Cabot/Mortimer claimform - old Aqua Card debt

[Blondmusic]

Hi.

 

I have just received a claim form from Mortimer Clarke Solicitors acting for Cabot.

 

I need help in defending this claim.

 

I have attached and blanked personal details.

 

[dx100uk]

please complete this

we don't need to see the claimform, so ive removed it.

 

dx

 

 

[Blondmusic]

Name of the Claimant ? - Cabot Financial (UK) Limited, 1 Kings Hill Avenue, Kings Hill, West Malling, Kent

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to - 18th April 2019

 

 

Particulars of Claim

 

What is the claim for –

 

1.By an agreement between New Day Ltd Re Aqua & the Defendant on or around 28/10/2016 ('the agreement') New Day Ltd Re Aqua 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.

 

4.The claimant, therefore, claims £863.69.

2 Costs

 

What is the total value of the claim? £993.69

 

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

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 ? The answer is 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

 

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? Hours cut at work

 

What was the date of your last payment? May 2018

 

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

 

[dx100uk]

When did you enter into the original agreement before or after April 2007 ? No

 

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
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
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]
 

[Blondmusic]

Sorry. In reply to the question When did I enter the original agreement before or after April 2007. The answer is after. 

 

I shall go onto Mcol and register to sort that out. I will print the CCA request and CPR 31:14 and get them sent ASAP.

 

Thank you very much.

[Blondmusic]

I have acknowledged the claim on mcol as per your instructions. I did that on the 23rd of April.

 

On the 24th I sent off the CCA request to Cabot and the CPR 31:14 to the solicitors. These were both sent 1st class signed for.

[Blondmusic]

I received a letter from Mortimer Clarke as follows

 

We have received your request for documents under Civil Procedure Rule 31.14.

 

We have sent your request to our client and will come back to you when we have heard back from them. Our client may not have all the documents you have asked for to hand, they may need to ask the original creditor for some of the documents so it may take some time for us to come back to you.

 

In the meantime your account will be placed on hold.

 

 

 

[AndyOrch]

........your account will be placed on hold.

 

But not the claim...keep your eye on your due defence date.

 

Andy

[Blondmusic]

Ok. After working out the dates I need to have a defence submitted by the 21st of May 2019.

[AndyOrch]

Monday the 20th May by 4.00pm...18th April being day 1

[Blondmusic]

Ok. If I do not hear anything from Mortimer Clarke by Saturday the 18th then I will need some help in filing a defence

[AndyOrch]

You wont hear anything further...start work on your defence this week

[Blondmusic]

I would be happy to get it done as soon as possible. I have never done this before and I appreciate your help

[AndyOrch]

Have a look in the following forum for a similar claim..pref same claimant and Sol and debt type and make a start at drafting your defence.We will check it and finalise it ready for submission.

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/

[Blondmusic]

I found this on CAG as a no paperwork defence. Can someone please look this over and tell me if it is ok to submit this?

 

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 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. 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.

 

2. The Claimant claims £xxxx is owed under a regulated consumer credit account under reference xxxxxx. 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 and section 78 request who are yet to comply.

 

3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments.

 

4. Paragraph 3 is denied. The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

 

5. 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 and evidence any cause of action and service of a Default Notice or termination notice; and

(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;

 

6. After receiving 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 failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.

 

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.

[AndyOrch]

Have you made any changes to fit you circumstances and your particulars ?

[Blondmusic]

I did make a couple of changes. The only difference is that the Particulars of claim are only one paragraph so I will have to change points 3 and 4 for this.

[dx100uk]

See post 3

We've already put paras in when you posted then

Aligh to those

[Blondmusic]

the defence I have posted in 15 is ok to be submitted?

 

In reply to your question Andyorch yes I have.

[dx100uk]

looks ok to me I've added the poc with numbers

[AndyOrch]

Yes thats okay to submit.

 

Andy

[Blondmusic]

Defence is now submitted. 

 

I received a letter from Cabot in reply to my CCA request and they state they do not have a copy of the agreement. They are asking me to get in contact with them to make a payment plan.

[dx100uk]

fat chance of you doing that then eh?

 

tick tick till 28days have elapsed..then its auto stayed. 

 

 

[Blondmusic]

Ok. Thank you very much

[Blondmusic]

I have still not received a reply regarding my CCA request. I know that it is stayed by the court now. How do I get it discontinued?