Cabot/mortimer Claimform - old newday Marbles Credit Card debt

[DontLetThemDoIt]

Hi guys

 

I received a county court claim form on Thursday dated 18/02/2021 saying that the claimant (CABOT FINANCIAL (UK) is claiming for the sum of £2140.14 on behalf of  NEW DAY LTD RE MARBLES. but it requests all documents to be sent to MORTIMER CLARKE SOLICITORS.

 

Now i think i did have a marbles card a while ago although my partner says that that was a capital one card.

 

But either way i don't like the idea of these parasites chasing me for money for a debt they probably bought for £10. 

 

From looking around here it seems that i should be sending them a CCA request and a CPR 31.14.

 

I've bought a £1 postal order.

 

Is there anything else i need to do?

 

Thanks for any help given

[dx100uk]

please complete this:

 

You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group

[DontLetThemDoIt]

Thanks for the reply

 

Name of the Claimant ? CABOT FINANCIAL (UK) LIMITED

 

Date of issue –  18/02/2021

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1.By an agreement between New Day Ltd RE Marbles & 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

1. 2140.14 

2. Costs

 

What is the total value of the claim? £2325.14
 

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

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 ? Not Sure but im going to look back on old emails. But I think it would have been around 2018.
 

Do you recall how you entered into the agreement...On line /In branch/By post ? If I did it would have been online

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No but there is a DCA on there that could be for this.

 

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 by the looks of it.
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I could have but I’ll need to look back.
 

Did you receive a Default Notice from the original creditor? Not sure but its possible.
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure but its possible.
 
 What was the date of your last payment? I 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? No.

[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]

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

 

[DontLetThemDoIt]

Thanks

 

Is there any good templates that can be modified for the defence?

[dx100uk]

woe SLOWDOWN>

 

your defence is weeks away. (day 33)

no there are no templates as each claim is unique.

however, if you use our search top right.

for say

claimform card

you'll see numerous versions people have adapted based upon our std holding/no paperwork defence , one of which, might well be suitable.

 

get CCA/CPR requests running monday

and get AOS done now on mcol, you've already lost 10 of your 19days to do AOS

 

then get reading up as i detailed above

the more you read here the stronger we become

 

dx

 

 

 

[DontLetThemDoIt]

Oh ok.

 

I thought I would need to write some sort of defence when I acknowledge the claim on the mcol website.

[dx100uk]

no go back and read my guide earlier CAREFULLY...

[DontLetThemDoIt]

I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.

 

Thanks for all your help  

 

(template removed - dx)

[dx100uk]

please just type

no need to keep hitting quote....

 

read what it says in red at the top of the CPR 31:14 template..carefully again..

i can see this thread continuing with these series of schoolboy errors and you screwing up if you dont learn to read and follow things carefully .

 

just send the CPR as is no need to worry about if or not something is applicable .

they rarely respond anyway which is why we say don't miss defence filing date whatever happens..

 

[DontLetThemDoIt]

Sorry I'm still trying to get to grips with everything  

 

Just filling in the address for the claimant on my CCA but they haven't put a postcode.

 

Should i be trying to find it out or use this in my defence ?

[dx100uk]

Cabot Financial (Europe) Limited is an Appointed Representative of Cabot Credit Management Group Limited which is authorised and regulated by the Financial Conduct Authority with firm reference number 677910.

Cabot Financial (Europe) Limited is registered in England and Wales with Company No. 3439445. Registered Office: 1 Kings Hill Avenue, Kings Hill, West Malling, Kent ME194UA.

Cabot Financial (Marlin) Limited is registered in England and Wales with Company No. 4618038. Registered Office: Marlin House, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP.

 

you'll get there , you aren't alone.

 

just take things carefully and methodically.

its not the scary situation you think it is...

[DontLetThemDoIt]

Thanks DX

 

I'm sure i will get my head around all this and forum etiquette.

