Backdoor cabot/mortimer CCJ for aqua credit card knew nothing about

[George20182]

Wonder if you can help, as received a letter from a creditor saying I had not responded to a claim form served on me and the creditor is now applying for default judgement.

 

I know nothing about this, i will call the court at 9am - but reading around i can see i have to complete a N244 form and pay £255? is this correct as can't afford this?

[BankFodder]

I suggest that you contact the claimant immediately – by email and inform them that no papers were served on you. They probably will still go ahead and apply for judgement but at least you will be able to show court that they had notice that there was a problem with the procedure and that they applied for judgement regardless.

 

Do it now – or even telephone them.

[George20182]

Thanks i have emailed Mortimer Clarke.

 

I will also phone the court to find out details shortly.

 

I'm worried though as the last thing I want is a ccj...

 

On the letter they sent there's no amounts or original creditor.

Edited October 9, 2018 by George20182

[George20182]

ok so got to the bottom of it.

 

A old creditor from 3 years ago, i had argued the default costs but they had obviously sold on.

 

Judgement was entered on 4th October - if i had know i would have disputed.

 

court has sent a n244 to complete

- but my worry is if it goes in front of a judge he will say you owe and tough?

Meanwhile this would cost me £255.

 

Or i have until 3rd November to pay off in full?

[Old Cogger]

pay within 28 days and no judgment entered on file, but 1st give information as to what/when/last payment and what the dispute is?

[George20182]

it was for a Aqua credit card, last paid May 2017. I asked them to stop piling on fees and help as credit limit was only £300, but no help and then obviously sold on. Looks like £250 costs and then court costs added.

[AndyOrch]

How much is the judgment for...round figure ?

 

If not much more than the fee to set a side you need to balance if its really worth while trying to set a side and worth the risk ?

 

Have you checked if your exempt from Court fees ?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160-160A-160c-Court-Fees-are-you-exempt.-**Correct-as-at-April-2018**

 

Andy

[George20182]

Its for £770 - not exempt from court fees so i think rather than pay another £255, and run the risk of the CCJ been enforced by the judge i will need to pay. As I don't want a CCJ on my record.

 

Can't believe this slipped through..

Edited October 9, 2018 by George20182

[BankFodder]

I think you should give more information about the original debt and the charges that you say they've applied to it. How much will the charges – each one and how much did they all add up to? Are they for late payment et cetera?

[dx100uk]

what reason do you have for setting this aside?

 

if you didn't update AQua with your change of address

then the DCA were quite correct to file everything to the old address.

 

you need a reason to set aside

and

a defence for the original claim

for a n244 to succeed else its money down the drain.

 

I cant see either here.

 

might be better to go for a variation order n245? if you cant afford the full £770 to stop it being registered by the 3rd

you'll still have the CCJ registered but atleast you could afford the monthly payment.

[George20182]

My address hasn't changed its been the same for a long time, so was surprised the court claim never arrived.

 

Had the claim arrived, I would have defended on charges (I don't dispute having a account with them). I haven't got the paperwork to hand but, the credit limit was £300 and the rest of the charges are made up with i assume default/late and missed payments interest.

 

I had tried to reason the OC but couldn't hence it being sold on.

 

Moving forward, i'm not sure how I can defend? As the judge might say - you had account - so CCJ is valid?

[dx100uk]

why don't you go ring northants bulk

ask for a copy of the claimform and the CCJ by email pdf.

 

thats way atleast you'll have all the available info, and we'll know which fleecer pulled this stunt.

 

you'll need the CCJ number from your credit file

[George20182]

I have the claim number from the letter from Mortimer Clarke which I received yesterday which alerted me to this. On the letter received there was no other information or figures, except saying they had asked the court to order me to pay £50 a month.

 

Claim was for £729 including court costs and then £50 added to the total by the court for judgement. I phoned the court and they emailed including a n244 form.

 

So it was Aqua who passed to Cabot and then to Mortimer Clarke.

 

So annoyed as never normally have a problem with my post.

[dx100uk]

cabot are a debt buyer Mortimer are their solicitors.

 

so you have a copy of the Claimform and it shows your correct address?

[George20182]

yes i have, my correct address is on here.

[dx100uk]

strange you never got anything then

as even prior to the claimform there should have been numerous letters

then the pre action protocol pack giving you 30 days to return it.

then the court claim issuance.

[George20182]

Very strange i just don't understand.

[dx100uk]

well disregarding all that for now...[the fact that their might be a reason here for the set aside]

 

there are 2 requirements for it to succeed...

 

the 2nd part is you'll still need a defence for the POC on the claimform were you to go for a set aside

as to date I cant see one,.

[George20182]

ok guy's, to be honest I had resigned myself to paying to avoid the 'judgement' and had until 2nd November to pay. Northampton had sent me a copy via email so I thought i have to accept...

 

Anyway, I came home tonight and firstly, a letter from Northampton CC saying a claim was issued against me but due to technical problems it wasn't sent out to me. Telling me any judgements against me have been removed.

 

That explains this then.

 

Then as expected another envelope with the claim in and restarting the process, and giving me 19 days to defend or accept.

 

I bet Mortimer Clarke are not happy...

[AndyOrch]

Read the following link and then copy and paste the Q,s and your responses back here for further advice on how to proceed.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**(1-Viewing)-nbsp

 

Andy

[dx100uk]

That explains a lot!

 

No wonder you knew nothing!!

[George20182]

Name of the Claimant CABOT FINANCIAL (UK) LTD

 

Date of issue – 14th October 2018 (re issued from 13th September due to Court problem).

 

Particulars of Claim

 

1.BY AN AGREEMENT BETWEEN SAV CREDIT RE MARBLES & THE DEFENDANT ON OR AROUND 00.00.2017 (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 £599.70

 

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? £729.70

 

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, YES.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO ITS ONLY BEEN MONTHS, SO NO.

 

Why did you cease payments? FINANCIAL PROBLEMS

What was the date of your last payment? CAN'T REMEMBER

 

Was there a dispute with the original creditor that remains unresolved? NO

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? SENT A LETTER EXPLAINING PROBLEMS AND ALSO SPOKE ON TELEPHONE, BUT THEY SOLD ON QUICKLY.

 

*Also I am unable to complete online - MCOL as it says ;

 

Claim Status

A claim was issued against you on 13/09/2018

 

A judgement was issued against you on 04/10/2018 at 19:08:46

 

An application to set aside (remove) judgement was submitted to the court on 12/10/2018

 

The application to set aside (remove) judgement was granted on 12/10/2018

 

 

Available options

A bar has been put in place on this claim. You cannot respond to the claim at this time.

Edited October 21, 2018 by dx100uk
format

[dx100uk]

give it midweek if MCOL not been reset then phone and ask when it will be as you need to ACK the claim.

 

for now get the CCA/CPR ready to post tomorrow as below info.

 

 

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.

 

…………..

 

was this card taken out since 2013

[George20182]

So looking at entering the defence and looking around was thinking the below...

 

1.BY AN AGREEMENT BETWEEN SAV CREDIT RE MARBLES & THE DEFENDANT ON OR AROUND 00.00.2017 (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 £599.70

 

2. COSTS

 

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

 

3. Paragraph 2 is denied. I do not recall having received notification that the agreement was terminated.

 

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 not yet provided 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.

Edited November 1, 2018 by dx100uk
poc added

[dx100uk]

looks okm

just one point.

 

its worthy to note there is much confusion regarding Marbles cards

some ARE NOT AQUA cards.

esp the ones originally HFC marbles cards.

and..some where sav credit were involved..they were not an aqua card either

 

pers id not put aqua but marbles