Cabot/Mortimer claimform - old Aqua Newday Card Debt

[Gilbert2014]

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.

[AndyOrch]

Quote

Ive received a CCJ application 

 

Do you mean you have received a court claim ?

 

Andy

[Gilbert2014]

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.  

[AndyOrch]

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.

 

 

[Gilbert2014]

 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.  
 

 

[AndyOrch]

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 ?

[Gilbert2014]

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?

[AndyOrch]

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

[Gilbert2014]

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?  

[AndyOrch]

Yes keep the blue paragraph in.....

 

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

[Gilbert2014]

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.  

[dx100uk]

ok good

so get AOS/CCA/CPR done

then get reading up.

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=cabot newday claimform&oq=cabot newday claimform&gs_l=partner-generic.3...58862.67117.0.70354.22.22.0.0.0.0.74.1266.22.22.0.csems%2Cnrl%3D13...0.8272j3787480j22...1.34.partner-generic..20.2.135.1wHcK-Z3XGs

 

do not miss your defence filing date no matter what happens.

 

dx

 

[AndyOrch]

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

[Gilbert2014]

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?

[dx100uk]

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]
 

[Gilbert2014]

The defence won’t allow me to skip, do I just enter ‘to follow’ or similar?  It won’t allow me to leave it blank.

[dx100uk]

no

you did click the AOS respond box

not the defence one.

[Gilbert2014]

Ah great sorry I clicked to defend, I’m a doof! 

[dx100uk]

21 hours ago, dx100uk said:

now get reading up.!!

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=cabot newday claimform&oq=cabot newday claimform&gs_l=partner-generic.3...58862.67117.0.70354.22.22.0.0.0.0.74.1266.22.22.0.csems%2Cnrl%3D13...0.8272j3787480j22...1.34.partner-generic..20.2.135.1wHcK-Z3XGs

 

do not miss your defence filing date no matter what happens.

 

dx

 

 

[Gilbert2014]

Thanks so much.  AOS submitter, letter to Cabot posted and letter to solicitors posted.  Now I wait....

[dx100uk]

no you don't!!

[Gilbert2014]

Apart from reading and researching, and waiting for day 33

[AndyOrch]

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

[Gilbert2014]

Thank you, I’ll submit it the day before just to be sure.  

[AndyOrch]

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