 

 

 

I wonder if this is something that they are doing to miss guide me as so far I've spotted that they have missed off their postcode and the letter at the end of my door number.

[dx100uk]

every court claimed raised by a dca debt buyer is a speculative claim, they never hold any paperwork or bother to ever get anything right as 99.9% of people simply wet themselves and cough up thinking they are superhuman and oh so powerful.

 

truth is it's what we call a roboclaim never expecting it to ever be defended.

 

 

[DontLetThemDoIt]

I've been reading threads on here and its amazing the tactics some of these DCA's use.

 

I can understand why people don't want to pay them even if they do think they owe the original debt.

 

I've sent off the CCA and CPR requests yesterday recorded delivery so they should have them today.

 

 

Is there anything else I should be doing like trying to compile a defence (don't know where to start with that one)?

[dx100uk]

On 28/02/2021 at 01:22, dx100uk said:

woe SLOWDOWN>

 

your defence is weeks away. (day 33)

no there are no templates as each claim is unique.

however, if you use our search top right.

for say

claimform card

you'll see numerous versions people have adapted based upon our std holding/no paperwork defence , one of which, might well be suitable.

 

get CCA/CPR requests running monday

and get AOS done now on mcol, you've already lost 10 of your 19days to do AOS

 

then get reading up as i detailed above

the more you read here the stronger we become

 

dx

 

 

 

 

well done you are learning ....

 

the red bit above is your next bit..

[DontLetThemDoIt]

So really I should just sit tight for a while to make sure they don't produce any documents. Then base my defense on that ?

[DontLetThemDoIt]

I received this from Cabot today.

 

"We have received your request 
Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974. Unfortunately we currently do not have the relevant information on file, so we will be requesting a copy of the credit agreement and terms and conditions from your original lender, as well as a statement of your account. This may take some time, but we will write to you within the next 12 days with an update. 

For information on what to expect from making a CCA request there is further information available on the National Debtline website on their 'Credit agreements - getting information' factsheet.

 

Your account 
You still have an outstanding balance of £2325.14 and you currently do not have plan in place with us. We would like to discuss the available options with you and you an affordable solution for this account. 

This account may be on your credit file and could affect your ability to get credit, apply for a mortgage or a phone contract. Even if we are unable to supply your paperwork, this account will remain on your credit file for six years from the date the default was registered."

[dx100uk]

the CCA dept won't have a clue a claim has been issued

 

defence is due monday by 4pm.

 

pop up your ideas from your research here.

 

 

[DontLetThemDoIt]

Do you think his would be a good one to modify ?

 

 

Particulars of Claim

1) The Defendant entered into a consumer credit Act 1974 regulated agreement with Shop Direct under account reference +++++++++
(‘the Agreement’).

2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.

3) The Agreement was later assigned to Claimant on ++++++ and notice given to the Defendant.

4) Despite Repeated Requests for payment, the sum of £++++ remains due and outstanding.

And the Claimant claims
a) The said sum of ++++++++++
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.+++++, But limited to one year, Being ++++
c) Costs 

#####Defence######

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 no recollection of an agreement with Shop Direct and do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request under the consumer credit Act 1974
3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

4. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

5. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request. 

6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied. 
7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement and;
b) show how the Defendant has reached the amount claimed for and;
c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 of the Consumer Credit Act 1974
d) show how the Claimant has the legal right, either under statute or equity to issue a claim

8. As per Civil Procedureicon 16.5 it is expected that the claimants prove the allegation that the money is owed

9. 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

10. 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.

I would like to take this opportunity to remind the claimant of their obligations under sections 77 and 78 of the Consumer Credit Act 1994. On the +++++++ you received a letter from me requesting true signed copies of the alleged agreement. To date you have failed to comply with my statutory request and, as of ++++, have defaulted in respect to the above account.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

You have already exceeded the 12 days permitted by the CCA, and are now in default. 

