Cabot/mortimer ClaimForms - 2 sep Next Account Cat Debts

[kjw327]

Evening all,

 

Here is the draft of my defence, I found that not having an account number made the first part a little different but had a go.  I'd be grateful for thoughts, advice and guidance.

 

Particulars….

 

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

 

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.

 

Paragraph 1 is noted. I have had in the past a contractual relationship with Next Directory but cannot identify any account referred to by the claimant.

 

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.

 

Paragraph 3 is denied as I am unaware of any legal assignment.

 

On the 08/06/2019 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request.  The claimant responded with a letter dated 10/06/2019 advising that they were not in possession of the information requested but would work towards obtaining this.  A further update was received from the claimant in a letter dated 20/06/2019 advising that they are still not able to provide the information requested and advised that there is not an enforceable Credit Agreement.

 

Mortimer Clarke sent a letter dated 11/06/2019 stating that they have passed the CPR 31.14 request to the claimant.  To date 28/06/2019, no documentation has been received.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant entered into an agreement; and  (removed with the claimant they do not plead you have entered one with them)

 

(b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974

 

(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;

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

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.

 

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.

 

The defence for the other account will be the same with the exception of the amount claimed and the dates of the CPR letter as I had to send a second letter to Mortimer for this as the first was not delivered according to Royal Mail 1st Class signed for tracker. 

[dx100uk]

an agreement

financial dealings

[AndyOrch]

A couple of edits in red...good to go.

 

 

Andy

[kjw327]

Thanks Andy, will submit this on Monday. 

[dx100uk]

how did this go?

claim got autostayed?

 

dx

 

[kjw327]

Yes DX, that's exactly what happened.  My recent posting has led me to venture back to my paperwork and the last correspondence I received was that which advised of the defence being received and detailing the 28 days before being stayed.  

[dx100uk]

[dx100uk]

Open

[kjw327]

Evening, thanks for re-opening this thread.

 

This update is in relation to the account in my name only.  The other one has had no updates at all.

 

On 24 Aug 21 I received a letter from the solicitors, MC, via email.  Also attached was a document that had CCA, default notice, letters from Next and Cabot as well as a long list of statements and a copy of their original PAP letter.  I did not at the time recognise that the documents were attached and mistook the email for one that was fishing, so ignored it.  

 

Fast forward to Friday of last week and I received a follow up email and attached letter from MC.  Seems like they want to take some action again.

 

Attached PDF contains: 1st letter, CCA, one page from the statements, default notice, letters from Next and Cabot about the selling of the debt and the letter from MC sent on Friday.

 

Any advice on what my next action should be?  

MC Letters & CCA.pdf

[dx100uk]

as long as they have your correct and current address then you should have blocked/bounced all emails long ago.

how did they get your email, did you leave it on your copy of the n180 to them?

 

those docs ....certainly the cca doesnt meet all the requirements regarding prescribed terms etc and no T&C's either.

 

dn looks compliant so does the NOA.

 

 

just trying to make you wet yourself.

 

 

 

 

 

 

[kjw327]

These are the first emails they have ever sent to me. 

 

I think back in the very beginning, before I was wise to some of the ways and the methods they employ that I had entered my details on the reply to the PAP,  likely that I signed it too........... 

 

Not come across a N180 just yet.

[BankFodder]

Open 

[kjw327]

Hi, I am seeking some guidance in relation to a new development with one of these accounts.  It is the same one that was resurrected briefly in Oct 2021 (the status of the other remains as it was).

 

I cannot yet upload a copy, and will do so when I am able, but today I have received a letter that advises:

 

“we write is relation to the hearing which has been listed for Friday 24 March at 3:00pm”

 

And that:

 

“we enclose a schedule of costs in readiness for the forthcoming hearing.  The claimant will rely upon this document alongside the application and witness evidence previously served upon you”

 

The schedule of costs lists a fee for a ‘summary judgement application fee’.

 

It is also listed for a court that is 250 miles from where I live.

 

What’s my best first action?

[dx100uk]

You should have received a copy of their n244, from the court?

 

The costs are just willy waving to make you wet your yourself and cough up 

 

Other than needing all the docs, you've not had anything previous?

