me know if you require anything else, many thanks.

 

Files attached:

 - Default Notice 

 - statement of Default Notice

 - Reconstituted Agreement & T&Cs - 3 different sets

 

P.S - sorry about the quality of the T&Cs, the high quality files were too large and had to reduce them.

 

Thanks,

Roland

 

Exhibit JK1.pdf

[dx100uk]

in their WS they state its a recon, [pages 1-10] urm something smells here

for this to happen for an online 2012 signup.

 

pages 1+4+5 appear to be missing??

 

need to discover whats going on here 

so scan up the pages 1-10 as clear non blurred uploads

no good to us if we can see them

 

if you need to send them via the secure email then do so

and i'll do it.

but we need to see the text of all 10 pages very clearly to workout what they have done..

 

and just to check that they are statement from cap1 and not from any other source scan up one statement please.

 

its better you look stupid infront of us than lose another case infront of a judge. 

you only waste the forums time when you don't follow what has been already advised 

esp when it runs the clock closer to a deadline - its 3 weeks we've been waiting for these docs now

and what do we get..mostly blurred uploads we cant read...

[roland60]

I have sent pages 1-10 via the secure email.

 

Please see attached one statement as requested.

 

The 3 week delay was due to my uncle being ill then passing away within a week of his illness.

 

Regards

Roland

 

 

example statement.pdf

[dx100uk]

will deal in morning

 

dx

[dx100uk]

cant find the email with better scans of pages 1-10 

did you send it?

 

dx

 

[dx100uk]

got it 

for some reason this one was stopped by the online webmail portal as spam

the rest have always come thru no issue

 

working...

 

dx

 

[dx100uk]

sorry busy day

attached is a large file re clear agreement/ T&C's

 

is that obscured signature typed or your real sig?

Exhibit__Cabot_Vs_Roland.pdf

[roland60]

Hi DX

 

Thanks for putting up the agreements/ T&Cs

 

The obscured signature was typed.

[dx100uk]

those docs could have come from anywhere their filing cabinet even here on CAG and all they have done is insert your name in two places.

there is no indication of how you signed up for this card in their WS

there is no time or date or IP addressed evidenced either.

 

that's why they are calling it a recon.

they need to provide proof of how and by what method you signed up for this credit.

[roland60]

Hi Dx

 

Thanks for getting back regarding the 3 agreement and T&Cs.

 

Yes I did wonder why I had 3 sets of agreements and T&Cs....

 

Also their WS states in para 4 ...the defendant entered the agreement ON OR AROUND 5/11/2012 and then exhibit page 2 of the alleged Original Agreement has a date for 2/11/2012.....

. then a default agreement sheet page 4?,

and then 'terms of your capitalone credit agreement' with no date either...

too many grammar mistakes on pages 5 & 6 in the headings...

surely that can't be right....

 

I will start my WS now, if there is anything else that stands out please do let me know, i will post up the WS as soon as I have done a draft.

 

Another point i have noticed on Page 2 of the JK1 exhibit, the marketing box is 'unticked'.  

As a rule of thumb if i apply or do anything online i always tick the box for no junk mail!

This form is definitely fabricated by them and is not the original.

 

 

[roland60]

Hi 

 

This is my draft WS, please do let me know of nay changes or additions required, thanks. 

 

IN THE County Court AT                                                                              CLAIM NO: 

 

 

BETWEEN:

CABOT FINANCIAL (UK) LIMITED

 

-and-

(DEFENDANT)
 

 

___________________________________________

WITNESS STATEMENT OF 

 

 

 

INTRODUCTION 

 

1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary. 

 

THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT 

 

2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.  

 

3. The Claimant in Para 4 also states ‘On or around 5^thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.  

 

4. As a rule of thumb I always ensure that no 3^rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement. 

 

5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.  

 

6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.

 

7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.

 

8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7. 

 

9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.

 

I believe that the facts stated in this Witness Statement are true. 

 

Signed: 
Dated: