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    • Pardon late reply, had a busy last few days. I will make enquiries to the Council or Valuations Agency tomorrow when they are open. I am a little apprehensive about getting the dentist involved although I wasn't warned about the new parking system at the time. I have photos but  will need to reduce the mb size of them as 4.5 mb is maximum upload on here. They will also need editing to blot out reg numbers etc. I was given 28 days from CE to cough up after the POPLA decision and that will expire in a few days time. I intend to take this all the way and to save further action [e.g. debt collectors with the £100 rocketing to the thick end of a Grand]   write to CE and tell them take me straight to Court as all letters will be ignored. 
    • Hi, i am not sure if this has been discussed before, i have a feeling it probably has. My partner has claimed carers allowance for looking after her uncle for the last 3 years. She has also quite often worked part time. She has always told me she was allowed to work 15 hours per week and she has always stuck to this limit. However i have looked into it and found that the limit is how much you earn not how many hours you work. Her jobs have always been minimum wage so they have actually kept her just under the earnings limit. This is where i think this subject may have been discussed before, obviously in april 2019 the increase in NMW and the carers earnings limit increase resulted in someone working 15 hours at NMW being 15p over the limit. My partner had no idea she was earning too much until a letter arrived a few weeks ago from the carers people. They suspended her claim and she had to fill a form in  detailing her working hours and earnings etc over a certain period. My partner sought advice from the CAB who said this would be overlooked as it was such a small amount (15p). She received a letter on saturday saying she was not entitled to carers from april 2019 until sep 2019, (she stopped working in september and is not currently working). The letter does not say what they intend to do as she has already received her payments for this period. I have a feeling another letter may be on its way telling her to pay it back ? Surely this can not be right ? Another point to mention is that my partner had £2 per week took from her wages for her uniform, i put this down as an allowable expense but they have completely ignored this and not even mentioned it in the letter they sent out on saturday. As far as i was aware work uniform or equipment should be classed as an allowable expense, this in effect would take her below the carers earnings limit. Has anyone had a similar experience or can offer any advice ? I seriously cant believe they are doing this over 15p per week. Thanks in advance Steve.
    • You are onto something here... POFA s.4 states:   "6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)— (a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8...   8(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met....   (4)The notice must be given by— (a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or (b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period. (5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given."   In the Claimant's WS, from para 54 onwards, they refer to p.9 of POFA regarding the issuing of the notice to the Keeper. They're relying on the wrong paragraph because, as they've issued a notice to driver, they should be relying on p.8, as I've quoted above. The notice to keeper can then only be issued once 28 days have passed. They're stating that it's 14 days, and that they have done this in your case.   Did you include POFA as a WS exhibit?
    • Thanks again!   With regards to evidence raised above, since the application is now scheduled for a hearing, what if I wanted to submit further evidence to support my case for the hearing.   How would that affect the already submitted Witness Statement with the application? (It was not originally meant for a hearing)
    • dx100uk - sorry for the multiple pages but there should have only been 2.  I have placed them in pdf and will upload them again. Debt Recovery Plus Ltd - 7-10-19.pdf Debt Recovery Plus Ltd - 20-9-19.pdf
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kjw327

Cabot/mortimer ClaimForms - 2 sep Next Account Cat Debts

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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

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

 

dx

 


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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.

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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. :lol:

 

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]
 

 

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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The CAG Interest Tutorial Read Here

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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. 

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who are the sols?

restons or mortimer


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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The CAG Interest Tutorial Read Here

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Mortimer 

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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.  

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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

 

 

 

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thank you 

 

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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. 

 

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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

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by 1st july 4pm

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Posted (edited)

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 by kjw327

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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  :???:  :becky:

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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. 

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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

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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.

 

 

image.png

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We could do with some help from you.

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

 

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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 ? :roll:


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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.

 

 

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

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We could do with some help from you.

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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

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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

 

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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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

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We could do with some help from you.

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