Cabot/Mortimer claimform - old Zopa Loan Debt ***Claim Discontinued***

[kjw327 2]

Name of the Claimant ? CABOT Financial (UK) Limited

 

Date of issue – 22 October 2020

  

Particulars of Claim 

 

1.By an agreement between Zopa & the Defendant on or around 24/09/2014 (“the Agreement”)  Zopa agreed to loan the Defendant monies. 

 

2.The Defendant did not pay the instalments as they fell due. The Agreement was terminated following the service of a default notice. 

 

3.The Agreement was assigned to the Claimant. 

 

THE CLAIMANT THEREFORE CLAIMS

1. 1275.00 

2. Costs

 

What is the total value of the claim? 1425.00
 

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? 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. Assigned – Debt purchaser issued claim
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No
 

Did you receive a Default Notice from the original creditor? No
 

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?  Too much debt and loss of second income to home
 

What was the date of your last payment? May 2017
 

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

 

 

Hello all,

having been away from home for a week I have returned home today to a claim form from Northampton CCBC. 

This was redirected to me from my previous address. 

I have several debts that I have ignored for a long time. 

 

I have received some letters in relation to making payments on some but this is the first correspondence I have had from this one for quite a while.   

I'd be grateful for initial advice and guidance along the way. 

 

Many thanks, Kj

 

Full details as follow

 

Back in February 2019 I did receive and reply to a letter sent about this. 

I completed their Reply Form and asked for copies of documents, ticking Box I and provided a list. 

 

The reply I received from MC in March detailed what the debt was and advised that they had requested the documentation that I had asked for. 

They did not come back to me following this.

 

[dx100uk 9,430]

so they did send a letter of claim then.....

 

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 on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 so thethen using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT 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

..get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
y 

[kjw327 2]

Thanks DX.

 

I have completed the AOS and have the CCA and CPR 31:14 letters ready for the post office tomorrow. 

[kjw327 2]

Good evening, I am still yet to receive any reply from MC or the DCA.  I am working on submitting my defence prior to the cut off date which I believe to be 24 November 2020.  I have prepared a draft and would welcome guidance and feedback.  I was uncertain as to how to (or of I should) refer to the correspondence from 2019 between MC and myself, so made an attempt to capture this.  Draft as follows:

 

Particulars of Claim

 

1.By an agreement between Zopa & the Defendant on or around 24/09/2014 ("the Agreement") Zopa agreed to loan the Defendant monies.

 

2.The Defendant did not pay the instalments as they fell due.  The Agreement was terminated following the service of a default notice.

 

3.The Agreement was assigned to the Claimant.

 

THE CLAIMANT THEREFORE CLAIMS

 

1. 1275.00

 

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.

 

Paragraph 1 is noted. I have had in the past a contractual relationship with Zopa but cannot identify any account referred to by the claimant.

 

Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

 

Paragraph 3 is denied as I am unaware of any legal assignment.

 

On the 03/11/2020 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 77 request.  The claimant is yet to respond to this request.  Mortimer Clarke is yet to respond in relation to the CPR 31.14 request.  To date, 17/11/2020, no documentation has been received.

 

Historical correspondence from Mortimer Clarke, letter dated 07/03/2019, advised that Defendants previous request for a copy of the original Consumer Credit Act Agreement, Default Notice, Notices of Assignment and Account Statements had been forwarded to the Claimant.  No documentation was provided.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant entered into an agreement; and 

 

(b) show and evidence the nature of breach and service of a default notice pursuant to Section 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;

 

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

 

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.

 

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.

 

[Andyorch 10,460]

Quote

Historical correspondence from Mortimer Clarke, letter dated 07/03/2019, advised that Defendants previous request for a copy of the original Consumer Credit Act Agreement, Default Notice, Notices of Assignment and Account Statements had been forwarded to the Claimant.  No documentation was provided.

 

Claimant ...you mean defendant ?

[kjw327 2]

No, what I was referring to was Mortimer advising me that they had sent my request for the documents to Cabot.  

[Andyorch 10,460]

 

 

Also ...

 

Quote

Back in February 2019 I did receive and reply to a letter sent about this. 

I completed their Reply Form and asked for copies of documents, ticking Box I and provided a list. 

 

The reply I received from MC in March detailed what the debt was and advised that they had requested the documentation that I had asked for. 

They did not come back to me following this.

 

 

So you completed the PAP pack Feb 2019..returned it and never got a response ?

[kjw327 2]

Yes, they sent what I believe to be a PAP.  I completed their form asking for the documents and (unfortunately) signed and returned it.  Mortimer Clarke wrote to advise me what the debt was and that my request for documents had been sent on to Cabot, this letter was dated 07/03/19.  The next correspondence I had was this Claim Form dated 22/10/20.

Edited November 18, 2020 by kjw327
Typo

[dx100uk 9,430]

so probably hoping you'd moved and get a backdoor by leaving it +18mts when in all truth they most probably don't have any paperwork

rather an abuse of the pre action protocol if you ask me , which i'm sure andy will pick up on by a suitable smart legal line in your defence...

[dx100uk 9,430]

probably still smarting trying to get one over on you after your stayed 2*cat claimform from last year..

[Andyorch 10,460]

Okay well thats an important point that you have not really conveyed clearly in the above.The rest of the defence reads fine so I will  draft you a paragraph in the morning then your good to go.....getting a bit late now.

[kjw327 2]

That’s great Andy, thank you for taking the time to examine things tonight.

 

DX, I was so lucky really.  I have moved and had not updated my address with them (or any others).  Grateful for mail redirection.  I must also now act quickly to update my address where needed with others.  Valuable lesson.