 

Have you moved recently?

 

Dx

[kjw327]

I last moved in September 2019, they have written to me at this address in 2021 and sent a letter asking me to pay or they would take further actions.  I am not currently at home so cannot be 100% accurate with the wording of this or when it was sent.

 

Those additional costs add up to an additional £815.

 

I have not received anything a copy of an n244, unless this has arrived today.

 

Today's information arrived as an attachment to an email address that they have accessed from previous documentation.  The email mistake was from when I first completed a reply to PAP and didn't know better. 

 

The docs I have are what they sent in Oct 21 and are at post #34.

Edited March 17, 2023 by kjw327

[dx100uk]

you moved sept 2019

the org claim was made may 2019

you have not updated the court upon your new address i bet !!

 

they've sent the n244 to your old address

[kjw327]

I don't think it was ever transferred out from the original bulk claim.

 

Sorry, but I am really not sure what I should do...

Edited March 17, 2023 by kjw327

[dx100uk]

it would not have been transferred out till they raised the n244 - no reason not to update the court of a change of address!!!

now you've a big problem as you did not update northants bulk and they sent the n244 to your old address.

 

you need a copy of that n244 urgently.

 

 

[kjw327]

I thought that I had covered that by updating my registered details on MCOL 

 

How do I get the n244?  Northants Bulk or the transferred to court?

 

I feel physically sick, I genuinely thought I had all basis covered.

 

Am I buggered here, or is there something that I can do to work with this?

[dx100uk]

when did you update your details exact date?

go check mcol now

what address does it state

 

if this is a court error you'll be ok.

 

we dont know if they are solely relying upon the old docs you already have or if they have filed a whole series of the ones you wanted .

 

you will most probably will need to ring northants bulk monday am and ask for a copy/.

 

p'haps @andyorch will pop in and clarify.

im not firing on all cylinders at present.

 

dx

 

 

[kjw327]

Thanks DX, I appreciate the guidance.

 

I've logged in, MCOL has current address.

I know that I updated the address on 6 December 2021 as I have a screen shot that is time and date stamped.  

I'll call them Monday and see what happens.

[dx100uk]

good news well done on the evidence!!

 

so a court mistake.

 

dx

 

[kjw327]

Update:

 

Contacted Northampton. They advised that they had nothing available to send me, that MC had made the application to lift the stay and this was granted on 1 Feb 23 and transferred to CC local to the address that they had.  A letter informing me of this action was sent to that address.  They could not provide me with any additional information.

 

Contacted the CC claim has been transferred to and explained situation.  They advised that an update in the HMCTS/MCOL to registered details does not transfer.  They informed that they could provide me a copy of all submitted documentation but that I would have to request this via email.  I have done so.

 

I asked what options were available to me, given the circumstances of how matters have progressed, the time to the hearing and the distance to the court from where I live now (500 mile round trip).  It was explained that it is possible to submit a N244 to request the hearing be adjourned and re-listed. 

 

Is this my next move?

[dx100uk]

so did you not get them to check they already had your correct address 

On 17/03/2023 at 19:50, kjw327 said:

know that I updated the address on 6 December 2021 as I have a screen shot that is time and date stamped.  

 

you should not be having to do this for a court error.

 

dx

 

[kjw327]

They said that the HMCTS/MCOL system does not transfer the data submitted by a user.  So even though I updated in Dec 2021, the stayed claim details would not have been changed.

 

The local CC said that they have nothing to do with what Northampton do, and they work with the information that is transferred to them.  If something has changed, that I or the claimants solicitors should have updated.  I pointed out that I did not have an awareness of a requirement for details to be changed because I was not aware that the stay had been lifted and the claim transferred.  

 

It is my belief that I had taken all appropriate actions with address updates, I had notified the claimant, notified their solicitors and updated my registered details with HMCTS/MCOL.  I am not sure what else I could have done to have prevented this.

 

Should I complete the N244 to request adjournment and re-listing?  They said it is £108 fee, i don't want to do this if it is not the best action for me to take.

 

 

Edited March 20, 2023 by kjw327