Cabot Financial / Mortimer claim form - Fashion World

[Kirkstaller]

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

[dx100uk]

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]

[Kirkstaller]

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)?

[dx100uk]

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

[Kirkstaller]

Thanks. They're going out today.

[dx100uk]

now get reading up...

[Kirkstaller]

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

[dx100uk]

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

[Kirkstaller]

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

[Kirkstaller]

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.

[AndyOrch]

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

 

Andy

[Kirkstaller]

Not yet andy.

[AndyOrch]

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.

[Kirkstaller]

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

[Kirkstaller]

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?

[Kirkstaller]

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?

[AndyOrch]

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.

[Kirkstaller]

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

[dx100uk]

Not an issue

Forget it

[Kirkstaller]

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

 

Thanks

[Kirkstaller]

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?

[dx100uk]

Sent already?

How?

Mcol

Letter?

[Kirkstaller]

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.

[AndyOrch]

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

[Kirkstaller]

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.