Cabot claimform re Marbles card debt

[AndyOrch]

You dont submit their particulars with your defence.....just add the missing parts (intro) you have removed to the above and re post.

 

 

Andy

[lovetobake]

I am really sorry Andy, I dont really get wheat you meant.

 

 

I used the defence from another link so I just assumed it would be the same apart from the exact details. I need to file this early tomorrow morning before I go to work as I wont be home until after the deadline.

[AndyOrch]

You dont submit the claimants particulars with your defence (marked in Red above ) and your defence starts at 2.

 

You have removed.....

 

1. 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.

[lovetobake]

Hi Andy,

 

 

Thank you so much for your help. I am sorry I didnt understand before.

 

 

Is this better?

 

Particulars of Claim

 

1.By an agreement between SAV Credit RE Marbles & the defendant on or around xxxxxxxx (the agreement), 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.

 

3.The agreement was assigned to the Claimant.

 

THE CLAIMANT THEREFORE CLAIMS xxxxxxx

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

 

 

Defence

1. 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.

2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre- Action Protocol). They failed to serve a letter of 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 particularize its claim.

 

4. Paragraph 3 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to sec 136 of 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 Procedure Rule 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 Credit 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.

[AndyOrch]

Yes...almost there....

 

what about....

 

2.The defendant failed to make the minimum payments due & the Agreement was terminated. ?

[lovetobake]

Andy,

 

 

Do I need to add that in as no.2?

 

 

I am sorry I just struggle with all this and now I am stressing because I have forgotten my login details for MCOL. They are asking for a MCOL no and I have no idea.

[renegadeimp]

Check your email. Theyll send it to you

[AndyOrch]

Andy,

 

 

Do I need to add that in as no.2?

 

 

I am sorry I just struggle with all this and now I am stressing because I have forgotten my login details for MCOL. They are asking for a MCOL no and I have no idea.

 

Not add it...respond to it.......anything you do not respond to is taken as an admittance to the claim.

[dx100uk]

MCOL is being reported as being down at present anyway

is that the error you are getting?

[lovetobake]

Not add it...respond to it.......anything you do not respond to is taken as an admittance to the claim.

 

 

I am sorry Andy, I really dont know what I should put in response to that. I cannot find anything that specifically mentions that. I just used a defence that basically is the same as my case so I thought it would be ok.

 

 

I guess I am done for. Need to file now before I go to work.

[lovetobake]

One last crack before I go to work if anyone is around:

 

 

Particulars of Claim

 

1.By an agreement between SAV Credit RE Marbles & the defendant on or around xxxxxxxx (the agreement), 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.

 

3.The agreement was assigned to the Claimant.

 

THE CLAIMANT THEREFORE CLAIMS xxxxxxx

 

Defence

 

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). They failed to serve a letter of 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 particularize its claim.

 

 

4. Paragraph 2 is denied. I am unaware that the minimum payments were not made, furthermore, I do not recall having received notification that the agreement was terminated.

 

5. Paragraph 3 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to sec 136 of The Law of Property Act 1925.

 

6. 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;

 

7. 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.

 

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

 

9. 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 credit Act 1974.

 

10. 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.

Edited October 1, 2018 by dx100uk
format

[AndyOrch]

[lovetobake]

Ok everyone, update on this.

 

I submitted my defence on time and got confirmation from court that it had been received and was down to claimant to respond withing 28 days which I believe is the normal procedure.

 

Yesterday I received a letter from Cabot as follows:

 

Dear Lovetobake,

 

Information under the Consumer Credit Act 1974

 

Please find enclosed the relevant information following your request for information under section (77-78) of the CCA 1974.

 

In the event that we have priovided a reconstituted true copy of your credit agreement, for the avoidance of doubt this complies with the consumer Credit (cancellation Notices and Copies of Documents) Regulations 1983 and therefore complies with the obligations set out in section 77-78 of the CCA 1974.

 

What happens next?

 

We consider that the agreement is now enforceable and therefore we are entitled to obtain a CCJ against you. However, we would prefer that you work with us to set up a repayment plan to settle your outstanding balance.

 

The status of your account

 

The outstanding balance is currently xxxxxxx. Please make contact with Mortimer Clarke solicitors on 0333 121 4454 asap to discuss the options available for this account.

 

That is the covering letter then they have sent with it 6 pages of blurb which I assume is the terms and conditions and at the top it states that it is a credit agreement between Newday Ltd and myself.

 

It looks like they have got a blank copy of the T&C's and then just added my details in.

You can see its been added in as it doesnt line up with the rest of the text and the font may be the same but I dont think it is the same size.

There is no signature and no date.

 

They have also sent 2 other lettesr dated the same date One is headed Statement of account telling me that I still owe them xxxx and the other a statement of the legal costs.

 

I am guessing this must just be scare tactics because of my defence.

 

Do I respond?

 

Thank you

[dx100uk]

as with other threads...we need to see the CCA return

scan it up to ONE multipage PDF read upload

[lovetobake]

Okay I think I have attached.

Cabotscan001.compressed.pdf

[AndyOrch]

That does not even qualify as reconstituted version....nonsense...they remain in default.

 

Andy

[dx100uk]

what a load of ole bogroll.

 

what date did you file?

 

I suspect this is stayed now anyway?

[lovetobake]

Haha dx100uk, you do make me smile!!

 

 

I sent the CCA request off with the CPR request on the 5th Sept. They never provided info requested by CPR either.

 

 

I take it I just burn it and ignore them? Not sure the 28 days are up yet but cant be far off.

[renegadeimp]

They remain in default so file the ack and defence, and if they dont comply or proceed with the claim, it will be stayed, and you dont need to do anything else.

[dx100uk]

you should have gotten a letter from the court ackin your defence and giving you the timeframe?