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Cabot/Mortimer claimform - old Aqua Newday Card Debt


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Hi, 

Ive received a CCJ application for a debt via Cabot.

 I’m unsure whether the debt is statute barred - how do I find out please?

 I’ve looked on ClearScore, which just tells me a date of ‘updated’ even though I’ve had no contact.  

 

I’ve signed up to Experian, but the debt is not listed on there.

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Ive received a CCJ application 

 

Do you mean you have received a court claim ?

 

Andy

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Hi yes, county court business centre.  I’ve since joined Experian but the debt is not listed on there (but is listed on ClearScore).  However Experian also says I’m not on the electoral roll when I know I am.  The amount was originally £330 but bumped up to £415 with costs.  I’m not sure how to respond, as I have no details of the debt.  

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Topic moved to Financial Legal Issues Forum.

 

Please read the following link and copy the Q,s and post your response back here for further advice on how to proceed.

 

 

We could do with some help from you.

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  • Andyorch changed the title to Court Claim Received Help

 Name of the Claimant ? Cabot Financial

 

Date of issue – 09 Oct

 

Particulars of Claim

 

What is the claim for – 

1.By an agreement between Newday Ltd Re Aqua and the defendant on or around 27/12/2012 NewDay Ltd re-Aqua agreed to issue the defendant with a credit card.

 

2.The defendant failed to make the minimum payments due.

 

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

 

4.The agreement was signed to the claimant.

 

The claimant therefore claims 330.50 plus costs.

 

What is the total value of the claim? 415.50
 

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

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes but they had new address
 

Did you inform the claimant of your change of address? They already had info

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
 

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...) ? Shows on ClearScore but not Experian
 

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. Signed to debt collector
 

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? Can’t remember 
 

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

Why did you cease payments? Was taken out while in a financially abusive marriage after ex husband was made bankrupt, along with other credit.  Since separated 3 years ago.  Now single with two dependants and left with other debt.
 

What was the date of your last payment? Don’t know
 

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? I asked them to freeze interest so that I could pay the actual debt off rather than just minimum payment.  They refused.  
 

 

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Thank you....

 

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

Received solicitors letter. 

 

Did you complete it and return the form ?

We could do with some help from you.

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I’m sorry I don’t know.  I did receive a letter asking for income and the like.  I struggle actioning due to anxiety, and unfortunately buried my head in the sand.  Not helpful, I realise.  

 

If I was to call them and offer full payment, would they cease then action of CCJ?  Or would it still go on my record.  It says that if I admit and ask for time to pay, it will still go as CCJ - but if I pay in full, would it be halted?

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No dont call them......or do anything yet apart from follow this advice.

 

Refer back to the link and read the section about sending a CPR 31.14 request and also a CCA section 78 request for a copy of the agreement.

 

You have 33 days in total to deal with the claim assuming you will be defending in full.

19 days to file your acknowledgment of service (you can do this all on line read the instructions contained in the claim pack )

If defending in full you then have a further 14 days to submit a defence...so 33 days in total.

 

So CPR and CCA request next......then register on line to use the MCOL portal....get your username.....the password is already provided in the pack.

 

You do not submit a defence yet.

 

Andy

We could do with some help from you.

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  • dx100uk changed the title to Cabot/Mortimer claimform - old Aqua Newday Card Debt

Thanks so much.  I’ve done the letter cca request - I’ve kept IN the paragraph in blue, as I’m sending to Cabot, who aren’t the original creditors, is that right?

 

im also not sure about the CPR31.14 bit?  The link just takes me to some legal wording?

Also, if I defend and it’s not statute barred, will I end up with CCJ?  

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Yes keep the blue paragraph in.....

 

Give Newday a ring and find out your last payment date.

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

 

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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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1 hour ago, Gilbert2014 said:

I’ve just found some paperwork.  The account defaulted in October 2016. Received letter in October 2017 confirming Cabot had bought the account held by Aqua.  

 

 

So not statute barred...unless you last payment was way before the default notice.....wait for a response to your CCA request and we can take it from there.

You can defend in full and even if you do lose ....still pay the judgment before its registered...

 

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

 

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Thanks so much for your help, really appreciate it.  I’ll get those done and posted off.  

 

Hi, sorry, quick question - do I send the documents to Cabot or Mortimer Clarke Solicitors??

 

Hi, I’m just on the website to acknowledge but it’s asking for defence particulars?  

What do I put - you said I should not submit a defence yet but it’s a required field on the form?

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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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no

you did click the AOS respond box

not the defence one.

  • Thanks 1

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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  • Thanks 1

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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no you don'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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Tues the 10th Nov 4.00pm is your due date to submit your defence...start looking at similar threads and defences and how to draft a compliant defence...subject to what you get back from your two requests your defence will be similar to ones you will see here on previous threads.

 

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 Topic please PM me a link to your thread

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No ...you will post  it here for checking 2/3/ days before 10th Nov. :classic_wink:

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 Topic please PM me a link to your thread

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