Cabot/restons claimform - Newday Marbles Card

[eoghan]

Hi Folks,

 

Been disputing a debt with Cabot for some time and eventually it has been issued as a claim to which I have responded as per the guidance in the forum. Very helpful thank you.

 

So back in December 2018 I filled out my AOC and then 31CPR and then my Defence.

 

Today I received a letter from Cabot chasing the debt asking me to pay, are they allowed to send me a letter to collect when it has now been escalated to a court case? Where do I stand?

 

Any thoughts, guidance, greatly and warmly received.

 

Thanks.

[AndyOrch]

Thread moved to Financial Legal Issues Forum...please continue to post here.

 

Tell us about this debt and the court claim....please read the following link and the copy and paste the Q,s and your responses back here for further advice.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do-**UPDATED-Jan-2019**(1-Viewing)-nbsp

 

Regards

 

Andy

[eoghan]

Thanks Andy.

 

Was originally a Marble CC, due to financial difficulties the payments defaulted and a sum of £207 is owed. I am not in a position to repay. Eventually the court claim came through and as per the advice in the links above and a few others, I formed a response and am now awaiting a response from the court.

 

But in the meantime they sent me this letter asking me to pay, so just wanted to check if they were allowed to do that?

 

Cheers.

[AndyOrch]

If you could complete the above link then we have all the history and details to advise on the claim itself.

 

They can send whatever they wish...its for you respond or ignore....but without the details we advising blind.

[eoghan]

Name of the Claimant ? Cabot Financial

 

Date of issue – 5th January 2019

 

Date to acknowledge) = 24/01/2019

 

date to submit defence = 07/02/2019

 

Particulars of Claim

1. The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and New Day dated on or about Nov 9 2016 and assigned to the claimant on Aug 9 2018.

 

2.THE CLAIMANT THEREFORE CLAIMS £1190.72 + costs of £70.00 + £80.00

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Don't Recall.

 

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?1190.72 ( I was thinking of another account), the letter I've referred to is a new claim... so, I'll start a new thread for that. This amount is for an old Marbles Card, they new letter is for an Aqua card.

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CC

 

When did you enter into the original agreement before or after April 2007 ?After 2007

 

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? Don't Recall

 

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 ? Don't recall.

 

Why did you cease payments?Entered financial difficulties

 

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? Yes over the phone only and it was rejected.

 

to date I have responded to the claim inside the time allowed by filing the AOC, the CPR to the solicitors (they haven't sent back any information as per the request) and the defence has been filed and acknowledged receipt by the court.

 

Sthe letter I have received today is in fact for another account, apologies for the mix-up. But at least this thread is now up to date.

 

Cheers.

Edited February 14, 2019 by dx100uk
spacing

[AndyOrch]

And you sent a section 78 request (CCA) ?

[renegadeimp]

Sounds like they've done their old trick. Send setter out saying they're going to ask for judgement and demand payment before it's even gone through the full court process. Sadly it works most of the time and people think the ccj has already been granted.

[dn10zeus]

I too had dealings with Cabot regarding an old credit card debt.

With the help of this site and various others I managed to fight them off.

 

It seems that they specialize in buying up old debts that have done the rounds and nobody has got anything from.

They then come on heavy with court dates and summonses.

 

What they don't have ar the original documents like the original contract, terms and conditions that were valid at the time of the CC being taken out.

All they have are some bad photocopies that they have hashed together in the office hoping that these will frighten you into paying.

That is the secret of their game...fear and your ignorance.

Remeber it is they who have to prove their case at every step of the way.

 

https://www.lexology.com/library/detail.aspx?g=81b46eee-ede4-44b5-9c69-bb024ec197bd

 

Isn't the 31CPR the one where they have 14 days in which to provide the evidence of documents, especially one with your alleged signature on?

If they don't provide them within 14 days then all actions must cease until they do.

Edited February 23, 2019 by dx100uk
spacing

[renegadeimp]

12+2 and no. They can still chase , ask for payment etc.

They just cant enforce through the courts without a compliant agreement.

[eoghan]

And you sent a section 78 request (CCA) ?

 

Thought I hadn't but just went through my folder to see what's been posted out to them and yes the CCA request is in there, sent on the 7th Jan and to date has been ignored.

[dx100uk]

good so what defence did you file please

 

dx

[eoghan]

Hi

 

Here’s what has been submitted.

 

Cheers.

 

Claimants POC:

1. The Claimant claims payment of the overdue balance due from the

Defendant(s) under a contract between the Defendant(s) and New Day

dated on or about Nov 9 2016 and assigned to the claimant on Aug 9

2018.

1.1.

