Cabot/Mortimer Claimform - Old Newday Marbles Card Debt.

[Heretolearn]

Hi all

update on this thread

I did sent up a token payment plan through bank /standing order etc to all 4 creditors

 

unfortunately Marbles have passed this onto frederick international this week..

.who are performing as a DCA sees fit..

.non stop emails/calls/text etc..any advice

 

...do i keep with the so I set up with these Card companies...ignore frederick ...

 

also sent 4 letters to all of them requesting freezing of interest/fees....still they keep piling on the interest etc

[dx100uk]

who are freds clients?

 

if they've not frozen int etc

then send the second letter from the DCA forum

sorry you've failed to help me

you are only getting £1PCM now till I die.

[Heretolearn]

Hi

freds clients is marbles..they passed it to them this week...

[dx100uk]

ignore then

[Heretolearn]

So just carry on with token payments to original cc companies and ignore fred...even though marbles has passed original debt to fred ...?

[dx100uk]

you can always ignore every DCA

they are not bailiffs and no legal powers whatsoever.

even if they own the debt.

 

if they are operating for a client, then they have even less legal powers

[Heretolearn]

Cool, just donated a little bit to the site, will do every time i get a solution...methinks I will be busy on here on over the month or so...VERY are up next

[Bazooka Boo]

If they are calling you, then report them to Ofcom for the misuse of the telecoms network, and also to the FCA for harassing debtors.

[Heretolearn]

I have blocked their numbers and emails are currently going to spam

 

Wow this frederick international are really something else constant emails, text, using different numbers for phone calls, time to report them

[Bazooka Boo]

Ofcom, the FCA, and your local MP.

[renegadeimp]

 

And the best thing of all, they have no rights at all Fire off a complaint to them, ofcom, fca. Leave your MP out of it until you get resolution through those channels.

[Bazooka Boo]

Leave your MP out of it until you get resolution through those channels.

 

On the contrary hit your MP first with a complaint, have them raise the issue of debtors being harassed by outfits who laugh in the face of legislation.

[Heretolearn]

Ok , updating to this thread...

 

.Stalemate with Cabot , as they cannot produce a CCA,

 

Cabot have come back today and now are threatening a CCJ in 4 weeks , ie pass it on to their solicitors if I do not respond, even though they were unable to produce a CCA...shall I hit them again with another request...?

[dx100uk]

read it carefully

doesn't say WILL anything.

 

await a letter of claim and reply pack if/when one ever comes

 

 

dx

[Heretolearn]

Hi All good morning

 

Today received a Northampton Claim Form from Cabot/Mortimer Solictors, probably a wide shot to grab a ccj without a response , any advice on the way forward ?? go for the CCA, / which they failed to produce before...

[AndyOrch]

Topic moved to Financial Legal Issues forum in view of the court claim

 

Please read the following link and then copy the Q,s and post them back here with your responses.

 

Andy

[Heretolearn]

Have sent them (cabot) a previous request for CCA, but they never produced one, worth asking again?

 

[Heretolearn]

Name of the Claimant ?

CABOT FINANCIAL UK LIMITED

Date of issue – 20 JUL 2020

 

Particulars of Claim

 

What is the claim for –

 

1.By an agreement between New Day Ltd Re Marbles & and the defendant  on or around 15/09/2016 (the agreement) New Day Ltd Re Marbles agreed to issue the defendant with a credit card.

 

2.The defendant failed to make the minimum payments due 

 

T3.he agreement was terminated following the service of a default notice.

 

4.The agreement was assigned to the claimant.

 

5.THE CLAIMANT THEREFORE CLAIMS 1. 850 2.Costs

 

What is the total value of the claim? 980.30

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

No

 

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? 

NA

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 ? 

15/09/2016

 

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

Online

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? 

Not sure Need to check 

 

 

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

 

Did you receive a Default Notice from the original creditor? 

No

 

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?
HAD NO INCOME

What was the date of your last payment?
JUNE 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?

Yes

 

 

[dx100uk]

when was that CCa sent 2yrs ago?

 

new thread created for this court claim

please post here now regarding this debt.

 

dx

 

[Heretolearn]

Probably around  18 months ago

 

I had various letters from them saying that even though they could not produce a CCA, they would keep in touch via post enquiring on my ability to pay...then they would  send it to mortimers who would then send the usual Our client has instructed us blah blah

then back to Cabot

Ignored all then this Came... 

 

[dx100uk]

and you still have the letters stating they have no CCA ??

 

dx

 

[Heretolearn]

Yeah , still have them 

[dx100uk]

good job

those could be useful

 

ok for the minute follow the std procedure

and yes i would send another CCa request..

might remind then how hopeless their Claim is....

 

.....................

 

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

[you MUST file a defence regardless by day 33 ]
 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]
 

 

 

[Heretolearn]

Cheers , will do

 

[Heretolearn]

Cheers , will do