Cabot/Mortimer Claimform - SAV Credit RE Marbles card debt

[dx100uk]

due by 4pm Monday

 

1000's of threads here

 

use the search CAG box of the top red toolbar

 

cabot claimform card

 

post it up here FIRST and we'll check it.

 

don't add anything else

that's for later IF it ever gets that far

[jon8214]

hi Jen there are loads of holding defences on here

 

have a look at some from this link https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=credit+card+defence&sa=Search+CAG

 

have a go at your own and post it up here for checking

[jennaroopup]

Hi all. Ive checked the site and think ive found something that might be of use to me.

 

Particulars

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

 

1. The Defendant contends that the particulars of the 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.

 

2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claimicon pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

3. Paragraph 1 is noted.I have in the past had financial dealings with Marbles. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

4. Paragraph 2 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.

 

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined to provide any evidence of assignment/balance/breach requested by CPR 31. 14, 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 the breach and that a Default Notice was issued pursuant to sec87.1 CCA1974;

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have declined to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and failure to comply with Pre Action Protocol should be considered when the question of costs arise.

 

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

 

8. 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 82A of the consumer crediticon Act 1974.

 

9. 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.

 

I am unsure though if this is the right one but it seems to be the most used for when Mortimer Clarke hasnt replied to me and hasnt sent me a compliant Letter of claim.

 

Should i edit it, and if so, what should i edit?

Edited July 29, 2018 by dx100uk
added particulars

[dx100uk]

looks reasonable

I've added in the POC in red to ref too

is that exactly all the POC says?

[jennaroopup]

Yes thats right. Word for word.

[jennaroopup]

So do you think thats what i should put in on the court claim website?

[dx100uk]

let andy check it later

not due till tomorrow 4pm

[jennaroopup]

ok. thankyou for your help

[AndyOrch]

Yes defence is fine.

 

Andy

[dx100uk]

Ta andy

 

Go file it now if you like

[jennaroopup]

Thank you so much everyone. I've filled the form in online. Do i just wait now and see what happens?

[dx100uk]

They have 28 days

[jennaroopup]

What happens after that? Its over.. or can they do something else like put in a new court action again?

[AndyOrch]

No its " stayed " if they do not respond to your defence and then remains so until the claimant informs the court they wish to proceed.Which they have to make application to lift the stay and pay a fee.

 

If they respond within the 28 days you will receive notification from the court and it proceeds to the next stage.

 

You will have read a lot more threads by then and understand the process

 

Andy

[jennaroopup]

Thankyou. Ill have a good read properly when i can, and ill let you know when i hear something.

[jennaroopup]

Hi all. Just to update you all so far.

 

I had 2 letters from them. 1 confirming my defence that i filed and they will be taking further instruction, and another for receipt of my CCA request. Both were around 2-3 weeks ago. Ive heard nothing since.

[dx100uk]

claims stayed as stated already

go enjoy your life

until or unless you get notification of an N244 application.

that they might be going to lift the stay.

 

dx