Jump to content


  • Tweets

  • Posts

    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
  • Our picks

lovetobake

Cabot claimform re Marbles card debt

style="text-align:center;"> Please note that this topic has not had any new posts for the last 368 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I have today received a claim from Northampton issued by Cabot in respect of a Marbles credit card which fell into arrears some months ago.

 

Without boring everyone with my life story and the reason I am in financial turmoil but I got into the payday lending trap last year, struggling to find work and wasnt able to pay my credit cards and so earlier this year stopped paying.

 

I did write a letter but never had a reply just started getting DC letters which I ignored and now they have issued a claim.

 

I am shocked to be honest at how quick Marbles assigned the debt to Cabot.

 

 

Advice on how to proceed would be greatly appreciated.

Share this post


Link to post
Share on other sites

What have you recieved before the claim?

Did you recieve a letter of claim with a pack before the claim?

 

Also cabot dont chase enforceable debts, so theres something already amiss.

They also would have sent multiple letters previously before hand.

Its what they do, spam you will all kinds of letters pretending to help you out.

 

Have you changed address since you took out the credit card?

 

Someone will be along shortly with a link so you can give more specific info to help deal with the claim.

 

Right now though, go to mcol using the claim pack number and password and acknowledge service.

Submit the ack and exit mcol. You then have more time to work on a defence.

Edited by dx100uk
spacing

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Name of the Claimant CABOT FINANCIAL (UK) LTD

Date of issue – . 30 AUG 2018

 

 

Particulars of Claim

 

1.BY AN AGREEMENT BETWEEN SAV CREDIT RE MARBLES & THE DEFANDANT ON OR AROUND --/--/2017 (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.

4. THE CLAIMANT THEREFORE CLAIMS £400

2. COSTS

 

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) NO

 

What is the total value of the claim? £400

 

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

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? YES

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

 

Did you receive a Default Notice from the original creditor? I THINK SO

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO ITS ONLY BEEN A MATTER OF MONTHS RATHER THAN YEARS

 

Why did you cease payments? FINANCIAL PROBLEMS

 

What was the date of your last payment? CANT REMEMBER

 

Was there a dispute with the original creditor that remains unresolved? SORT OF

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planlink3.gif? SENT A LETTER EXPLAINING PROBLEMS. NO RESPONSE.

Edited by dx100uk
format

Share this post


Link to post
Share on other sites

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.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Thank you dx100uk, I am on it now!.

 

Just a quick question, it says on the template pursuant to section 77/78/79 delete as appropriate. Which one is relevant to my case please?

 

Also, when doing the CPR request, what documents am I asking for?

 

 

Many thanks

Share this post


Link to post
Share on other sites

Both are explained in the other posts of each clicked link


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Defend the claim as advised.


I hate bailiffs. Let me know if you have had a problem with them. I am sure i could upset them.

I now have experience with Securitas Security Services (UK) Limited and won in court against them 01/2018

Share this post


Link to post
Share on other sites

Ok, I have done the CCA & CPR request which I will send off tomorrow. What actually is my defence?

Share this post


Link to post
Share on other sites

wont be too far removed from your other old claimform thread that needs updating with a result too.

but it also depends upon what they do/don't disclose before hand.

 

when was your last payment?

what does your credit file say?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

is this mortimers?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Hi dx100uk, yes Mortimers are the solicitors. What info do you want from Credit Report?

 

 

By the way, CCA and CPR letters sent today recorded.

Share this post


Link to post
Share on other sites

Hi. Just thought i would post and say im in the exact same situation as you lovetobake. Perhaps you want to checkout my story so far and see if its any help to you.

Share this post


Link to post
Share on other sites

From what I can see, The account was opened at the beginning of last year. Payments were made up to and including January of this year and the account is showing as defaulted in February so pretty much soon after the first missed payment. Doesnt seem like fair play to me.

Share this post


Link to post
Share on other sites

already in post 11


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Hi all,

 

 

I sent off the CCA request and the CPR request and have had a response back from Mortimers.

 

 

Letter reads:

 

 

We acknowledge your request for documentation pursuant to CPR 31.14.

 

CPR31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

 

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

 

We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our clients instructions.

 

 

I am guessing this may be a standard delay tactic letter but I dont have any documents at all.

 

 

What should be my response please.

 

 

Many thanks

Share this post


Link to post
Share on other sites

none

std response if you go read like threads here

 

you did do [AOS] on mcol site too ?

 

don't miss your defence filing date no matte what happens or not


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Ok dx100uk, thank you.

 

Could you please confirm what date my defence needs to be in by please, I am not sure how long I have.

 

Just to confirm, I did acknowledge claim on MCOL just as you instructed if that is what you mean.

 

I really have no idea at the moment what my defence is to be honest. I know that if the CCA doesnt come back I can add that but apart from that I have no idea.

 

If I dont reply back to Mortimers advising them I need all documents, they wont send me anything, will that not go against me?

 

Sorry for all the questions. I have been trying to find other cases similar to mine but apart from your link earlier in the thread I dont seem to be having much luck.

 

Thanks for your help dx100uk, its really appreciated.

Share this post


Link to post
Share on other sites

go read the link in post 3

it tells you how to calculate the date.

 

the link to a thread in post 11 has a suitable defence

but don't file it yet.

 

post it up here for checking nearer to your filing date.

 

the letter you have just got is not really important enough to even mention..std rubbish


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Just an update on this thread.

I have requested CCA and CPR right at the beginning of this and apart from a waffle letter re CPR as mentioned above, nothin has materialised.

 

 

My defence is due in by this coming Tuesday so I am going to go ahead as suggested by dx100uk and use the defence mentioned. I will post it here later and would be grateful if someone could give it the once over before I file it.

Share this post


Link to post
Share on other sites

its due Monday by 4pm [claimform date is 1 in the count]

 

sure post it here


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Please find below my defence that I need to file by tomorrow 4pm.

 

 

I would appreciate if you kind people could check and let me know if it is ok or if I need to add or amend.

 

 

 

 

Particulars

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

 

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 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.

Many thanks all

LTB

Edited by Andyorch
Edited

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...