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Cabot/Mortimer claimform - old Halifax Loan Debt


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Points 3/4/5 require attention.......you cant deny points that you have already stated the opposite within your post # 5 ?

Do you wish to perjure yourself  ?

 

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

 

 

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

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 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.

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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 without an account agreement number I am unable to confirm 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 & 3 & 4 are noted but as above without reference I am unable to admit or deny.

 

5. As the claimant has failed to state specifically the agreement account number, Im therefore unable to admit or deny entering in to this financial agreement with Halifax and have sought verification by way of a section 77 request pursuant to the CCA1974 which the claimant currently remains in default.

 

6.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.  
 


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 .The Claimant is put to strict proof to:  

 

a. Show how the Defendant has entered into an agreement pursuant to sec 77 CCA1974; and

b. Show and evidence service of a Default Notice pursuant to sec 87(1) CCA1974: 
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  
 
8. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  
 
9.. 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.

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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So no agreement /account number referenced anywhere on the claim form ?

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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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.

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  • 2 weeks later...

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.

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