Jump to content


Cabot/mortimer Claimform - old newday Marbles Credit Card debt


Recommended Posts

I've updated the defence.

 

What do you think?

 

 

Particulars of 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.

And the Claimant claims
a) 2140.14
b) 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 1st March 2021 ( 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 1st March 2021 ( 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. 14CCA 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.

Link to post
Share on other sites

On 16/03/2021 at 22:26, dx100uk said:

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

sentence 7 is repeated

and thats a shop direct poc in red..

due monday by 4pm

 

 

 

 

you appear to have posted the same again re the above

 

dx

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

So like this?

 

 

Particulars of 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.

And the Claimant claims
a) 2140.14
b) 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 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 1st March 2021 ( 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 1st March 2021 ( 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. 14CCA 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;

  

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.

 

Link to post
Share on other sites

38 minutes ago, DontLetThemDoIt said:

Paragraph 1 is noted and it is accepted in so far that I have once had financial dealing with New Day Ltd

put the above back in!!  just NOT the RE:Marbles bit that you had..

 

16 minutes ago, DontLetThemDoIt said:

6. On the 1st March 2021 ( 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 

 

6. On the 1st March 2021 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CCA request. The Claimant replied dated 15/03/2021  "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". The Claimant to date has failed to further respond.

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thank you. 6. looks so much better.

 

How's this?

 

 

 

Particulars of 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.

And the Claimant claims
a) 2140.14
b) 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 Paragraph 1 is noted and it is accepted in so far that I have once had financial dealing with New Day Ltd RE Marbles.

 

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 1st March 2021 ( 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 1st March 2021 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CCA request. The Claimant replied dated 15/03/2021  "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". The Claimant to date has failed to further respond..

 

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. 14CCA 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;

(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;

  

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.

 

Link to post
Share on other sites

5TH TIME now stop putting RE:marbles in....:crazy:

use the below.

 

1 hour ago, DontLetThemDoIt said:

2. Paragraph 1 is noted and it is accepted in so far that I have once had financial dealing with New Day Ltd . I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and therefore sought clarity from the claimant by way of CPR 31.14. request for documentation and a section 78 CCA Request under the consumer credit act 1974

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Sorry, for some reason i thought you meant the sentence not just the words.

 

Particulars of 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.

And the Claimant claims
a) 2140.14
b) 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. 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

 

3. Paragraph 1 is noted  in so far that I have  in the past had financial dealing with New Day Ltd . I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and therefore sought clarity from the claimant by way of CPR 31.14. request for documentation and a section 78 CCA Request under the consumer credit act 1974.

 

4. Paragraph 2 and 3 are denied I do not recollect ever being served with a Default Notice pursuant to section 87(1) the consumer credit Act 1974 from the original creditor.

 

5. Paragraph 4 is denied. I do not recollect ever being served a Notice of Assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974.

 

6. On the 1st March 2021 ( 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.

 

7. On the 1st March 2021 ( sent by recorded delivery) I requested information pertaining to this claim by way of a section 78 CCA request. The Claimant replied dated 15/03/2021  "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". The Claimant to date has failed to further respond..

 

8. It is therefore denied with regards to the Defendant owing any monies to the Claimant at such time, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14CCA 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;

(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;

  

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

 

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.

 

Link to post
Share on other sites

at last we got there

 

let @andyorch check it over mind please

 

dx

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Responding to your PM

 

Defence above checked edited and renumbered.

 

Regards

 

Andy

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

its a game of chess as well as who blinks 1st 

the agreement..well it's not...

and they've yet to produce the rest of the requirements to be able to succeed, inc the default notice...which i doubt they ever will.

next move is not yours. they have 28 days to do 'something' else the claim gets autostayed.

 

plenty of cabot claimform threads here to read as to what might be next and what then you need to do at each stage should it progress

 

one of which is:

 

Cabot/Restons Claimform - old New day Marbles card - - Ap to lift stay/SJ - NO DN only dbase SShot ***Claim Disc'd SJ thrown out*** - Page 2 - Legal Successes - Consumer Action Group

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks 

 

Yes there seems to be a lot of cabot victims on here but they all seem to have had to attend a court hearing (including the thread you linked to).

 

I guess they always go that far in the hope their victim doesn't show up?

Link to post
Share on other sites

Or wets themselves and gives in to what to all intent and purpose is a speculative claim never expecting a defence....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I've just received this letter from Cobot:

 

 

Dear xxxxxxxxx
An update on your request

 
We're still processing your request, we have contacted the original lender for the relevant information. As we haven't yet been able to provide you with the information you have requested, your Credit Agreement is unenforceable until we are able to reply to your request. 
This means we are not permitted to obtain a County Court Judgement or a Warrant for Diligence against you in Court. 

 

 

What happens next?

 

Your balance is still outstanding, and while we cannot commence legal action against your account we are able to ask you to repay this amount, and you will still receive calls and letters asking you to pay. 
We need to talk to you about setting up a Personal Payment Plan which is affordable, we can help you find the right way to repay this account. 
This account could be affecting your credit file, which can affect your ability to get credit, obtain a mortgage or a lease, and take out a mobile phone contract. Making payments towards your account can have a positive effect on your credit file as it will show you are making regular payments.

Link to post
Share on other sites

std reply the CCA dept won't know there is an open claim.

but useful to you if it ever gets to the WS stage.

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

well that might well be true. but as said the CCA dept won't know there is an ongoing claim.

 

disclosure stage 

the exchange of witness statements ...if the claim ever gets that far.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I did have a feeling they could show up with some sort of agreement even though that department says they haven't got one "yet".

 

So i guess the cca department doesn't know there is already a claim, and the claims department go as far as a court hearing in the hope no one shows up to it.

Link to post
Share on other sites

It as all are from a dca a speculative claim hoping you wet yourself and cough up.

 

Get reading up

Use our search top right

Cabot claimform

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Just to keep the thread updated.

 

I received yesterday what looks ;like a standard response from the court saying that they have received my defence and a copy will be sent to the other party. 

Link to post
Share on other sites

And it also says...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Sorry i didn't think it would be relevant as its just a acknowledgement letter.

 

This is the full letter:

 

CASE NUMBER xxxxxxxxxxx

CABOT FINANCIAL (UK) LIMITED -v- xxxxxxxxxxxxxxxxxx xxxxxxxxxx

 

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

 

For Court Manager

Link to post
Share on other sites

  • 3 weeks later...

I received this letter from Mortimer Clarke today:

 

 

"We confirm we have received your defence. 


We have referred the content of your defence to our client for their comments, we will come back to you as soon as we have our client's instructions. 

 

This may take some time, especially if our client needs to go back to the original creditor for information and/or documentation to respond to your defence. In the meantime, the matter has  been placed on hold and no further action will be taken. 

 

Yours faithfully

Mortimer Clarke"

Link to post
Share on other sites

On 28/03/2021 at 22:41, DontLetThemDoIt said:

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...