A credit agreement that is not properly documented is unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued. 

Please note that any legal action you may contemplate will be both vigorously defended and contested.

[DontLetThemDoIt]

or maybe this would be a better one to modify?

 

Particulars of Claim

1) The Defendant entered into a consumer credit Act 1974 regulated agreement with Shop Direct under account reference +++++++++
(‘the Agreement’).

2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.

3) The Agreement was later assigned to Claimant on ++++++ and notice given to the Defendant.

4) Despite Repeated Requests for payment, the sum of £++++ remains due and outstanding.

And the Claimant claims
a) The said sum of ++++++++++
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.+++++, But limited to one year, Being ++++
c) Costs 

 

Defence 

 

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 and it is accepted in so far that I have once held an account with New Day Ltd RE Marbles . I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14./CCA Request

 

3. Paragraph 2 is noted, the claimant is put to strict proof to evidence any breach in the agreement and evidence any Intention to file a Default.

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment.

 

5. On the 27th July  2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR request.

 

6. On the 27th July  2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CCA request. The claimant has failed to date to respond to the CCA request.

 

7. 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 ; and

(b) show and evidence the nature of the breach and service of a valid default notice;

© 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. 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 / CCA Request

 

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

 

9. 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. 

 

10. 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]

you are doing really well ....excellent research. 10/10

 

bit busy for now, but there are a few bits that need slight adjustment 

i'e..

22 hours ago, DontLetThemDoIt said:

in so far that I have once held an account with New Day Ltd RE Marbles .

had financial dealing with Newday .......

 

22 hours ago, DontLetThemDoIt said:

given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details 

 

i would remove

 

22 hours ago, DontLetThemDoIt said:

3. Paragraph 2 is noted, the claimant is put to strict proof to evidence any breach in the agreement and evidence any Intention to file a Default.

a debt buyer cannot file a default..

 

use 

 

On 15/03/2021 at 21:58, DontLetThemDoIt said:

3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

add...from the original creditor 

 

22 hours ago, DontLetThemDoIt said:

5. On the 27th July  2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR request.

 

the claimants solicitor

 

22 hours ago, DontLetThemDoIt said:

7. 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:

by cpr 31:14 & CCA request 

 

 

 

[DontLetThemDoIt]

Thank you soooo much DX.

 

So you mean something like this?

 

 

Particulars of Claim

1) The Defendant entered into a consumer credit Act 1974 regulated agreement with Shop Direct under account reference +++++++++
(‘the Agreement’).

2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.

3) The Agreement was later assigned to Claimant on ++++++ and notice given to the Defendant.

4) Despite Repeated Requests for payment, the sum of £++++ remains due and outstanding.

And the Claimant claims
a) The said sum of ++++++++++
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.+++++, But limited to one year, Being ++++
c) Costs 

 

Defence 

 

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 and it is accepted in so far that I have once had financial dealing with New Day Ltd RE Marbles . I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant as they do not appear to be able to disclose any further details by way of CPR 31.14./CCA Request.

 

3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974 from the original creditor.

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment.

 

5. On the 27th July  2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimants solicitor has failed to date to respond to the CPR request.

 

6. On the 27th July  2020 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CCA request. The claimant has failed to date to respond to the CCA request.

 

7. 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 & CCA request  therefore the Claimant is put to strict proof to:

 

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

(b) show and evidence the nature of the breach and service of a valid default notice;

© 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. 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 / CCA Request

 

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

 

9. 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. 

 

10. 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]

i would drop marbles...bit. no good being vague if you admit you have a marbles card

 

sentence 7 is repeated

 

and thats a shop direct poc in red..

 

looks ok

 

let andyorch check things 1st

 

due monday by 4pm

 

 

 

[DontLetThemDoIt]

Thanks again

 

 

I first posted it up to see if it was a good defence for me to modify but  I'm going to modify it to cater to myself more tomorrow.