Jump to content


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 365 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

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

 

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.


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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

Yes...almost there....

 

what about....

 

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


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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

Check your email. Theyll send it to you


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
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.


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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

MCOL is being reported as being down at present anyway

is that the error you are getting?


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
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.

Share this post


Link to post
Share on other sites

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 by dx100uk
format

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

scan it up to ONE multipage PDF read upload


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

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

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

what a load of ole bogroll.

 

what date did you file?

 

I suspect this is stayed now anyway?


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

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.

Share this post


Link to post
Share on other sites

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.


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

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


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

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...