Cabot/Mortimer Clark claimform-Old Bank of Scot Loan

[spergen]

Hi Guys,  well after a distressing but in the end successful case last year I have now found myself in the thick of it again.  Although I assume I know the procedure by now I thought I would post all my efforts once again in the hope I may help someone else in a similar situation.  So here goes.......

 

Name of the Claimant ? CABOT FINANCIAL (UK) LTD

 

Date of issue – 05 December 2019

 

Particulars of Claim

 

What is the claim for –

 

1.By an agreement between Bank of Scotland & the Defendant on or around 15-12-2008 ('the Agreement') Bank of Scotland agreed to loan the Defendant monies. 

 

2.The Defendant did not pay the instalments as they fell due & the Agreement was terminated. 

 

The Agreement was assigned to the Claimant. 

 

THE CLAIMANT THERE FORE  CLAIMS

1. 4800.52 

2. Costs

 

What is the total value of the claim? £4800

 

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? 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? Loan

 

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

 

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

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? It was but has now gone

 

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. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes on 08-07-2013

 

Did you receive a Default Notice from the original creditor? Yes on 02-10-2009

 

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? No income

 

What was the date of your last payment? Not sure but a couple of years ago

 

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 started a DMP in 2009

[dx100uk]

well going by your DMP thread

you should have stopped years ago??

so any payment within the last 6yrs

and did you sent a CCA request to cabot back then?

 

 

[spergen]

Acknowledgement of service sent along with CPR 31:14 & CCA requests as they stated in a letter they are in possession of a signed original copy of my agreement.  All of this was sent with proof of postage on the 17/12/2019.

 

So far I have not received anything back

[dx100uk]

def due tuesaday

4pm

[spergen]

Yes I had an old back account that had a few £ in it.  I left that running sending £1 to each of my original creditors until it ran out of cash in 2017 I believe.

I must of sent a CCA request to them along with all the others.  For the life of me I cant find the file from that time-very unlike me.

6 minutes ago, dx100uk said:

def due tuesaday

4pm

So should I send my defence off to the courts now?

[dx100uk]

Have you not sent cca/cpr yet?

 

[spergen]

Have butchered my defence from my other claim as a starting point,  anyone feel free to advise/amend

 

 

 

 

Defence

  1. 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.

 2. Paragraph 1 is noted insofar as I have in the past held a contractual relationship with Bank of Scotland. I do not recall the precise details or aware of any outstanding balance. I therefore have sought clarification from the claimant by way of a CPR 31.14. Unfortunately the claimant has failed to comply with my request.

 3. Paragraph 2 is noted that the debt was legally assigned by Bank of Scotland to the claimant.  The Letter of Assignment was received on the 08th July 2013 but since that date have not received a notice of default etc until the Letter of Claim dated 05-December-2019

 4. Paragraph 3 is noted  the claimant states that the defendant has failed to make contractual payments under the terms of the agreement. The claimant has failed to comply to my section 78 request and thus remains in default of said request and therefore unable to enforce any alleged agreement .

 5. On the 17th December 2019 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply with my request and is therefore in default and unable to enforce or request any relief until such time they comply.

 

  Therefore the Claimant is put to strict proof to:

(a) Show how the Defendant has entered into an agreement; and

(b) Show how the Defendant has reached the amount claimed for; and

(c) Show and evidence the nature of breach and service of a Default Notice Pursuant of sec 87(1) of the CCA1974.

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

16 minutes ago, dx100uk said:

Have you not sent cca/cpr yet?

 

Yes I sent these off with the notice of assignment on the 17th

[dx100uk]

is there an account number in the poc?

 

see post 31here

 

 

[spergen]

There is no account number in the POC, I wrote verbatim. 

There however is the correct original Bank of Scotland account number in the letters Mortimer Clark sent me before the Claim.

 

Thank you Andy I shall edit mine to suit the similar one from this.

[spergen]

Right a few extra bits of information,

 

I set up my £1 standing order to original creditor (Bank of Scotland) way back on 12/11/2009, this ran until sometime in 2017. 

At no point did I swap to whom this was being paid. 

 

Now if Cabot purchased this alleged debt on 24/06/2013 is this alleged debt not statute barred seeing as I have made no contact or payment to them ever?

 

Secondly and I hope this is a smoking gun

 

I have received within the Mortimer Clark bundle a copy of all my alleged payments to Cabot from 12-04-2013 till 12/12/2018, 

firstly in the two columns marked Debits and then Credits it shows a £1 payment for each month, but every now and again whoever typed this up has put the £1 in the wrong column and is showing it as a debt not a credit, furthermore it shows an adjustment figure of £50 in the credit section.  Then 7 month later a transfer  of £50 into the credit column too?

 

Thirdly and I really hope this is good

I have a statement of account from Cabot dated 07-02-2016 listing all the alleged £1 payments from 19-02-2015 until 18-01-2016. Now having looked through all 16 alleged payment NONE of them tie in date wise with the Mortimer Clark documents from Cabot !

 

Hope all this makes sense?  If not I can scan in and post up a PDF  

[spergen]

Ok so this is the defence I filed today

 

What is the claim for –

1.By an agreement between Bank of Scotland and the defendant on or around 15/12/2008 (the agreement) Bank Of Scotland agreed to loan the defendant monies.

 2.The defendant did not pay the instalments as they fell due & the agreement was terminated.

 3.The agreement was assigned to the claimant.

The claimant therefore claims 1. 4660.00   2. Costs

 

 Proposed 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.

 1. Paragraph 1 is noted. I have, in the past had financial arrangements with Bank of Scotland, however I do not recall the exact details or am I aware of any outstanding balance. I have requested the claimant verify the details of this claim by way of a CPR 31.14. The claimant has failed to comply.

 2. Paragraph 2.The Claimant alleges that I the Defendant did not pay the instalments as they fell due. The claimant is put to strict proof to evidence such breach by way of a Default Notice pursuant to CCA1974 section 87 (1)

 3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 4. On the 17^th December 2019 I made a legal request by way of a section 77 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance.

 5. Therefore the Claimant is put to strict proof to:

 (a) show how the Defendant has entered into an agreement; and

 (b) show and evidence the breach and service of a Default Notice;

(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.

 

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

 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[AndyOrch]

[spergen]

Update

 

Received a standard letter from the Court today acknowledging receipt of my defence dated 28-01-20

Usual 28 day period for claimant to reply

 

[spergen]

Another update,

 

Still nothing, I assume they have 28 days + 10 to respond from the court sending them the documents?  So if I got my letter from the court for my  defence on the 8th jan that will be a cut off point on the 15th Feb?

[dx100uk]

33

 

dx

 

[spergen]

Update

 

Still nothing in the post or on MCOL, I assume with no reply to my defence it is now stayed?

[AndyOrch]

As explained in your acknowledgement of defence received from MCOL...28 days.

[spergen]

I will wait until I have something in writing from the courts, will call tomorrow then post up and hopefully this can then be moved to th

e success thread

[dx100uk]

it's stayed but that's not a 'win'