Cabot/mortimer ClaimForms - 2 sep Next Account Cat Debts

[kjw327]

Name of the Claimant ? Cabot Financial (UK) Limited (This is same for both debts)

 

Date of issue – 30 MAY 2019  (Am I correct in calculated that I have until 17 June to acknowledge and until 01 July to submit a defence?)

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim?

1.By an agreement between Next Directory and the Defendant dated 14/06/2011 ("the Agreement") Next Directory agreed to issue the Defendant with a credit account.

 

2.The Defendant failed to make the minimum payments Due & the Agreement was terminated.

 

3.The Agreement was assigned to the Claimant. 

 

THE CLAIMANT THEREFORE CLAIMS

1. 1574.00

2. Costs"

 

My wife's is exactly the same with the exception of the date for agreement being 16/05/2011 and the claim being for 1730.00 and costs.

 

What is the total value of the claim?  - mine is £1759, wife's is £1915

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? -  Yes

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? - Yes

 

Did you inform the claimant of your change of address? - The original company were informed of address changes.

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

 

When did you enter into the original agreement before or after April 2007 ?  - After on both debts.

 

Do you recall how you entered into the agreement...On line /In branch/By post ?  - Possibly online

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?  - Yes to both debts.

 

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. - Both debts assigned.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? - I do not think so.

 

Did you receive a Default Notice from the original creditor? - Possibly.

 

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

 

Why did you cease payments? - Financial difficulties, increased housing costs due to relocation of work.

 

What was the date of your last payment? - Late 2017.

 

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.

 

Hello, this is my first post and I would be grateful for guidance. 

I have had a few days away with work this week and arrived home today to discover that both myself and my wife have received Claim Forms for one individual debt each. 

 

The details are as follows:

 

I think I have covered all the points but please let me know if there is anything else that is required to get started.

 

I would be very grateful for support and guidance.

 

Many thanks

Kj

[dx100uk]

is the account number in the poc for each N1 the same?

 

dx

 

[kjw327]

There are no account numbers listed on either POC.  

I have tryped verbatim from the first and the only difference in the second is the agreement date and the value.

[dx100uk]

so just to be clear

you each DID have separate next accounts?

but yes as you say the 'process' will be the same for each N1

so anything suggested here 

you must always do for EACH CLAIMFORM...

 

though this answer puzzles me..

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? - Yes to both debts.

 

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]
 

 

[kjw327]

Yes, we each had a separate account.  

 

Sorry for the confusion caused by my reply, they were both catalogue accounts.

 

Thanks for the guidance.  I shall complete the online actions in the morning and prepare the letters to go in the post on Monday. 

[dx100uk]

who are the sols?

restons or mortimer

[kjw327]

Mortimer 

[kjw327]

Quick question:

 

When submitting the CPR 31.14 Request do I only ask for the agreement, or am I asking for this as well as the other documents? 

 

In the POC it clearly refers to "the agreement" and then makes reference to the fact that the agreement was terminated and the agreement was then assigned to the claimant.  

[dx100uk]

CCA gets the agreement 

and they must comply

 

CPR is a request and they don't have to comply.

 

leave it as is

request all in its list

 

 

 

[kjw327]

Thank you 

 

[kjw327]

Update.

 

I have this morning completed the AOS online and also sent letters, recorded, to both Cabot and Mortimer in relation to CCA and CPR respectively.  

 

Thanks dx for your guidance. 

 

[kjw327]

Good evening,

 

I am posting an update as I have received a response on Saturday from both Cabot & Mortimer in relation to the account in my name and one from Cabot in relation to the account in the name of my wife.  I see from exploration that these are standard holding responses.

 

I have attached these letters, redacted, to this post.

 

Am I correct in preparing to submit a defence to each claim now? 

 

Many thanks.

CCA-CPR Reply.pdf

[dx100uk]

by 1st july 4pm

[kjw327]

Good morning,

 

I have received the attached letter from Cabot (one for each account), any thoughts on this?  It says that they "are not permitted to obtain a judgement or decree against" me in court.  Does this mean they will withdraw? Do I still need to complete and submit the defence online?

 

Many thanks.

Cabot Update to CCA.pdf

Edited June 25, 2019 by kjw327

[AndyOrch]

Still need to submit a defence by the required date.Its simply a standard template response to your CCA request.

 

Interesting that they state " and while we cannot bring legal action against your account " whilst in default and yet they have already    

[kjw327]

Thanks for confirming what I suspected to be true.  i'll work to get the draft finalised over the next day or two and hope to post for advice on finalising. 

[kjw327]

Received the outstanding response from Mortimer regarding the CPR request for the second account.  This is dated 21 June, the day after the Cabot reply. They kindly offer an additional 28 days to file the defence on this claim. 

 

Surely this is unethical, telling me that their client will agree to an extension when the day before their client informed us that they are not permitted to obtain a judgement nor can they bring legal action.  Is there anything I can do with this?  Or is it fruitless? 

 

CPR Reply No.2.pdf

[AndyOrch]

Fruitless ......The claimant is allowed to offer this see CPR 15.5 

 

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

Of course you dont have to accept...only allows them more time to source/conjure the documents up.

 

 

[kjw327]

It's not my intention to accept the 28 days and I am working towards submitting a defence within the original 33 days.

 

[AndyOrch]

17 minutes ago, kjw327 said:

It's not my intention to accept the 28 days and I am working towards submitting a defence within the original 33 days.

 

 

So what's the problem and why do you wish to complain ? 

[kjw327]

I'm just irked by the fact that Cabot have acknowledged that they cannot enforce and are not permitted to obtain judgement as well as informing me that they cannot bring legal action against me. 

 

Yet they are still attempting to do just this and the letter from Mortimer today just highlights how they work. 

 

I accept that I probably have no right to feel aggrieved but there is a part of me that does.

 

 

[AndyOrch]

Thats the way they play the game...dont take it personal....they  dont understand half the legal process anyway.

[kjw327]

Could some additional guidance be offered with this?  The POC are not listed as I have seen others, they're not numbered.  There is no account or agreement number, no dates to do with default, termination of assignment to the claimant.  How do I refer to all of this in my defence? 

Claim Form POC.pdf

[dx100uk]

look at post 1 we space it.

 

if you pick say para 2 

 

what I usually do is copy and paste that into our custom google search box

which results in

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=The Defendant failed to make the minimum payments Due %26 the Agreement was terminated. &oq=The Defendant failed to make the minimum payments Due %26 the Agreement was terminated. &gs_l=partner-generic.12...176530.176530.0.177833.1.1.0.0.0.0.146.146.0j1.1.0.gsnos%2Cn%3D13...0.0...2.34.partner-generic..1.0.0.Kw6xclzY6CE

 

numerous examples of the holding/no paperwork defence above to base yours on

 

post it here 1st mind

 

dx

 

[AndyOrch]

Particulars are already split and numbered in your post #1 as for lack of agreement number and dates...all the better for your defence.

 

Andy