Cabot/Mortimer Claimform - old citi/Sav/opus credit card debt

[FiMAC 1]

 

Hello to all, this is my first post, though I have been reading the forums for a while.  Yesterday I received a claim form from Cabot Financial and now I'm really nervous about how to proceed. After reading through some of the topics/threads yesterday and today I've now filled in your questionnaire below. Thank you. Fi

 

 

Name of the Claimant ? Cabot Financial

 

Date of issue – top right hand corner of the  claim form – this in order to establish the time line you need to adhere to. 23 Oct 2019

 

 

Particulars of Claim

 

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

 

By an agreement between SAV Credit RE Opus & the Defendant on or around 01/03/2005 (‘the Agreement’) SAV Credit RE Opus agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 10864.21 2. Costs

 

What is the total value of the claim? £11453.10

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes, from Mortimer Clarke in September 2019. I then sent a CCA request to Cabot after reading the CAG forums.

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

Did you inform the claimant of your change of address? N/A

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

 

When did you enter into the original agreement before or after April 2007 ? Before April 2007

 

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

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? I have no idea as I have never checked any credit reference files

 

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? The Debt Purchaser 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Never to Cabot (nor to anyone else to my knowledge)

 

Did you receive a Default Notice from the original creditor? Yes sometime in 2010.

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No

 

Why did you cease payments?  Originally, as my small business suffered heavy losses during financial crash.

 

What was the date of your last payment? Last token payment to Cabot was Feb 2019

 

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? Yes and offered token payments

 

[dx100uk 8,576]

and no reply to CCA request yet?

when did you send it?

what date did you get the PAPLOC?

 

[FiMAC 1]

Hi dx100uk,

 

Thank you for your speedy response.  Received PAPLOC on 18th September but at first I didn't realise it was a Letter of Claim. I sent the CCA request to Cabot on 8th October, using information provided on the CAG forum.

[dx100uk 8,576]

so you didn't reply to the PAPLOC using a reply pack, hence the claimform..

 

what was this credit card? SAV credit/opus bought all manner of cards out and inherited 10'000's of unenforceable debts that people blindly paid simply running the SB date into infinity. 

 

strikes me strange you never thought to question the debt all these years but chose to blindly pay a powerless DCA for almost 10yrs 

……………………..

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 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
 you DO NOT file a defence at this time
 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]
 

[FiMAC 1]

Thanks for your reply.

I will follow the instructions provided.

 

As for the reply pack I didn't realise that I needed to fill in the boxes they supplied in the PAPLOC,

I did respond to them and requested a CCA from Cabot.

I understand now that I’ve read through the forum so could I have avoided a Court Claim if I’d filled in the information? 

 

The original credit card was with Citi and I made token payments of five pounds to them originally and then reduced the payments to one pound.

 

I never questioned the debt as I was just too frightened to do anything other than pay them something, it was hard to cope with so much financial stress at the time but I’m trying to read as much as I can now.

[dx100uk 8,576]

oh lovely

though it was a citi card

they'll never get a compliant CCA for that.

that why they were taken on by sav credit and latterly Opus

to try and obscure these facts from the system

 

citi signed agreements all hit the shredder years ago.

 

 

should be a walk in the park for you.

[FiMAC 1]

Thank you DX.