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Cabot/Shoosmith claimform - newday Aqua Credit Card

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Hi everyone just need some pointers

 

I've acknowledged the claim on the date provided.

I know I'm supposed to send letters but will it be enough time now for me to get a response?

I'm worried am I too late?

Will I have to submit a defence now?

Please help me with my best course of action.

28 days plus 5 for service gives me 13th march 2018 to file defence is that right?

 

Do I need to agree an extension with shoosmith in order for them to send me docs at this late stage?

 

Received a claim? Yes

Issue Date: 8/02/2018

Have you Acknowledged the Claim?: Yes, 20/02/2018

Total Amount Claimed:£521.86

Claimant’s Name: Cabot financial

Solicitors Firm: Shoosmith LLP

Original Creditor: Aqua Credit Card/Newday (eg. Credit card/Loan/Overdraft) :Credit card

Particulars of Claim:

1. The claimant claims the sum of £436.86 being monies due from the defendant to the claimant under a regulated agrement between the defendant and New day and assigned to the claimant on 12/09/2017, notice of which has been provided to the defendant.

 

2. The defendant has failed to make payment in accordandance with the terms of the agreement and a default notice has been served pursuant to the Consumenr Credit Act 1974.

 

3. The claimant claims the sum of £436.86.

 

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No

 

List any letters you have sent (eg: CCA/ CPR ) none

 

Any Other Information or Background Details:

this is a debt originally with New day Credit card under the Aqua name.

I've checked my credit report using noddle,

instead of saying Aqua or new day it has Cabot credit managment group,

acc start date dec 2016, date default 31/08/2017.

also I have to send a CCA request to Cabot financial and a CPR request to Shoosmith incl a copy of CCA letter sent to Cabot, sending both by recorded delivery.

 

The cca letter:

 

[Removed please do not post templates from the Library on the open forum - andyorch]

 

 

Request for documents mentioned in a statement of case under CPR 31.14

 

[Removed please do not post templates from the Library on the open forum - andyorch]

 

 

defence:

I've attached file due to size.

please advice on point 13.

I haven't agreed extension should I do so and how do I do that?

 

sorry if everything is a bit jumbled, am I on the right track?

 

 

Thanks

Edited by Andyorch
CCA/CPR templates removed

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you need to send the CPR 31:14 and CCA off tomorrow as a priority

 

you will find them in the library

 

send CPR to solicitors and CCA to Cabot

 

No need to sign anything

 

Send registered post

 

your defence is due 13th March by 4pm

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Thanks for the quick reply, should I file the defence now or wait till I receive anything up and till the 12th March?

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your defence needs work

 

for the standard defence to work you need those letters posted ASAP

 

don't file anything as yet

 

Andy or DX will be along later and advise you further

 

use our standard letters not the ones you have posted above

 

also your defence didn't attach to your post

Edited by dx100uk
merged

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ok will do, sorry attached draft now.

 

In the Northampton County Court Business Centre

Claim No: [XXXXX]

 

[Claimants Name]

Claimant

And

 

[Defendants Name]

Defendant

 

 

DEFENCE

1. I received the claim [Claim Number] from Northampton County Court on 2/02/2018

 

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

 

3. This claim appears to be for a credit card agreement regulated under the Consumer Credit Act 1974.

 

4. It is denied that the Defendant has [previously] entered into an agreement with Cabot financial for provision of credit.

 

5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

 

6. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

 

7. The Claimants statement of case states that the account was assigned from New day to redrobbie on 12/09/2017. The Defendant does not recall receiving notice of this assignment.

 

8. It is denied that New day served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

 

9. On the [Date] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Shoosmith LLP I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment].

 

10. Shoosmith LLP has not sent any of these documents to me.

 

11. On the [Date] I sent a formal request for a copy of the original agreement to Cabot Financial pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

12. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

 

13. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

 

14. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

 

15. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

 

16. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

 

17. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

 

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

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And dont send that defence :-)

 

Andy


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Hi Andy

 

Lol so what should I send as defence? Or do I wait?

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Well its only due on Monday.......will take a further look tomorrow for you and offer an alternative CPR complient.


