Cabot/Mortimer Court Claim - old Aqua CC

[StressedAP]

Hi all.

I won’t waste your time with a long preamble. I spent many years dealing with a gambling addiction - ignored bills, countless letters, phone calls etc.

Anyway, I recently discovered I have a CCJ. That’s not good at all, I know. I’ve not been at my mum’s house (trying to protect her from COVID) and discovered the letter about that last month.

I’ve also had papers in relation to another claim for an old Aqua credit card, that were sent on the 29th Dec. I spoke to someone from Mortimer Clarke today about this claim. I’m keen to avoid another CCJ on my record. The debt is £2.7k. They are saying that if I can clear it in 3 months I won’t get this CCJ.

I’m really worried about the impact of these CCJs.

I know these consequences are a result of my actions (inactions?) but I just wanted to ask if there was anything else I could do to avoid this second CCJ other than sell a kidney? I live pay packet to pay packet, with no savings or assets.

Thank you

[AndyOrch]

Hi and Welcome to the Forum.

 

Lets deal with the new court claim first then we can advise on the old.

Please read the following link then copy the Q,s and post them back here with your responses.

 

 

 

Andy

[dx100uk]

and stop talking to fleecers on the phone!

 

never do that on any debt...they lie!

 

dx

[StressedAP]

Hi

 

As suggested, please find details below. Some answers are not in red unfortunately. My formatting skills are not the greatest.

 

Thank you in advance for your help and advice.

 

Name of the Claimant ? Cabot Financial

 

Date of issue –  29 December 2020

 

Particulars of Claim

 

What is the claim for –

 

1.By an agreement between New Day Ltd RE Aqua & the Defendant on or around 21/03/2014 (the Agreement) New Day 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 assigned to the Claimant. The Claimant therefore claims £2539.88 and costs.

 

What is the total value of the claim? £2740
 

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

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

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? Credit card
 

When did you enter into the original agreement before or after April 2007 ? After 2007
 

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 (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. Debt Purchaser (Cabot, through Mortimer Clarke)
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure, not via email, certainly.
 

Did you receive a Default Notice from the original creditor? Unsure - not via email, certainly. Although Particulars of Claim suggest I have.
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not via email, certainly.  
 

Why did you cease payments? I had a gambling addiction - I would blow all wages bar my rent in a day or two from payday. Hate myself for it.
 

What was the date of your last payment? Jan 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? Yes, I did communicate problems. They froze interest.

[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 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.
.
 then 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

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

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]

..............

 

[StressedAP]

Thank you for your advice. I’ll get onto that now.

 

Although, there’s a point I am not understanding, for which I apologise - you mention the filing of a defence...but I’m not aware of what defence I may have? I really hope I don’t come across as stupid for asking.

 

thank you

[dx100uk]

time to get reading up...

 

use our search top right

 

claimform card.

 

get upto speed but don't do anything more than above AOS etc with the claim..unless you check with us first.

[StressedAP]

Ok.

 

Letters prepared to be sent recorded tomorrow am.

 

Will revisit thread pending responses from those letters and any further advice.

 

Thank you so much for your help to date.

[dx100uk]

No you get reading up see my post

dont miss defence filing date no matter what

have you done AOS

[StressedAP]

AOS is done

 

will read up. 

[StressedAP]

Had a CCA return letter - we don’t have that information on file. We have contacted the credit card company to get copies of the original agreement and annual statements etc.

 

defence date is coming soon. 

[dx100uk]

std letter regardless to if or if not a court claim is underway the CCa dept won't know that

 

don't miss your defence filing date regardless

due this friday by 4pm

pop it up here 1st for checking

[StressedAP]

I’m going to write defence tonight. I just don’t know what I’m going to write. 

from what I can see I’m going to have to make an admission, aren’t I? And that will lead to a CCJ against me?

 

any help gratefully received.

[dx100uk]

no !!

there are 100's of like threads here upon what to file

std no paperwork/holding defence

use our search top right

 

claimform card

[StressedAP]

Morning dx,

 

Does this look ok?  Any advice gratefully received as always.

 

Particulars of Claim

 

1. By an agreement between New Day Ltd RE Aqua & the Defendant on or around 21/03/2014 (‘the Agreement’) New Day Ltd agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the Claimant. The Claimant therefore claims 1. 2539.88 2. costs

total 2724.88

 

 

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. Paragraph 1 is accepted, I have in the past had agreements with New Day Ltd RE Aqua for credit card services.

 

2 Paragraph 2 is denied, I have no recollection of ever receiving a Notice of Assignment over 4 years ago nor ever been approached with regards to any alleged debt. The claimant has failed to issue any Notice of Sums in Arrears or statements since the alleged assignment and is therefore prevented from seeking relief pursuant to the CCA2006 amendments.

 

Therefore the Claimant is put to strict proof to:

 

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

(b) show how the Defendant has reached the amount claimed for; and

(c) show evidence of service of Notice of Sums in Arrears

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

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

 

4. On the alternative, if 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. If I understand this correctly, then this stays in, as they are apparently the assignee according to the NoA.

 

5. On the 12th January 2021 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. I have also requested information pertaining to this claim by way of a CPR 31.14 request to clarify its claim - the Claimant has failed to respond.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[StressedAP]

I can see there’s a mistake relating to Paragraph 2 being mentioned - will fix.

[dx100uk]

nothing about the most important thing which is the default notice after the crap CCA.

NOSIA are not really that important..

 

dont like 1 or 2. eps stating you have had agreements...financial dealings would be better

 

 

 

[StressedAP]

So change agreements to financial dealings.

 

Mention no default notice received.

 

Remove NOSIA?

 

Thank you so much for your help and advice.

[dx100uk]

notice of sums in arrears

look at any lowell vanquis card claimform thread

defence of recent here 100's of them.

 

[StressedAP]

Does this look better?

 

thank you.

 

Particulars of Claim

 

1. By an agreement between New Day Ltd RE Aqua & the Defendant on or around 21/03/2014 (‘the Agreement’) New Day Ltd agreed to issue the Defendant with a credit card.

 

2.The Defendant failed to make the minimum payments 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. 2539.88 2. costs

total 2724.88

 

 

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. Paragraph 1 is noted. I have in the past had financial dealings with New Day Ltd. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

3. I can’t ever recall receiving any Default Notice, Notice of Assignment or ever having being approached pre litigation with regards this alleged debt.

 

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

 

(a) show how the Defendant has entered into an agreement with the Claimant; 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;

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request.

 

 

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

 

7. 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.

 

8. 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.

[dx100uk]

did you receive a pre action protocol letter of claim and a reply pack a few weeks previous to the claimform?

 

[StressedAP]

I don’t recall seeing one - but that’s not a stone cold guarantee one didn’t arrive.

[dx100uk]

Click letter of claim

Look at the pdf in post 2 

Should have got one of those

Cant see you ignoring that

 

Dx

[StressedAP]

I really don’t recall seeing one. My sister went through the house a while ago - I’d have hoped she wouldn’t have thrown any unopened mail away. This worries me. Am I up the creek?

[dx100uk]

No the other way

They should have sent one its the new rules and should be noted they didnt in a defence.