Cabot/mortimer ClaimForms - 2 sep Next Account Cat Debts

[dx100uk]

as far as i know that is not the correct action mcol should be resolving this its their mistake not your.

you informed everyone of a change of address this should not have happened and should cost you nothing

p'haps @Andyorch will pop in.

 

dx

 

[AndyOrch]

An application to lift a stay and request Summary Judgment must be served on Notice (IE a copy of the N244 and statement must be served on you to enable you to respond by way of your own statement in response. 

 

So the claimant has failed to serve you a copy Northampton has failed to serve you and to top it off its been transferred to the claimants local county court for the hearing instead of yours as you are the litigant.

 

Ring the County court involved and request a copy of the application statement evidence and inform them that due to a Court Error by MCOL that they transfer the file to your local county court and that they must provide you a copy of said application.

 

I would also ring Mortimer and inform them of same and ask they provide a copy of their application /statement/evidence and to vacate the hearing at the incorrect venue.

 

You should not be having to pay fees to correct the courts incompetency. 

 

 

 

.

 

 

[kjw327]

Thank you Andy and DX, I will speak to the CC again and then Mortimer...hopefully this can be corrected.

[kjw327]

Update from today.

 

I was able to better articulate my position today when I contacted the CC.  This led to the member of staff taking a different approach than yesterday.  I was asked to submit an email to them outlining what had occurred to date, with this I was able to provide a copy of a letter from MC to my current address and also the screenshot of my change of address to HMCTS/MCOL.  

 

The member of staff used this to discuss with the DJ and I was called back later in the day to confirm that the hearing has been vacated, that the case will be transferred to my local CC and that the case file is already packed and ready to be mailed to the the receiving CC.  This member of staff also confirmed that the orders made to effect these changes will be sent to me today.

 

In addition, the CC office contacted MC and advised them of the actions taken today.  MC informed the CC office that it was a mystery as to how the mistake had been made.

 

When waiting for an update from the CC, I also contacted MC myself to request all documentation and for them to vacate the hearing as advised by Andy.  They have yet to return contact regarding this, but my sense of concern is now less given the CC staff members support.

 

I am really grateful for all of the advice provided by DX & Andy to date, the information provided by Andy in his last post gave me the specific details to help better structure, word and articulate my point.  This also transferred into my email and helped me to secure a good outcome for today.  Thank you for helping me.

[dx100uk]

well done.

 

so we are back on 'track'' 

 

dx

[kjw327]

Today's mail brought a bundle from the CC, this included copies of both orders made to vacate the hearing and to transfer the case to my local CC.  In addition they provided a photocopy of what MC had submitted when they applied to lift the stay and progress the claim.

 

MC also sent me a letter with a copy of their bundle, saying that this in now served upon me.

 

Their bundle consists of the N244, a WS and a 51 page exhibit. 

The exhibit consists of a reconstituted agreement, a print out of a customer summary, 12 pages of transactions, a DN, NOA, several letters prior to the claim in 2019, 1 statement of my account between 27 Nov 18 - 29 Mar 19, copy of the Claim Form, letters from Aug 21, Oct 21, Dec 21 and two from Dec 22. 

 

Of the letters sent since the Claim was stayed, the Aug, Oct and Dec 21 were all sent to me via email, full letters on headed paper, full addressed to me with the words 'Sent by way of email only to: xxxxxxxxxxxx'.  I did receive these letters via the email. 

 

The last two letters in the bundle are both dated Dec 22, are not on headed paper and do not have the annotation in reference to email sending on them.   

 

I do not believe that these were sent, they were certainly not sent via email and I have not received these in the post at all.  It is these letters that are offering me the opportunity to make a settlement and avoid the resumption of legal matters.

 

The upload contains the following:  Covering letter, N244, WS, Recon Agreement, 1 page of transactions, DN, NOA.

 

I would welcome thoughts in relation to the strength of these documents. 

20230323-N244 & WS.pdf

[albouk]

One thing I can pick up on straight away is the fact your debt was assigned to Cabot Credit Managment Group however its Cabot Fiancial (UK) Ltd whos taken you to court.

They are not FCA authorised and cannot enforce a regulated agreement in court.

The ownership title needs proven.

Its likely that its Cabot Financial (UK) Ltd but they have to use a service provider to enforce the agreement, thats where the other arms of Cabot come into play.

It gives so some wriggle room to force them to show the deed of assignment.

Can you upload a better image of the terms of the agreement?

[kjw327]

Thanks for your comments, I'd never considered the differences before.

On post 34 in this thread, there is an earlier upload of the agreement.  That one is as good as it gets, it really is quite hard to read even in the paper copy.

 

[albouk]

I would be arguing that credit agreement is not legible for starters - Does it say anything about the Onbudsmen service?

 

Default notice doesnt show the FCA sheet that should have been included. I would be questioning what date and method of post was used to serve it because the minimum required 14 days may have not been provided especially if it was sent 2nd class.

 

No proof they have been sending you notice of sums in arrears notices. - Makes the agreement unenforcable until its completed. Should be done a minimum of every 12 months or as in the agreement.

[dx100uk]

not much worth in the fact one cabot name is not FCA registered.

they will be covered by the cabot group registration.

 

Quote

 

Next is not able to provide a copy of the original credit agreement.

However, under the Financial Conduct Authority's Consumer Credit sourcebook at rule 13.1.4, a firm is able to reconstitute a copy of the agreement, and there is no obligation to provide a copy which Includes a copy of the signature.

This was also confirmed In the case of Carey v HSBC Bank plc POOg] EWHC 34 17.

 

A copy of the reconstituted Agreement can be found at pages 1 to 2 of the paginated bundle

 

 

urm.. i find it rather concerning that they state that the agreement is a reconstructed one and that next does not hold a copy of the original. BUT it has your signature on it...

 

where has that sig come from then for them to reconstruct an agreement...that does not actually need your sig....

 

and the writer of the WS also states that his statement is made from hearsay evidence...important point this one.

 

default notice etc is all OK.

 

 

 

[kjw327]

It's their signature DX.

 

 

[dx100uk]

thats there yes but is it also signed by you or that part is blank?

[albouk]

I seem to be wearing down Mortimer Clarke, after refusing a settlement they now want to accept one having sighted the witness statement. I’ve told them to carry on to court, lose and pay my costs and their own!

[dx100uk]

Well update your own thread please.

 

Dx

[kjw327]

No DX, there is nothing where my signature should be. 

[kjw327]

Received updates today:

 

A copy of an Order made that lifts the Stay and directs Claimant to provide Court with their intent.

 

MC have provided a reply, this is also included.

 

I'd welcome thoughts on this.

20230413-Order and MC Reply.pdf

[AndyOrch]

So the court is also confused...do they wish to lift the stay or lift the stay and move to summary judgment without allocation to the SCT ?

 

Your guess is as good as mine.

[kjw327]

I am hoping that this means lift the stay and progress to the SCT.

[dx100uk]

what happened?

dx

[kjw327]

Hello  nothing has happened. 

The last communication I received was the documents attached at post 66. 

I have been tempted to ask in here if I should do anything or not, but didn't want to jinx myself.