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Cabot / Mortimer claim form - Vanquis debt

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Posted (edited)

These seem to be coming thick and fast now..

 

Received the attached claim form on Christmas Eve!

 

Name of the Claimant ? Cabot Financial UK Ltd

 

Date of issue – 21/12/2018

 

Particulars of Claim

 

1.By an agreement between Vanquis Bank Ltd & the defendant on or around 16/3/2015 Vanquis Bank Ltd agreed to issue the defendant with a credit card.

 

2.The defendant failed to make the minimum payment due & the agreement was terminated.

 

3.The agreement was assigned to the claimant.

 

4.The claimant therefor claims £290.77 2.

 

costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (pre action protocollink3.gif) ? No idea, but a lot of these letters tend to be ignored, or go in the bin.

 

What is the total value of the claim? £365.77

 

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. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No idea

 

Did you receive a Default Notice from the original creditor? Not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure

 

Why did you cease payments? It was around the time of the birth of my daughter and I fell behind due to everything that was going on at the time as there were complications and we had an extended stay in hospital

 

What was the date of your last payment? Sometime in 2015 I think

 

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 managementlink3.gif planicon? No

 

I'm guessing I should just log into MCOL and select defend all?

The sum they are claiming looks like it was a lot higher than the credit limit.

Should I just defend all and send them a CPR 31:14?

1888_001_Redacted.pdf

Edited by dx100uk
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Send them a cca and cpr. Log into mcol. Defend all. Make.sure contest jurisdiction is not checked, then click through and exit.

 

Cabot have bought a bunch of bad debts lately and seem to.be going legal on all of them hoping to get judgement by default.

 

They do not chase legit debts so use the next week or so to.do your homework.


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

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You sure it moriarty and not Mortimer??

 

Had to hide the upload

Name and address showing!!

 

I see it is Mortimer.. thread title updated

We don't need the upload so don't bother with it

 

Why have you left it so late!!

You've lost 14 days of your 33 total already!!

 

Get cca/CPR in the post TODAY

Else it will be 3 more days lost!!

 

Dx


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Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (pre action protocol) ? No idea, but a lot of these letters tend to be ignored, or go in the bin.

 

:doh:


We could do with some help from you.

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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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Mortimer send me back the notice of assignment.

That's all they sent back, and they said that everything else should have been sent to me when the account was opened.

 

Can someone please point me in the right direction in terms of the defence to use, as they haven't provided a copy of the CCA?

 

1.By an agreement between Vanquis Bank Ltd & the defendant on or around 16/3/2015 Vanquis Bank Ltd agreed to issue the defendant with a credit card.

 

2.The defendant failed to make the minimum payment due & the agreement was terminated.

 

3.The agreement was assigned to the claimant.

 

4.The claimant therefor claims £290.77 2.

 

costs

 

Would it be acceptable to just borrow and amend the below to suit?

 

 

 

1.The Claimant has not complied with paragraph 3 of the PAPDC (pre action protocolicon) Failed to serve a letter of claimicon 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.

 

.

2. Paragraph 1 is accepted. I have, in the past, entered into a contract with EE Limited , however I do not recall the exact details. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating they are not obligated to do so by virtue of the consumer crediticon Act 1974. To date, no statement of the alleged account has been received.

.

3. Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The Claimant has stated, by letter, that he is not obligated to provide a copy of the Default Notice, again by virtue of the Consumer Credit Act 1974.

 

4. Paragraph 3 is denied.I do not recall having received a Notice of Assignment, as stated by the Claimant. They have sent an alleged copy dated 18 November 2016 from my cpr31.14 request. This is the first time i have seen this letter.

.

5. Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county courticon Judgment and therefore pre action protocolicon was never attempted and should be considered in deciding the outcome of their claim

.

Therefore the Claimant is to provide strict proof to:

.

(a) show how the Defendant has entered into a Agreement/ Contract; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

.

6. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant.

.

7. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed.

.

8. 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.

.

9. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

.

10. By reason 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
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So Mortimer send me back the notice of assignment. That's all they sent back, and they said that everything else should have been sent to me when the account was opened.

 

Can someone please point me in the right direction in terms of the defence to use, as they haven't provided a copy of the CCA?

 

Theyre trying to fob you off. They still need to provide the documentation requested. Sadly many people fall for it, instead of shining a nice light on it when the times right.


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

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that's looks to me to be simply a copy and paste of another defence here???

 

you state above you binned everything so how can you say you didn't receive PAP nor NOA nor Default Notice?

 

you also left out

 

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

 

 

 

defence is due by 4pm 23rd


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That's why I said is this one I can adapt. I would of course alter that to "I do not recall" or words to that effect. Because, surely if this had all been done properly, they would be able to provide copies to back up their claim.

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Received a response from Mortimor on this one. They said that the matter will be placed on hold whilst they seek further guidance from the claimant. So I wait on this one until god knows when!

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did you file your defence and what was it please


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Sorry, just saw this .. my defence is below ...

 

Quote

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.

1. The Claimant claims £290.77 is owed under an agreement with
Vanquis. I do not recall the precise details or agreement and have
sought verification from the claimant and the claimants solicitor
by way of a CPR 31.14 request who are yet to fully comply.

2. The Claimants statement regarding the assignation of the debt
is denied. I am unaware of any legal assignment or Notice of
Assignment allegedly served on the defendant from the Claimant
Cabot Financial Limited.

3. It is therefore denied with regards to the Defendant owing any
monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and
(b) show the nature of the breach and evidence by way of a Default
Notice pursuant to sec 88 CCA1974
(c) show how the Defendant has reached the amount claimed for; and
(d) show how the Claimant has the legal right, either under
statute or equity to issue a claim;

4. On receipt of this claim I requested, by way of a CPR 31.14
request, copies of the documents referred to within the Claimant's
particulars in order to establish what the claim is for. To date
the Claimant solicitors have failed to fully comply with this
request.

5. As per Rule 16.5(4), it is expected that the Claimant prove the
allegation that the money is owed.

6. 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 82 A of the consumer crediticon Act 1974.

7. 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.

 

Still not heard anything more so I'm guessing this is stayed, and MCOL hasn't updated since 18th January, which was when the defence was received.

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If its cabot and mortimer, if you file a defence, they rarely ever continue with the claim. They want an easy win.  Thats not to say they wont come back in a year or two, but its rare they continue.


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

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