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Cabot/mortimer ClaimForms - 2 sep Next Account Cat Debts


kjw327
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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. 

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an agreement

financial dealings

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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

 

 

Andy

  • Thanks 1

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  • 1 year later...

how did this go?

claim got autostayed?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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.  

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:rockon:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 11 months later...

Open

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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

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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.

 

 

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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.

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