Cabot/Mortimer Claimform - SAV Credit RE Marbles card debt

[renegadeimp]

Hi all.

 

Just after a bit of advice. I know most of it, and already sent a SAR to OC.

 

Just got back home after a few days away, and my partner has said she has a court claim from Mortimer clark on behalf of cabot for a marbles CC .

 

Bit of history, the card was taken out early 2016, and was maxed out to around 1800 ( with charges) as she unfortunately lost her job. She refused to phone marbles and cabot as she has read on here what theyre like ( plus my advice too).

 

The debt was passed to mortimer clark a month or so ago, but after looking at all the paperwork she has for it, they never sent out a PAP letter.

 

The only thing we have from Mortimer is a few begging letters and a multi page letter that begins with a full A4 sheet, that simply reads " we need your attention - potential legal action. Please call us on xxx"

 

The next page then goes on to say that they really need to speak to us, or cabot MAY start court proceedings. Then has a multi page document asking for I&E and explaining who they are. And asks if she agrees she owes the debt, owes some of it, blah blah blah. including a DD agreement.

 

Does the lack of a PAP negate any court action as they havent followed the basic court protocol? Or is this mortimers version of the PAP letter?

I should add that i will likely expect the same for an aqua card i had for a few years and maxed , as we had to use it to keep our heads above water with rent etc. I have received the same treatement, and no reply. Although i have written to cabot regarding my account as i was maxed out at around 4500 with AQUA , told them i was unable to pay aqua ( after they added charges) but they still suggested raising the credit limit to help.

 

I have heard nothing back from cabot yet. I will be ringing them today or tomorrow and recording the call in full so they cannot claim a letter was never sent.

 

Also, heres the relevant info

 

Name of the Claimant ? Cabot Financial

 

Date of issue – 28 June

Particulars of Claim

 

1.By an agreement between SAV Credit RE Marbles & the defendant on our around 25/02/2016, SAV Credit RE Marbles agreed to issue the defendant with a credit card.

 

2.The defendant failed to make the minimum payments due & the Agreement was terminated. The agreement was assigned to the Claimant.

 

3.THE CLAIMANT THEREFORE CLAIMS 1978

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No. Just generic begging letters save for the one mentioned above.

 

What is the total value of the claim? 2163.71

 

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

 

When did you enter into the original agreement before or after April 2007? After

 

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. Assigned to DCA who issued

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? Unsure but likely

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No. just letters from OC and Cabot asking for payment.

 

Why did you cease payments? Partner lost her job and was unable to continue. letters to OC went unanswered

 

What was the date of your last payment? Unknown. Ability to find out via online account no longer works, and cannot find statements

 

Was there a dispute with the original creditor that remains unresolved? Just no communication from her attempts at writing.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

 

Tried to yes. She called the OC when she lost her job but they wanted full I&E or they wouldnt enter into discussion. She tried writing twice with a simplified one, but no reply.

If you need more info i will give what i can. She has gone on holiday for 2 weeks with her family now, but i have the relevant info in front of me

[AndyOrch]

Thread moved to the correct forum.

 

Thread title amended

 

 

Andy

[renegadeimp]

TY andy. Thought i did post it there.

[AndyOrch]

TY andy. Thought i did post it there.

 

Noooo...Debt Collection Agencies

[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 start 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

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

[renegadeimp]

Yep yep. All thats going out tomorrow.

 

Just need to work on a defence for her and get her to read it when shes back.

 

I am puzzled though. I thought a PAP letter was mandatory before a claim now?

 

SAR is also going out tomorrow to get full statements, as it looks like she didnt keep them.

[dx100uk]

sar not really important, charges etc don't really come into a court claim unless you are looking to settle for a reduced figure at mediation or via a tomiln to prevent a CCJ killing her credit/renting/mortgage/jobs for the next 6yrs.

 

PAP is important and would be noted in your defence which is weeks away yet...

[renegadeimp]

Ok. I will also look into a tomlin order as well, to give her a choice in what to do. Ideally i'll want her to file a full defence and kill the claim, but thats up to her.

 

I will scan up and post the PDF of their version of a pap after work today. Just i case we misread it, or they didnt title it correctly to mislead her

[dx100uk]

its would state pre action protocol and be titled letter of claim

 

and you'd have gotten like the attachment in post 4 here if it was

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017(1-Viewing)-nbsp

 

Thread title altered again....

Edited July 2, 2018 by Andyorch
Thread title altered

[renegadeimp]

Right, shes back. Silly cow took the letters to her parents before she went on holiday and left them there, so chances are she missed AoS, although she said she filled it in a day ago.

 

But if thats true, whats done is done.

 

The PDF is attached. The only thing that refers to the entire thing as a letter of claim is a small sub headline on page 3. It doesnt state it anywhere else.

 

I should add i received a very similar letter a week or so ago regarding my CC debt where i maxed it out to keep our heads above water. . I will create my own thread about it.

