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Cabot/Mortimer Claimform - Old Cyldesdale Credit Card Debt


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Have received request for payment for £4K for an old (but not statute barred) debt with Clydesdale bank.  

Haven’t heard from Mortomer Clark since March this year when received a txt saying please contact them.

 

 Briefly, resigned from job Dec last year when in hospital with sepsis,

have had a blood condition since 2016 following cancer.

Shielded since March 2016 and still advised not to work indoors or in close contact with people (sort of limits things).

 

Am surviving on occupational pension of £352 pm and have no free cash.

 

 Can you tell me how to respond to this please? 

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  • dx100uk changed the title to Cabot/Mortimer Claimform - Old Cyldesdale Bank OD Debt

Please Complete This:

 

 

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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Date of issue – 16 Sept 2020

 

Particulars of Claim

 

What is the claim for – 

 

1. By an agreement between Clydesdale Bank plc & the defendant on or around 13/9:2016 (‘the agreement’) Clydesdale Bank plc agreed to issue the defendant with a credit card.  

The defendant failed to make the minimum payments due.  

 

2.The agreement was terminated following the service of a default notice.

 

3.The agreement was assigned to the claimant.  

 

The Claimant therefore claims  

1.4200.  

2.costs  

 

 

What is the total value of the claim? 4200
 

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? 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 ? After April 2007
 

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

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not sure
 

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 has debt
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure
 

Did you receive a Default Notice from the original creditor? Yes
 

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? Very ill last year and additionally broke my shoulder meaning  3mths off work, salary dropped radically
 

What was the date of your last payment? Sept 2019ish?
 

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

 

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who is the stated claimant please Cabot?

 

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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  • dx100uk changed the title to Cabot/Mortimer Claimform - Old Cyldesdale Bank Card Debt

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]
 

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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You must do the above and acknowledge service before 4.00pm tomorrow (Friday)

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Hiya

cabot financial is the claimant

thank you

 

so sprryfordsy in replying, am quite unwell at the minute and seem to be very muddle headed, will complete as requested by 16:00 tomorrow, thank you 

(The documents have only been in my hands for a couple of days, letter went astray)

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AOS ...get it done now incase the MCOL site goes down over the W/End as it usually does and doesn't get reset till monday AM at best

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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  • 3 weeks later...

Hello again

havent received anything back from solicitors in respect if my request for information.  Time is marching on and I am not sure what sort of defence I should be making, would you know what I should do next please?  

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your defence was due last friday

who said you had to wait for returns from requests...we didn't..

 

 

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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Share on other sites
  • dx100uk changed the title to Cabot/Mortimer Claimform - Old Cyldesdale Credit Card Debt

pst..

there a very good defence in post 32 here...:pound:

 

 

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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Share on other sites

Hello, thank you, I had it marked as due this Friday on the calendar.  My only defence is that I have a really acute kidney infection and infected cellulitis in my leg, last week has just been about survival although I doubt it will matter.  Can I file something late do you know?  Crikey life’s a bit of a bucket of muck at the minute 

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here you go:

go file this on MCOL now:

(not the red bit)

 

1. By an agreement between Clydesdale Bank plc & the defendant on or around 13/9:2016 (‘the agreement’) Clydesdale Bank plc agreed to issue the defendant with a credit card.  

The defendant failed to make the minimum payments due.  

 

2.The agreement was terminated following the service of a default notice.

 

3.The agreement was assigned to the claimant.  

 

The Claimant therefore claims  

1.4200.  

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.

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

1. Paragraph 1 is noted. I have in the past had financial dealings with Clydesdale Bank plc . I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to comply.

 

2.Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or (Original Creditor).

 

3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974 by the original creditor not the claimant.

 

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and
 (b) show and evidence any cause of action 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;

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request 

 

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

 

7. 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.

 

8. 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.

 

 

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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