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    • Thanks DX.  I've ploughed through the pages and dug out what I feel are the relevant ones. Obviously, some of these are duplicates of what I've put up before.  Anyway, I would be hugely grateful if someone can look over and advise. Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here.    Thank you.    B   Witness Oct19_redacted.pdf
    • You came here for advice, soem advice has been given adn you question the validity and source of that advice. We are all lay peopele, ie not giving professional advice but it is based on experience of the world and in some cases working in the field that advice is given on. Now you dont have to take our advice, we wont get the huff if you prefer to look elsewhere or do something else. when I asked what you think they would do with your NI number it is to prod you to think for yourself and question why they would ask for this when there is nothing legal they can do with the information so wouild you be wnating to give it to them knowing that they would want it to break the law if they processed it. Now you can take that up with the company at the top but TBH unless you want to spend money on a lawyer they will not answer the question or fob you off with some ridiculous answer anyway.   so for the moment read a lot about  RLP and similar situations to yours ans make particular note of what happened to the peopel in the end. You will find no threads theat ended by saying " thanks to you I gor sued by RLP and owe them a fortune". It isnt going to happen and the reasons why are explained in many threads. They rely on your feeling of guilt to get anywhere
    • you need to respond to their letter saying that you belive that you ahve been paid correctly ( or underpaid if you are due a small amount of accrued holiday pay etc) and demand that they show a full account of what you received, when and why and how they arrived at this figure. You then reconcile that with your P45 and use the figures to bat off any furhter demands if they still akke one. Come back if they dotn drop the matter and give us the full breakdown on hours worked, hourly rate, gross pay, tax paid  etc
    • @dx100ukI never got a response to my SAR from Octopus.   But I have just received a 'letter before court action' from one of their legal representatives, who have been "instructed to consider legal action against [me] if full payment, a settlement or your proposals to make suitable repayments arrangements are not received in the next 30 days."   I'm reading the threads now. Any advice on how to proceed? 
    • I would say let them do their worst, it will surely backfire on them. Now with restrictive contracts that stop you working fro competitors- these are notoriously vague so often not worth the paper they are written on. also they have to be fair so for example if there are only 2 companies in the UK that make a certain product your employer cant say you arent allowed to work for the other one. If you were for example trained as a hairdersser and you were going to open a salon in the next street to your ex employer then the restriction would apply if worded correctly. Dont panic about this, your new employer will be au fait with the situation and time spent worrying about a nastly letter will in their eyes take you eye off the ball so concentrate on the new job.
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Cabot Financial / Mortimer claim form - Fashion World

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Hi all

 

My wife recently received a County Court Claim Form which we have decided to dispute in full.

 

I've completed the details below.

 

I would be really grateful for your help with next steps. From reading other threads it seems my next move should be to send a CCA request to the Claimant and a CPR 31:14 request to the legals reps. Is this correct?

 

Thanks

 

---

 

Name of the Claimant: Cabot Financial (UK) Limited

 

Date of issue: 09 Jan 2019 - Defence form submitted online on 24 Jan 2019

 

What is the claim for: By an agreement between JD Williams Ltd Re Fashion World & the Defendant dated 11/10/2015 ('the Agreement') JD Williams Ltd Re Fashion World agreed to issue the Defendant with a credit account. The Defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 688.36 2. Costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol)? No

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

Did you inform the claimant of your change of address? N/A

 

What is the total value of the claim? £688.36 amount claimed + £60.00 court fee + £70.00 legal representative's costs = £818.36

 

Is the claim for: Catalogue

 

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...)? ***Wife is checking - will update***

 

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 Unsure

 

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? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No

 

Why did you cease payments? Account was settled

 

What was the date of your last payment? Unsure

 

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? No, as N/A

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probably buy it now pay later interest as it was outside of 12mts when paid?

 

anyway not an issue

 

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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Many thanks.

 

With the CPR 31:14, which documents do I request? Just the ones explicitly mentioned in the Particulars of Claim? For example, there is no default notice referenced, nor is a Termination Notice (although it does say that the Agreement was terminated)?

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a debt has to have a default notice issued by the original creditor in order for a court claim to be issued/enforced.

 

send the credit card cpr


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now get reading up...


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

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OK, latest update is here.

 

On 25/01/19, I sent the CCA request to Cabot and the CPR 31:14 to Mortimer Clarke. HMCTS also acknowledged that we had chosen to defend the claim (attached).

 

On 30/01/19, Mortimer Clarke sent the attached response to the CPR 31:14.