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No probs appreciated

 

Well its only due on Monday.......will take a further look tomorrow for you and offer an alternative CPR complient.

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your defence is due 13th March by 4pm

12th by 4pm the claimform date is one in the count.


..

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so you opened a credit card in dec 2016 and 8mths later you'd already defaulted on a +£400?

 

what happened

tell us the cards story please...

 

gonna be difficult to get out of this IMHO


..

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I was working for uber and at the same time trying to finish my gas qualification, uber was a bad idea because of the costs involved working for them e.g rent car, petrol

 

All this effected my exams so I got the card to give me a buffer and everything was fine until I started losing control of my finances, bills started mounting, I should of got help earlier but at the time I didn't see how.

 

I'm not even looking to get out of paying it, I'd prefer someway to delay any judgement so I can pay the amount off but I need maybe a month or two. Just want to avoid the CCJ on my credit, that's the last thing I need in my life.

 

I'm working for a better company now and would be easily able to pay it off then.

 

From what I've read on the internet If I receive judgement and pay of the order within 28 days will this stop the CCJ from entering my credit record?

Edited by dx100uk
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So a holding defence which put them to strict proof to disclose all documents they rely on......this will give you a couple of three months to be able to pay should they proceed and you lose.

 

Post #29 of the following thread...edit to suit your particulars...post here for checking.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?476719-Lowell-claimform-Aqua-Credit-Card-Debt***Claim-Discontinued***/page2&highlight=newday+Aqua+Credit+Card

 

Regards

 

Andy


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That would be enough time bit busy at work now will do that when back home this evening at the latest.

Edited by dx100uk
quote

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Well its only due on Monday.......will take a further look tomorrow for you and offer an alternative CPR complient.

 

Andy the alternative cpr complient you mentioned, Do I still need that?

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pop you defence up and it will be sorted


..

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Andy the alternative cpr complient you mentioned, Do I still need that?

 

The one in the link provided is CPR compliant


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please find my defence attached

 

pop you defence up and it will be sorted

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post it up in as text in msg box here please so it can be edited not to a doc


..

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1. The claimant claims the sum of £436.86 being monies due from the defendant to the claimant under a regulated agreement between the defendant and New day and assigned to the claimant on 12/09/2017, notice of which has been provided to the defendant.

 

2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.

 

3. The claimant claims the sum of £436.86.

 

The Defendant contends that the particulars of claim are extremely vague. 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.

 

Paragraph 1 it is noted I have held in the past a financial agreement with Newday Ltd Aqua. I do not recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and CCA Section 78 request. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1).

 

Paragraph 2 of the claim is denied. I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

Paragraph 3, on receipt of the claim form, I the Defendant sent a request by way of a Section 78 request pursuant to the Consumer Credit Act 1974 for a copy of the agreement, by Royal Mail 1st Class Recorded Delivery, the Claimant has yet to comply and as such is in default of said request.

 

Additionally I have also requested by way of a CPR 31.14 copies of the documents referred to in the particulars.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant, 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; and

© 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;

 

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

 

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 82 A of the consumer credit Act 1974.

 

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.

 

 

post it up in as text in msg box here please so it can be edited not to a doc
Edited by Andyorch
Edited

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Can't seem to be able to edit my posts, where it says "additionally I have also requested by way of a CPR 31.14... will that need to be deleted or does that refer to the standard documents Cabot provide everyone when they take over our debt from New Day? I can't seem to find anything they sent me

Edited by applesnpears
More detail

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Defence is fine...just a few tweaks.....what date did you enter into this agreement?

 

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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With New day Aqua? On my credit report it just shows Cabot now and not New day states 9/12/2016 as acc start date

Edited by applesnpears
Wording

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And this reconstituted agreement was sent vis a CPR 31.14 or Section 78 request ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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And this reconstituted agreement was sent vis a CPR 31.14 or Section 78 request ?

 

Sorry Andy I wanted to take that part out but couldnt edit the post, yesterdays CPR and CCA are my first requests to them.

 

I received no reconstituted agreement that I know of

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