Cabot/Mortimer Claimform - Sav Credit Aqua Card

[dx100uk]

as post 19

[Tauty]

Hi guys, thats what i received from cabot and mortime clarke solicitors

 

47685806_709852452730899_2325309355777327104_njpg (1).pdf

48231503_581975198908353_6390584038465208320_njpg (2).pdf

[AndyOrch]

Self explanatory ?

[Tauty]

So last year i was paying it and then i had an emergency to go back home(abroad) due family issues. Then came back and it was already sold to cabot

[dx100uk]

don't forget your def is due by 4pm tomorrow

 

have a go

post it here 1st for checking

[renegadeimp]

cabot dont chase legit debts. Theres always something wrong with them. Thats why you were advised to get a SAR off.

[peterjumpingjacks1]

I am sure these claims are copy and paste... All read the same. Post defence before filing.

[Tauty]

1.BY AN AGREEMENT BETWEEN SAV CREDIT RE AQUA & THE DEFENDANT ON OR AROUND 23.06.2017 (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 £421.20

 

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. 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.

 

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.

 

 

So basically looks like that, as it seems to be working on Thread were lad was defending, exactly same claim.

[dx100uk]

To date they have declined to comply to my section 78 request and remain in default and have failed to reply with reqards to my CPR.

[peterjumpingjacks1]

DX beat me to it.

 

© - © show and evidence the breach and that a Default Notice was issued pursuant to Sec87.1 CCA1974; - I wouldn't be as specific and leave it at S87 of the CCA. Don't give these fleecers any room to manoeuvre and keep it as straight forward open ended.

 

Looks good to me, maybe someone else might have a look as well. It's a good all round defence and in my experience has been successful numerous times. Good old Mortimer will struggle as usual.

[AndyOrch]

I would revisit your point 3

 

Their particulars do not state that they sent notification of termination...simply you failed to make the minimum payments and the agreement was terminated.

 

So your response reads that it is denied that you failed to make the minimum payments ?

 

C is fine...it is section 87.1...you must be specific..actually it should read section 87.1 PD A&E

[Tauty]

What would you advise Andy?

[renegadeimp]

One thing that blows their claim out of the water? No such thing as sav credit and unless they went back in time, theyre SoL

[AndyOrch]

What would you advise Andy?

 

3. Paragraph 2 is noted but not admitted.I do not recall receiving a Default Notice pursuant to CCA1974 section 87.1 PD A&E from the Original creditor to facilitate any agreement to be..(a)to terminate the agreement, or (e)to enforce any security.Therefore the claimant is put to strict proof to evidence the alleged breach and service of a Default Notice.

[Tauty]

Thanks Andy!

[Tauty]

1.BY AN AGREEMENT BETWEEN SAV CREDIT RE AQUA & THE DEFENDANT ON OR AROUND 23.06.2017 (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 £421.20

 

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. 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.

 

3. Paragraph 2 is noted but not admitted. I do not recall receiving a Default Notice pursuant to CCA1974 section 87.1 PD A&E from the Original creditor to facilitate any agreement to be..(a)to terminate the agreement, or (e)to enforce any security. Therefore the claimant is put to strict proof to evidence the alleged breach and service of a Default Notice.

 

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 To date they have declined to comply to my section 78 request and remain in default and have failed to reply with regards to my CPR. 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.

 

 

So looks like last touch up has been done, and I should upload it by tomorrow 4pm

[AndyOrch]

Point 6 requires an edit.....

 

To date they have declined to comply to my section 78 request and remain in default To date they have declined to comply to my section 78 request

[Tauty]

Point 6 requires an edit.....

 

To date they have declined to comply to my section 78 request and remain in default To date they have declined to comply to my section 78 request

 

Good point, how did I missed that,

Point 6 sorted.

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. 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.

[AndyOrch]

Reworded

 

 

6. On receipt of this claim I requested by way of a CPR 31.14 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. Furthermore I have made a request under section 78 CCA1974 for a copy of the alleged agreement. To date they have declined to comply to my CPR 31.14 request and remain in default of the section 78 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.

[Tauty]

Reworded

 

 

6. On receipt of this claim I requested by way of a CPR 31.14 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. Furthermore I have made a request under section 78 CCA1974 for a copy of the alleged agreement. To date they have declined to comply to my CPR 31.14 request and remain in default of the section 78 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.

 

Thanks Andy!

[Tauty]

Should I go ahead now and set my defense?

[AndyOrch]

Submit it ? yes.

[Tauty]

Hi gents, thats the letters i received back

 

[dx100uk]

had to hide those you've left stuff on page 2 that id's you

 

that's a std letter from the court

and a std one from cabot

neither mean anything other than cabot have 28days to do 'something' else the claim gets autostayed.

[Tauty]

I thought i hide everythig, my bad. So now just nees to wait and track my post box for any update from them.