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Cabot/mortimer claimform - old HBOS Credit Card debt

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if the debt was defaulted dec 2010 it should not be even showing on your credit file

 

did you complete the DAS?


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if the debt was defaulted dec 2010 it should not be even showing on your credit file

 

did you complete the DAS?

 

I kept a note of the amounts and default dates, the debt does not show up on my credit file.

 

I did not complete the DAS due to unemployment, after more than one payment break they cancelled the DAS. Thats when it got handed to step-change to deal with.

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if I were to be honest here things could get sticky

you cant dispute you don't know about the debt

you cant dispute you don't owe anything

you cant really dispute the claimed figure

and , TBH its a 2008 sign up so a recon agreement will the bill

so hoping their paperwork is crap enough to be deemed unenforceable might be a tall order.

 

I think you are just going to have to put ...because..i do not remember the exact details .

theres enough here at present to run with the fact that the DAS provider pre 2010? and stepchange handles everything and 10yrs say is a bit long to remember exactly what it os all about and what has/has not been paid or not.

 

lets keep it vague at present.


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dx - many thanks for your reply. Ill write what you have suggested and get this posted asap. Thanks again ;)

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It looks like i left it a bit late to send off my CCA request and my letter. I received a letter for them taking me to court. What do you guys suggest i do now? I have attached the pdf.

court letter.pdf

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no look at it carefully

its not from them its from northants bulk.

 

anyway

easy done

next time do not ignore a pap letter and always let your creditor know a change of address

 

I've moved you to the legal forum and amended your thread title

 

please complete this:

 

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

 

and I#'ve hidden that upload

you've left pers info and the password showing

but we don't need to see it so don't worry


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dx thanks for your reply.

 

The issue date on the claim form is 28th Nov.

I received the letter late because of it being sent to my old address and it being redirected.

Today is the 18th Dec does it look like i have failed to respond within 19 days?

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Log into MCOL now and see if you can acknowledge service.


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andy thanks for your reply - i was able to do the acknowledgment of service and choose to defend all of the claim.

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Name of the Claimant ? - CABOT FINANCIAL (UK) LIMITED

 

Date of issue – . - 28th Nov 2018

 

Particulars of Claim -

 

1. By an agreement between Bank Of Scotland and the defendant on or around 28/11/2008 ('the agreement') Bank of Scotland agreed to issue the defendant with a credit card.

 

2, The defendant failed to make the minimum payments due and the agreement was terminated.

 

3.The agreement was assigned to the claimant.

 

THE CLAIMANT THEREFORE CLAIMS 1961.62

2. Costs.

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes i think that was the PAP letter i received.

 

What is the total value of the claim? 2146.62 (including courts fees)

 

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...) ? - no

 

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. - debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? - yes

 

Did you receive a Default Notice from the original creditor? - yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - i dont know

 

Why did you cease payments? - advised on this forum the debt might not be legally enforceable so i choose not to pay.

 

What was the date of your last payment? - i was making token payments through step-change so my last payment of £1 was in Aug 2016.

 

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? - yes i was in a DAS and also making payments through step-change.

Edited by dx100uk
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andy thanks for your reply - i was able to do the acknowledgment of service and choose to defend all of the claim.

 

:thumb: That was lucky....Defence due Friday 28th Dec by 4.00pm


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cheers andy

 

do i also need to send off the CPR 31.14 Request for credit cards?

 

To be honest this is getting complicated for me.

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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 [1 in the count]


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Happy new year ;)

 

dx many thanks for your reply, i got the CCA request sent off and the CPR 31.14 sent off about 10 days ago.

 

I just received a letter from the solicitors. It refers to my letter dated the 5th Dec so that must be the CCA i sent to them earlier in the month. They are saying they dont have the necessary documents that i have requested and so they have asked their client to provide then. They said they have put the matter on hold for now. SHould i post a copy of the letter?

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Urm you have filed your def on 28th?


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dx - thanks for your reply, is that what i did on the MCOL website?

 

Claim HistoryA claim was issued against you on 28/11/2018

 

Your acknowledgment of service was submitted on 18/12/2018 at 14:00:12

 

Your acknowledgment of service was received on 18/12/2018 at 16:01:55

 

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you needed to have filed YOUR DEFENCE on the 28th

get on with it!!


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dx - many thanks for your reply, i missed the part about filing a defence and i apologise for this. The link in your post for filing a defence is not working could you be so kind as to point me in the right direction. ;)

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you've been here for a long as I have and still cant search on cag?

 

use the search cag box of the top red toolbar

 

claimform cabot card.

 

you've now missed another full day as its gone past 4pm

so you are now 5 days late


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I have searched 'claimfom cabot card' and i have gone through the 10 pages of search results but i dont see anything that relates to a BOS credit card or how to file a defense. Sorry again but i did try.

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Have you looked in the following for a similar claim type and what defence was used ?

 

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

Andy


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

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Posted (edited)

Andy many thanks for posting the link.

 

Dx thanks for your link, i have basically copied the reply in the post 12 in the first thread in the search results.

 

Here is my defence - do i send this to the court by recorded delivery and do i need to sign the letter?

 

;;;;;;;;;;;;;;;;;;;;

 

1. By an agreement between Bank Of Scotland and the defendant on or around 28/11/2008 ('the agreement') Bank of Scotland agreed to issue the defendant with a credit card.

 

2, The defendant failed to make the minimum payments due and the agreement was terminated.

 

3.The agreement was assigned to the claimant.

 

THE CLAIMANT THEREFORE CLAIMS 1961.62

2. Costs.

 

TOTAL - £2146.62 (including courts fees)

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

 

3. Paragraph 2 noted but the claimant is put to strict proof to evidence when and how the defendant failed to make the minimum payments due and the agreement was terminated and service of a Notice of Default and Sums in Arrears Notices pursuant to the CCA1974.

 

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, therefore 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 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 against 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 by Andyorch
Edited

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Better to submit through MCOL...if it will still allow you ...tick tock

 

Andy


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let andy check it over

but

that is not you POC from the claimform????

 

earlier you state yours is:

 

1. By an agreement between Bank Of Scotland and the defendant on or around 28/11/2008 ('the agreement') Bank of Scotland agreed to issue the defendant with a credit card.

 

2, The defendant failed to make the minimum payments due and the agreement was terminated.

 

3.The agreement was assigned to the claimant.

 

THE CLAIMANT THEREFORE CLAIMS 1961.62

2. Costs.

 

….so which is it please:


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