THE CLAIMANT THEREFORE CLAIMS £1190.72 + costs of £70.00 + £80.00

 

 

DEFENCE

 

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.

a) There is no contract between New Day and the Defendant(s) and the

Claimant has failed to provide proof in any correspondence with the

Defendant(s) despite the request to do so. Allegedly New Day were

"sold a Marbles CC debt" but were unable to provide proof of

allocation and the matter was closed. It would transpire they have

subsequently sold the alleged debt to Cabot Financial who were also

asked to provide proof of allocation and to date have failed to provide

said proof and to return the Security Instrument upon which this alleged

debt was formed on payment of the alleged debt.

b) I deny any indebtedness to the Claimant but particularly deny they are

due statutory interest on the alleged amount and as such I request full

disclosure of the amount the Claimant alleges to have paid for this

alleged debt.

c) The agreement/contract, including the specific Terms at the point the

alleged Agreement was made and any subsequent changes need to be

furnished by the Claimant to validate any alleged indebtedness on the

part of the Defendant. Respectfully, you will appreciate that in an

ordinary case and by reason of the provisions of CPR PD 16 para 7.3,

where a claim is based upon a written agreement, a copy of the

contract or documents constituting the agreement should be attached

to or served with the particulars of claim and the originals should be

available at the hearing. Further, that any general conditions

incorporated in the contract should also be attached:

a. The deed of assignment

b. The notice of assignment

c. The default warning letter

d. The default notice

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 1 is noted. I have in the past had financial dealings with Marbles

CC. However, I am unaware of what alleged debt with New Day the claimant refers to having failed to adequately particularise its claim and have had no

banking business whatsoever with New Day or the Claimant.

4.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, 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

c) show and evidence the breach and that a Default Notice was issued

pursuant to Sec 87.1 CCA1974;

d) show how the Claimant has the legal right, either under statute or

equity to issue a claim;

e) is able to furnish the defendant with the original (not a copy) Security

Instrument on settlement of the alleged debt:

f) is able to provide a certified true copy of the Deed of Assignment

g) A true and certified copy of the consumer credit agreement/contract

subject to section 77 of the Consumer Credit Act 74 and also

comprising The Consumer Credit (Prescribed Period for Giving

Information) Regulations 1983 [sI 1983/1569]

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 non-

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 and whether or not this claim should proceed at all.

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 thereof.

10.A "Notice of Irrevocable Estoppel by Acquiescence" was issued to the

claimant on 26 AUG 2018 for failure to provide proof of agency in this matter.

A copy of which will be provided at any future hearing.

11.The Defendant also contests Jurisdiction and respectfully request that if any

hearing is to proceed that the case is moved to the Bournemouth County

Court.

12.If the court feels that the Claimant has no claim due to their inability to provide

the evidence requested the Defendant respectfully asks the court to issue

Stay Of Proceedings.

This defence is hereby certified as true to the best of my knowledge.

[dx100uk]

Good grief where did you get that inflated load of ole twaddle from.

Seems like you though it appropriate to mix some of the CAG holding defence with FmOTL rubbish..

[eoghan]

Yes on reflection, it is perhaps a little OTT and misguided. Hoping the CAG can help me through this.

 

So I guess I’ll just have to wait for their response.

[eoghan]

Hi Guys,

Please find attached the response from Reston Solicitors who are acting on behalf of Cabot.

I missed this in the post and only discovered it today. I really need to check my post as it comes in.

Thoughts?

Thanks.

RestonsResponse20022019-1 1.pdf

RestonsResponse20022019.pdf

[renegadeimp]

Standard rubbish from them, trying to say they dont have a legal responsibility to get the info, when they do.

[AndyOrch]

Template responses.... on every Restons thread...did it have your name on and not dear householder 

[eoghan]

It was addressed to me, but the "Your Claim" bit, I thought was a odd.

[eoghan]

Hey folks, still no response since the letter above. Is there anything I need to prepare or put together?

 

Thanks.

[AndyOrch]

I assume the claim is still stayed....(Check the status of claim on MCOL) alternatively  you could check with MCOL and ask if the claimant has made any applications?

 

Andy

[eoghan]

It's still showing as active: 

Your acknowledgment of service was submitted on 06/01/2019 at 10:42:13

Your acknowledgment of service was received on 07/01/2019 at 01:04:57

Your defence was received on 25/01/2019

 

And at the bottom where it says "Applications" 

Set Aside Applications entered electronically (most recent at the top)

None

 

So what do you reckon? And still no response to CCA Request - that was back on the 7th Jan.

 

 

Edited March 12, 2019 by eoghan
CCA request

[AndyOrch]

Claim is stayed..if they do make application you will be served notice

[eoghan]

Forgive my ignorance - what makes you think that?

[AndyOrch]

Think what ?

[eoghan]

That it's been stayed.