[dx100uk 9,430]

don't forget V5C and driving licences!!

[Andyorch 10,460]

The Pre Action Protocol pack received last year and their response of 7th March 2019......did either refer to an agreement number ?

Is there no agreement number referred to in its particulars at all ?

[kjw327 2]

The PAP pack did have a reference number, the return letter dated 7/3/19 has the same reference number and also includes an agreement number in the text of the letter.  There is no agreement or reference number in POC.

[Andyorch 10,460]

Particulars of Claim

 

1.By an agreement between Zopa & the Defendant on or around 24/09/2014 ("the Agreement") Zopa agreed to loan the Defendant monies.

 

2.The Defendant did not pay the instalments as they fell due.  The Agreement was terminated following the service of a default notice.

 

3.The Agreement was assigned to the Claimant.

 

THE CLAIMANT THEREFORE CLAIMS

 

1. 1275.00

 

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.

 

1. 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.

2.Paragraph 1 is noted. I have had in the past a contractual relationship with Zopa.The claimant has failed to state any agreement/account reference number within its particulars therefore I am unable to admit or deny the alleged debt claimed.

 

3.Paragraph 2 is noted but not admitted.The claimant has failed to state the actual agreement/account reference number.

 

4.Paragraph 3 is denied as I am unaware of any legal assignment.

 

5.On receipt of this claim on the 03/11/2020 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 77 request.  The claimant is yet to respond to this request.  Mortimer Clarke is yet to respond in relation to the CPR 31.14 request.  To date, 18/11/2020, no documentation has been received.The claimant remains in default of my section 77 request.

 

6.Furthermore historical correspondence received from Mortimer Clarke a Pre Action Protocol form dated Feb 2019 which I duly completed and returned to the Solicitor. A response was received dated 07/03/2019, advising that my request for a copy of the original Consumer Credit Act Agreement, Default Notice, Notices of Assignment and Account Statements had been forwarded to the Claimant.  No documentation was  ever provided and they remain in default of the Pre Action Protocol.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant entered into an agreement; and 

 

(b) show and evidence the nature of breach and service of a default notice pursuant to Section 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;

 

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

 

8.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.

 

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.

 

[kjw327 2]

Andy, thanks for taking the time to incorporate the specific details of discussion into this defence.

 

I have a couple of points/questions to raise, for which I apologise that I had not been totally clear about. 

 

The first is in relation to Para 1 and the failure to serve a letter of claim.  I had not notified of my change of address and relied upon the royal mail redirection, which obviously provided me with the Claim Form.  Could they argue that they sent and it was my fault for not updating them?  

 

The second is in relation to Para 6.  My reply in 2019 to the PAP was outside of the initial 30 days that they asked for.   Once this time had elapsed they sent a further letter with an additional 21 days to respond.  It was within this period that I provided the completed forms via recorded delivery.  This generated their letter to me dated 7 March 19.  

 

If the address change isn't an issue then Para 1 remains as is.  I can tweak Para 6 to just say that it was returned to the Solicitor.   Is this right or leave as is? 

[Andyorch 10,460]

They could.....but you have redirect in place and you have got the claim form...and I assume you have since updated them with your current address ?

 

Re your response to PAP simply remove the returned within the prescribed time from the defence..you did respond ..they failed.

[kjw327 2]

Yes, I have advised of the address change.  I did so with the CCA and CPR requests.  I will amend Para 6 to reflect your guidance.  Thank you very much. 

[Andyorch 10,460]

Also with the Court....if not already.

[kjw327 2]

Update - I wanted to submit my defence during court opening hours and was unable to do so yesterday.  I have logged in to MCOL this afternoon to do this but I couldn't see how.  Then on closer examination of the Claim History it reads like this:

 

• Your acknowledgment of service was submitted on 02/11/2020 at 20:37:01

• Your acknowledgment of service was received on 03/11/2020 at 08:05:28

• Notification that the claim against you was discontinued was received on 18/11/2020 at 19:09:02

Is that it?  Have they just given up straight away?
 

[Andyorch 10,460]

Yes they have...so dont bother with the defence. You should receive notification form the claimant by way of a Notice  of Discontinuance (N279)

 

Topic title updated.

 

Andy

[dx100uk 9,430]

Yea you won!!

 

 

[kjw327 2]

Thanks for clarifying.  I can't quite believe that they gave up at this stage, but as DX suggested earlier, perhaps they were purely trying their luck.  I will keep an eye out for the N279.  Also made a small donation to the cause.

[kjw327 2]

Update - still no sign of the N279.

 

Today received the attached letter from MC in reply to my CPR letter.  They advise they have requested that the court stop the claim due to an administrative error. 

 

Further informs that they are providing a copy of the:

 

Original Agreement, Notice of Arrear, Default Notice, Statement of Account.

 

What is provided is:

 

A 6 page document titled 'Zopa Loan Contract Summary, including Loan Conditions', Notice of Arrears, Demand for Payment of the outstanding balance, List of Payments made to the account, Income & Expenditure Form.

 

There is no Default Notice - the Demand for Payment refers to a Default Notice in the text but it is not provided.

 

Issues that may or may not be relevant:

• No Default Notice
• Letter was sent to my old address (even though I updated address to them with CPR)
• Letter dated 13/11 arrived today 27/11 - they ask for reply within 14 days
• Balance includes Court & Costs (they said it was an error so should this be removed?)

 

Thoughts?  I can upload other documents received a little later if required. 

 

 

20201127-CPR Reply-CAG.pdf

Edited November 27, 2020 by kjw327