 

 

is this a full on PAP, or have they designed it to delibrately mislead people.

letter of claim .pdf

[dx100uk]

upload properly redacted and rotated and reduced in size from 9Mb to 1Mb.

 

bit sparse but I suppose if will do,

 

she can do AOS now shes still in time

ring her and get her to do it

else do it yourself if you have the claimform copy still?

[AndyOrch]

Use the following form if different to theirs.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017(1-Viewing)-nbsp

[renegadeimp]

She filled it in yesterday.

 

Sorry about the PDF. On my end it appeared fine :/

 

Does that letter mean its a genuine letter of claim, despite nothing on the main bulk saying so apart from that 1 small sub heading?

 

Im also trying to get her to sign up to the site so you dont have to go through me for info

 

i will add there is a little more on that letter, but its just a I&E form and payment details.

[dx100uk]

no look at your redactions and my white boxes atleast 3 lotson one of the pages in full view not redavted

 

now go do mcol don't use the paper forms

read that post a sent.

have you a copy of the claimform?

 

dx

[renegadeimp]

Yeah. Claimform is here. AOS was filled online by her yesterday when she got back off hol with her parents

[dx100uk]

that's good

well don't miss the def filing date whatever does or does not happen!!

[renegadeimp]

Despite putting in the acknowledgement of service and the time limit not yet expiring for putting in a defence, She received a letter 20 mins ago ( dated FIVE days ago) below

 

She is making an account on here later to day as we both think this is blatant misleading and misdirection and want to nip this in the bud.

 

Can anyone give any advice on this letter please in the meantime

1.pdf

Edited July 23, 2018 by dx100uk
Spacing

[AndyOrch]

And your definitely sure friend Acknowledged Service ?

 

Can you actually check the status on MCOL using her log in details ?

 

 

Andy

[renegadeimp]

My partner. yes.

 

from moneyclaim:

 

 

The shortened version at the bottom of the site also says acknowledgement of service was the latest document. It seems theyre trying to skip around the process and making people believe that theyre out of time as the site looks to say aos was accepted

[AndyOrch]

More of a case getting a little over zealous assuming you dont know the procedure...ignore it.....get your defence ready.

 

 

Andy

[renegadeimp]

Ok. Shes registering here in a few hours, and ill try and help her with a defence and post it up asap. Just wanted to make sure the AOS was filed in time and it looks like it was, and theyre trying to bluff.

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?488645-Cabot-Mortimer-Clarke-Claim-Form-Yorkshire-Bank-Overdraft&p=5136715#post5136715

 

Looks like mortimef have sent another 'mistake' bulk letter to lots of court defendants

[jennaroopup]

Hi everyone. Just managed to sign up to this website.

I'm Jen, Renegadeimps better half .

I've read through everyones comments and want to thank you for the advice.

 

I would like to let you know what i've done so far.

 

I acknowledged the claim form as another member on here suggested when i got back from spain a week or so ago.

I sent off CPR and CCA request end of last week.

 

I believe they need these to progress with the claim?

I received the letter from them that they are saying is a letter of claim, but im totally unsure if it is or not.

Neither me or Renegadeimp is sure about that.

I should add, he's received one of his own so almost guaranteed he'll be in the same situation as me soon.

 

Can anyone tell me if that is an actual letter of claim,

or is it like the last letter they sent where they said they were going to ask for a default judgement,

despite the defence time not even up yet.

If so, should i use this in a defence?

 

Also, can anyone tell me what date my defence needs to be put on the moneyclaim site. I really dont want to pay this company, as ive heard they are a pretty shady company.

 

Renegade has gone to work, so im going to spend the next hour or so reading this site as it seems to be full of useful info.

Edited July 24, 2018 by dx100uk
Real name removed spacing - dx

[honeybee13]

Welcome Jen, nice to see you.

 

 

Happy reading.

 

 

HB

[jennaroopup]

Hi everyone. Ive been trying to find what defence i should use but am a little overwhelmed by all the legal things on this site

I was told that they have to comply with the 2 letters i sent. CCA request and CPR request ? i think ?

But i havent had any reply from them yet.

 

I've noticed a few posts on this site that have a defence for when the solicitors havent replied to my requests.

Should i use one of those defences, can i put it on here so you can check to make sure it is ok?

 

I think i have till tomorrow or monday as the date i need to enter a defence, according to the link that my partner answered at the start of this thread.

I want to try and get this put away as i havent really slept well the past week thinking about it.

 

Reading around as well, ive seen a few posts, on here and other sites, that original default notices when i missed payments, shouldnt include any charges ( marbles were throwing missed payment charges at me, and then interest on them i think), and the letter that Mortimer solicitors sent me had the same closing balance on which was made of charges.

 

I think ive read something about this not being ok either, although my partner says that it may not be a letter of claim as it doesnt meet what the rules say it has to have on it.

 

Sorry for not replying back the last few days, ive been really busy. Thanks for all your help so far. Its been a big help.

Edited July 28, 2018 by jennaroopup
I'm bad at spelling.