Cabot/Mortimer claimform - old Halifax Loan Debt

[Mdg123]

Hi everybody, 

 

I've recently just been dealt a CCJ. I have two debts on my credit file from Cabot. 

 

Both around 5k.

They are ones I recognise from defaulting 4 years a go.

 

I was advised by CAB to stop making payments as it was deemed necessary for them to advise me to go bankrupt.

My boss at the time stopped me at the eleventh hour advising me half the time they won't sue and I should wait to see if they become statute barred instead of declaring bankruptcy. 

 

This is what I did but as the title suggests I have received a CCJ for one of the debts and not the other even though they're both with Cabot? 

 

I am struggling financially still thanks to furlough and a rather expensive mot recently which has cleaned me out but in a much better place financially now then when the advice was to go bankrupt four years a go. 

 

Can anyone suggest a possible plan of attack?

I was hoping and praying that if I perhaps call them and arrange a payment plan for both debts they may drop the CCJ? 

 

Other than that hail mary I'm a bit of a loss as to what I can do and any help would be gratefully received. 

[Mdg123]

They have issued a claim. I have until the 19th to respond. 

[Mdg123]

 

Name of the Claimant ?  Cabot Financial - Mortimer Clarke Solicitors

 

Date of issue – 1st October 

 

AOS due - 19th October (2 weeks plus 5 days) 

Defence due 2nd November (33 days total) 

 

Particulars of Claim 

 

1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.

 

2.The defendant did not pay installments as they fell due.

 

3.The agreement was terminated following a service of a default notice.

 

4.The default was assigned to the claimant.

 

5.The claimant therefore claims 1. 4.5k 2. Costs

 

What is the total value of the claim? £4841.15
 

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

I was threatened with court action but I'm not sure if I received the correct pre action protocol.

I was looking out for it but didn't think I had received it.

Shamefully I did not keep the letters I received to be able to double check. 
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? No

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 ? Online 
 

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

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? Yes
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I believe so
 

Why did you cease payments? I was preparing to be declared bankrupt and advised to do so by CAB. 
 

What was the date of your last payment? 1/7/16
 

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 as I was planning to go bankrupt. 

[Mdg123]

Thanks for the advice.

I'm already registered on mcol.

 

How do i file a defence by day 33?

If I haven't received any paperwork back from the requests? 

[Mdg123]

Yeah word for word. Is that unusual? 

[Mdg123]

Hi guys and gals, 

 

Been reading up all night. Andy and dx from what I can see you guys are absolute legends! Such a wealth of relevant info here I just haven't been able to find anywhere else. Thank you and everyone else here so much! 

 

Just a quick q though.

I need to write to Cabot to let them know my current address.

I don't have any letters from them about any of the debts so unaware of their reference for either of the debts.

 

How should I word the change of address letter to them for the debts?

I could use the ccj reference for letter of claim they have sent for the first debt but what about the other which I have no reference for?

 

Just want to cover my bases.

Just in case they've sent a second ccj to a previous address at the same time as this one to my current address! 

 

Thanks again all! 

[Mdg123]

Wicked thx dx. All in process now and to be sent recorded delivery tomorrow

[Mdg123]

AOS done!

 

CCA:

 

CPR:

 

 

Does this all look good to everyone? Will send them all off tomorrow if so!

 

btw you lot are amazing!
 

Edited October 12, 2020 by dx100uk
templates removed

[Mdg123]

dx..... a real life super hero since 2006, doesn't sleep (apparently lol) and still here at midnight helping this novice through a ccj claim! Will recorded post it all off tomorrow and hope your signature remains true "If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... "

 

I'll await the docs back from Cabot/Mortimer and formalise my defence accordingly over the next few weeks and let you all know what's going on as it happens!

[Mdg123]

Hi Andy, dx, 

 

Cabot have sent me through another claim form for the other aforementioned debt. Shall I keep all the adventure in this thread? Or start a fresh one? 

[Mdg123]

How's this folks?

 

 

 

[Mdg123]

1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.  

 

2.The defendant did not pay instalments as they fell due.  

 

3.The agreement was terminated following a service of a default notice.  

 

4.The agreement was assigned to the claimant.  

 

5.The claimant therefore claims

1. 4.5k

2. Costs 

 

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. 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.  

 

3. Paragraph 1 is denied. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.  

 

4. Paragraph 2 is denied. I am not aware of any payment terms for the stated agreement.  

 

5. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served by either the claimant or the original creditor.  

 

6. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, 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 how the Claimant has the legal right, either under statute or equity to issue a claim  

 

7. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.  

 

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

 

9. 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 82 A of the Consumer Credit Act 1974  

 

10. 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.

[Mdg123]

Thanks Dx. Amended defence set out below. Does it look right now?

 

1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.  
 
2.The defendant did not pay instalments as they fell due.  
 
3.The agreement was terminated following a service of a default notice.  
 
4.The agreement was assigned to the claimant.  
 
5.The claimant therefore claims
1. 4.5k
2. Costs 
 
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. 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.  
 
3. Paragraph 1 is denied. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.  
 
4. Paragraph 2 is denied. I am not aware of any payment terms for the stated agreement.  
 
5. Paragraph 3 is denied. It is denied that Cabot Financial served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

 

6. Paragraph 4 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served by either the claimant or the original creditor.  
 
7. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, 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 how the Claimant has the legal right, either under statute or equity to issue a claim  
 
8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.  
 
9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  
 
10. 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 82 A of the Consumer Credit Act 1974  
 
11. 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.
 

[Mdg123]

I have realised for para 5 i have put Cabot instead of Halifax and have amended my defence accordingly.

[Mdg123]

 Hey Andy, Dx,

 

With the deadline approaching to enter this defence i have amended as best i can. Can either of you help with it or point me in the direction of a similar case so i can get some ideas for myself? Or is the below ok? Considering i could of nearly perjured myself i would really appreciate it if you guys could take a look.

 

1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.  
 
2.The defendant did not pay instalments as they fell due.  
 
3.The agreement was terminated following a service of a default notice.  
 
4.The agreement was assigned to the claimant.  
 
5.The claimant therefore claims
1. 4.5k
2. Costs 
 
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. 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.  
 
3. Paragraph 1 is noted. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.  
 
4. Paragraph 2 is noted.
 
5. Paragraph 3 is noted.

 

6. Paragraph 4 is noted.

 

7. Paragraph 5 is noted. As i can't recall entering in to this financial agreement with Halifax i have asked them to prove that i had entered in to this agreement. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, 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 how the Claimant has the legal right, either under statute or equity to issue a claim  
 
8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.  
 
9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  
 
10. 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 82 A of the Consumer Credit Act 1974  
 
11. 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.

[Mdg123]

Thank you so much again Andy. I will be donating as soon as able. 

[Mdg123]

Have just triple checked and no there definitely isn't any agreement / account number. 

[Mdg123]

Ok defence submitted. Mortimer have sent a letter back ackn my CPR request.

 

Weirdly Cabot got back to me ackn my CCA but have referenced the other claim for the current account instead. Didn't think you could CCA a current account claim? Fleecers must be getting their wires crossed  

 

I'll sit back and wait and keep on reading up!

 

As ever thank you kindly to Andy and Dx.

[Mdg123]

Small update for anyone keeping track....

 

-Received a letter from court to say defence was received.

-Received letter from Mortimer to say they have received my defence and that it may take a while for their client to gather required documentation for now the matter is closed.

-Still no response or ackn to my CCA request for this claim.

 

Will wait now to see if this gets stayed and then forget about it until i get any responses back.