Cabot/Mortimer Claimform - Old LLoyds Credit Card

[Pank]

Hello,

 

The credit card was according to the Court papers taken out 6/03/13.

The payments where not kept up and the debt was sold to Caboot.

Caboot have used Mortimer Solicitors in Scotland.

I have no memory of this card but it is possible that I had one.

 

Can someone tell me or confirm if my thinking is correct.

 

Caboot have to produce the credit agreement in court if I contest?

I am thinking of replying that I do not owe this dept. If I do, what would happen next?

Has anyone had any dealings with Caboot/ Mortimer Solicitors that could help me?

Are Caboot allowed to pursue me for this debt?

 

Any help would be great.

[dx100uk]

is this an N1 claim pack from northants bulk

or an SPC pack from a scottish court?

 

dx

 

[Pank]

Hello,

it is a N1 clim pack from Northants county court business Centre

 

cheers

[AndyOrch]

Please read the following link and then copy the Q,s and your responses back here for further advice.

 

 

 

Andy

[Pank]

Name of the Claimant ? Cabot Financial UK Limited, 1 Kings Hill Avenue, Kings Hill, West Malling, Kent

 

Date of issue – 03 February 2021

 

Particulars of Claim

 

What is the claim for –

 

1.By an agreement between LLoyds Banking group and the Defendant on or around 06/03/2013 ('the Agreement,) Lloyds banking group 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 the Claimant.

 

THE CLAIMANT THEREFORE CLAIMS

1.5945.76

2. Costs

 

What is the total value of the claim? 6455.76
 

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? no
 

Did you inform the claimant of your change of address? n/a

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 ? no
 

Do you recall how you entered into the agreement...On line /In branch/By post ? post
 

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. Debt purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? do not recall
 

Did you receive a Default Notice from the original creditor? not sure
 

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? cant remember
 

What was the date of your last payment? dont 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? yes
 

What you need to do now.

[dx100uk]

would you have paid this within the last 6yrs?

is this on your credit file?

[AndyOrch]

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? yes

[dx100uk]

opps

then the defaulted date and payment info will be there then...

 

can we have our Q&A answered with that info please then.. @Pank

[Pank]

This is what it says

 

Opened:

06 Mar 2013

Credit limit:

£0

Defaulted date:

03 Aug 2018

Last updated:

02 Feb 2020

 

Debt Assigned to CAIS Member

The lender has sold the debt to another member of our information-sharing scheme.

The old account will have been closed and a new active account will show in the name of the lender who has bought the debt Date Notified:01 Feb 2020

 

[dx100uk]

check in the calendar section when was your last payment?

doesn't look like it's SB'd

[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]

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

 

[Pank]

looks like last payment was 2018 January

[dx100uk]

Ok so as above then

[Pank]

Hi Guys,

I am writing my defence today. Does anyone have any good pointers?

I have not received any reply to any of my letters that I send recorded delivery.

I sent a CCA to the claimant and a cpr to the solicitor.

 has anyone written a good defence that worked for them?

Many Thanks

[AndyOrch]

100s here....find a similar and adapt and then post here for opinion.

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/

[Pank]

Would this be a suitable deffence? I have never filed one before. Thankfull for any pointers.

 

Thanks Everyone

 

 

Particulars of Claim

 

1.By an agreement between LLoyds Banking group and the Defendant on or around 06/03/2013 ('the Agreement,) Lloyds banking group agreed to issue the defendant with a credit card.

 

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

The agreement was assigned the Claimant.

 

THE CLAIMANT THEREFORE CLAIMS

1.5945.76

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. Paragraph 1 is accepted, I have in the past had agreements with Lloyds Banking Group credit card services.

 

2 Paragraph 2 is denied, I have no recollection of ever receiving a Notice of Assignment over 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 18th February 2021 I made a legal request by way of a CCA request to the Claimant. The Claimant has so far failed to respond. 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.

[dx100uk]

On 08/02/2021 at 13:37, Pank said:

1.By an agreement between LLoyds Banking group and the Defendant on or around 06/03/2013 ('the Agreement,) Lloyds banking group 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 the Claimant.

 

THE CLAIMANT THEREFORE CLAIMS

1.5945.76

2. Costs

 

align your responses to your poc above.

 

did you receive a letter of claim about a month before the claimform?

 

dx

 

[Pank]

Would this be a suitable defence? I have never filed one before. Thankful for any pointers.

 

Thanks Everyone

 

 

Particulars of Claim

 

1.By an agreement between LLoyds Banking group and the Defendant on or around 06/03/2013 ('the Agreement,) Lloyds banking group 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 the Claimant.

 

THE CLAIMANT THEREFORE CLAIMS

1.5945.76

2. Costs

THE CLAIMANT THEREFORE CLAIMS

1.5945.76

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. Paragraph 1 is accepted, I have in the past had agreements with Lloyds Banking Group credit card services.

 

2. Paragraph 2 is accepted, I have in the past had some payments that where delayed.

3. Paragraph 3 is denied, I have no recollection of ever receiving a Default Notice

4. Paragraph 4 is denied, I have no recollection of having received a Notice of Assignment over 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 18th February 2021 I made a legal request by way of a CCA request to the Claimant. The Claimant has so far failed to respond. 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.

I never received a letter of claim

[Pank]

sorry just added my answer to my last post

dx. I never received a letter of claim

 

 

[dx100uk]

16 minutes ago, dx100uk said:

did you receive a letter of claim about a month before the claimform?

 

ok thanks 

you need to add a paragraph  then

2 mins

 

[AndyOrch]

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.

 

[Pank]

Thank you all you lovely people. You are life savers 

[dx100uk]

i would p'haps remove your point 2 about admitting payments...immaterial IMHO.

[AndyOrch]

Dont just add the paragraph Ive posted and think its good to good...requires further amendments...defence not due until Fri 4.00pm

[Pank]

I have submitted my defence.

Thank you again.

I will keep you posted.