 

My questions

 

1. We haven't received anything back from Cabot yet in response to the CCA request; when is the deadline? What impact would any non-compliance have on the claim?

 

2. When Mortimer Clarke say that the matter has been 'placed on hold', what do they mean? What could happen next?

 

3. What do we need to do next? Do we need to write and submit our reasons for defending the claim?

 

Thanks for your help

HMCTS acknowledgement 25-01-19.jpg

Mortimer Clarke 30-01-19.jpg

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Now go back and read post 2 again..

Your defence is due by 4pm tomorrow

 

Better get reading like claim form threads as advised 2 weeks ago and get you defence up here for checking


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I'm drafting it now. Mixed my dates up - thank you for bringing this to my attention.

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This is my first draft:

 

Particulars of claim:

 

1.The Claimant's Claim is for the sum of £688.36 being monies due from the Defendant to the Claimant under a home shopping agreement regulated by the consumer credit Act 1974 between the Defendant and JD Williams Ltd Re Fashion World under account reference xxxxxxxxx and assigned to the Claimant on DD /mm/yyyy notice of which has been given to the Defendant. Not sure what to put here as they haven't quoted an account number

 

2. The Defendant failed to maintain the minimum payments due and the Agreement was terminated.

 

 

Defence:

 

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. Paragraph 1 is noted. I have had an agreement in the past with JD Williams Ltd Re Fashion World Ltd but the particulars of claim do not specify which account the claim refers to. Furthermore which is denied, I am unaware of any legal assignment or Notice of Assignment allegedly served from the original creditor nor the Claimant.

 

2. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the Claimant and is therefore put to strict proof to verify the alleged statement of its particulars. Furthermore, which is denied, I am unaware of any Default Notice allegedly served.

 

3. On 25/01/2019 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The Claimant acknowledged the CPR on 30/01/2019 but has since failed to provide the requested information. How should I address the CCA request?

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed 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 any breach and service of a default Notice which it refers to in their particulars;

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

 

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

 

6. On the alternative, if 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.

 

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.

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Has this been submitted...sorry for the late response ?

 

Andy


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3. On 25/01/2019 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The Claimant acknowledged the CPR on 30/01/2019 but has since failed to provide the requested information. The claimant has failed to comply with my request made pursuant to section 78 CCA1974 and therefore remains in default and prevented from enforcing the agreement until such compliance.

 

 

Rest of the defence is fine.


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Cheers thanks you so much. I'll be submitting it through MCOL tonight.

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If they haven't submitted an account reference what should I do about the opening paragraph? From looking at other threads I assume the particulars of claim is the standard opening of a defence?

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Hold the press - Cabot have now replied and said that I didn't include a postal order or cheque for £1 when I made the CCA request. I did send this but I think the Payee was the solicitors (receipt attached).

 

What do I do now about paragraph 3?

CCA Receipt 25-01-19.jpg

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The Defendant contends that the particulars of claim are vague and generic in nature.The claimant has not referenced what the alleged account number is on which it claim relies. 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.


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Thanks. One final thing - what do I do about the CCA request I've potentially ballsed up (and will resend)? How do I address this in para 3?

 

Thanks a lot

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Not an issue

Forget it


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

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As in - keep para 3 unchanged? Do I resubmit the CCA request? Respond to Cabot's letter?

 

Thanks

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I've royally messed up. And I could cry.

 

When acknowledging the service and saying we are defending the claim, my wife has written her own defence - a single paragraph saying:

 

I believe that I cleared the balance with Fashion World and as I did not receive any statements from them I was not aware of any

outstanding balance due

 

What the heck do I do now. Is it possible to amend the defence? Can we put something in more formidable later on?

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Sent already?

How?

Mcol

Letter?


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

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Reclaim mis-sold PPI Read Here

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I've logged into MCOL using her Gateway ID to lodge the defence.

 

At the foot of the page it says 'Response History', under which it says the Latest Document is 'Defence'. When I click on the claim number and 'View Defence' it takes me to the single paragraph my wife wrote when she was acknowledging the claim and saying we were going to defend it. The document status is 'Issued'. There is no option to edit/add to this.

 

Have I got this wrong? My wife says she had to put something in the defence box when acknowledging the claim and defending it.

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Did you receive an acknowledgement that a defence had been submitted ?


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We received the letter on post #7. We thought it was merely an acknowledgement of our position. My wife has been onto her lawyer friend this night, who has signposted us to a route which might allow us to amend our defence. We are emailing the defence tonight. It doesn't look great but the facts remain the same.

 

Thanks for your help. I'll keep you updated.

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