Cabot/Mortimer PAPLOC Now Claimform - old HSBC Loan - 6yr+ Default.

[KP44UK]

Thanks for reply DX,

no didn't hand write or sign anywhere, everything on the CCA request and PAP reply was typed. I had Royal Mail make the Postal Order out to Cabot Financial as I had done couple of years ago.

After they tried to concoct a CCA I've been staying away from writing anywhere. They sent the PO back I will post attach it on here when I get home.

Edited May 25, 2023 by KP44UK

[dx100uk]

the guide says leave the PO  BLANK.

cash it and send a blank one with a new CCa .

 

dx

 

 

[KP44UK]

Ahh got it. I will send one out first thing tomorrow.

Mortimer want it sent to them, however I believe the guidance says send to the DCA not the Solicitor (I appreciate they are the same company). should I ignore them.

With regards to the 30 day to reply to PAP. where do I stand is it just a case of waiting to see where they go next.

[dx100uk]

they are not the same company

one are a solicitor , the other a DCA.

they are both part of Cabot Credit Management Group Limited

CCA request goes to the debt OWNER cabot.

as for pap and anything now to do with this debt going fwd.....

yours is not the next move.

 

[KP44UK]

Thank you DX !

[KP44UK]

Just an update. Please see attached.

Mortimer Clarke have not come back with anything but my phone has been ringing at least 3 times every single day to no avail.

Cabot have written back after CCA request saying I have not specified what's wrong with what the sent and they have the right to enforce the debt and they can obtain a CCJ bla bla but they would rather to speak to me etc.

see attached letter extracts.

The also sent the same pack as before which they claim is the CCA but that was already called out on this forum to be an Application/declaration.

cabot .pdf

[dx100uk]

On 25/05/2023 at 17:54, dx100uk said:

yours is not the next move.

 

[KP44UK]

I'm changing address in a week and a half.

How do I protect myself against a backdoor CCJ.

Cabot and Mort Clark have been very quiet so far, no news from them at all since telling them their documents did not pass the test.

Do I need to get a certified copy address change letter.

[dx100uk]

no you simply send anyone that owns a debt you last paid/used in the last say 7yrs a simple letter stating re debt your ref no. xxxx

original creditor xxxx ref number xxxx

please note my new address.

dont forget to inform DVLA too!

each licence holder must do it

and you must do EACH cars v5c.

all should be done separately 

[KP44UK]

Just a further update. Mortimer Clarke have been in touch and their words have been quote: 

"We enclose an income and expenditure form for you to complete in order for our client to assess offer of repayment. