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

[AndyOrch]

You need to add the following as your point 2....

 

2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim 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.

 

 

Andy

[jon8214]

If this card was taken out in 2017 it couldn't of been issued by SAV credit

 

SAV credit was changed to New Day Cards in 2014

 

bear this in mind with what ever documents they produce

 

As DX says above only refer to the account by the way Reston's do on the claim form

[George20182]

Thanks guy's - I will double check the claim form when i get home tonight before I submit any defence Friday.

 

Edit - just checked from a email and this is what the claim is based on...

 

Details of claim - BY AN AGREEMENT BETWEEN SAV CREDIT RE AQUA & THE DEFENDANT ON OR AROUND xx/xx/2015 ('THE AGREEMENT') SAV CREDIT RE AQUA AGREED TO ISSUE THE DEFENDANT WITH A CREDIT CARD. THE DEFENDANT FAILED TO MAKE THE MINIMUM PAYMENTS DUE & THE AGREEMENT WAS TERMINATED.THE AGREEMENT WAS ASSIGNED TO THE CLAIMANT. THE CLAIMANT THEREFORE CLAIMS xxx + . COSTS

 

So i took the card out earlier than I thought, 2015 and the card was definitely a Aqua. Now it looks like my account was with NewDay and not Sav credit as they re named 2014?

Edited November 1, 2018 by George20182

[dx100uk]

so where did that poc in your org post come from please???

[dx100uk]

sav credit became newday 1st april 2014

 

this card was after that date

 

what are they going on about !!

[jon8214]

smacks to me that they are trying to pull a fast one not thinking it would be defended

 

think we will need to see what documents they produce as ive a funny feeling it will be out of the filing cabinet

[George20182]

i'm going to check paperwork when i go home as got myself confused now....the above i took from a email when I had when i hadn't received any claimform and judgement had been made.

[George20182]

So to confirm now I have checked the actual paperwork.

 

Account was opened 2015 and last payment was May 2017. The card was Aqua (i had previously had a Marbles as well so that's where I got confused). The POC do say Sav credit and not Newday.

 

Everything else is as original post.

[dx100uk]

so which poc is the correct one!

 

sav credit did not exist when you took the card out in 2015!

 

so if its the one in post 28 then they are WRONG...and haven't a clue what they are litigating over.....

[George20182]

so to clarify (sorry for the confusion!).....

 

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 AQUA & THE DEFENDANT ON OR AROUND 00.00.2015 (THE AGREEMENT) SAV CREDIT RE AQUA 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 planicon? SENT A LETTER EXPLAINING PROBLEMS AND ALSO SPOKE ON TELEPHONE, BUT THEY SOLD ON QUICKLY.

 

So they have issued the claim from SAV credit and a Aqua card taken out in 2015 with the last payment 2017.

[dx100uk]

you indicate you might have letters to/from the original creditor.. ?? who is this on the letters?

who is stated as the original creditor on your credit file?

 

as long as you've done AOS CCA/CPR

 

your defence is not due till 15th nov...WAIT!!

[George20182]

AOS was done and emailed and posted last week as it wouldn't allow me to do online - it was due by today.

 

It will allow me to complete my defence online when the time comes.

 

* it says online - Your acknowledgment of service was received on 25/10/2018

[George20182]

So checking what little paper work I have (as account was online) - claim form is Sav credit and Aqua, and the account was with Newday.

 

Account was opened beginning of 2015 and last payment May 2017.

 

As you rightly pointed out, Sav became Newday in 2014.

 

Looking about though, it says Sav Credit renamed to Newday - so would this make a difference?

 

When they fulfil my requests for SAR etc I will be able to see for sure?

[dx100uk]

thread title updated

you need to get working on a defence which exposes these assignment/dates/owners issues.

[George20182]

Thanks DX - this is what I am thinking (I haven't yet had a reply to my cca and cpr).

 

*The card was Aqua and as I far I can see was with Newday although Sav Credit is claimed for..

 

1.BY AN AGREEMENT BETWEEN SAV CREDIT RE AQUA & THE DEFENDANT ON OR AROUND 00.00.2015 (THE AGREEMENT) SAV CREDIT RE AQUA 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 on 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 11, 2018 by dx100uk
red poc

[George20182]

* just a through until cpr comes through, I won't be able to see if it says Newday or Sav?

[dx100uk]

pers i'd put saV credit not Aqua.

and I would deny ever opening any agreement with sav credit ever..

 

2. Paragraph 1 is noted. I have never held nor opened any credit agreement with SAV Credit. I am unaware of what alleged debt the claimant refers to having failed to adequately particularity its claim.

 

p'haps andy will pop along sometime when not so busy and advise if this is a good move?

[AndyOrch]

But to be honest you dont really know who you are entering into agreement with in today's financial market with all the interconnected companies....have you not had a response to any CCA request ?

 

Did you get a default notice......which company defaulted you ?

 

Did you ever retain any paper statements......details of the creditor on the statements ?

 

 

Andy

[George20182]

I've hunted high and low as well as gone through emails and can't find anything - it was all online I recall so nothing paper.

 

No cca back yet.

 

Letters going back to late summer are from Mortimer Clark, refer to SAV credit and Aqua. I'm sure it was though, New Day as I remember looking them up...don't know though if this will make any difference as are SAV not the parent company?

[AndyOrch]

[George20182]

ok so to update, i have had a reply from Mortimer Clarke, the solicitors in response to my CPR 31.14 request saying they need me to send some id to confirm who i am before they can comply and have asked for a copy of my passport for example....

[dx100uk]

Tough luck for them then they aint getting any..

 

They issued a claim and they are not happy they know who you are!! How pathetic!!!

[George20182]

so do I just ignore and when the time comes, say they didn't comply? BTW - I wouldn't be happy sending copies of passport out.

 

Also as my defence is due should I use what i originally had posted.

[dx100uk]

Your para 6 need a tidy and the above added

[dx100uk]

date of issue of claimform cant be the 14th oct that's a sunday...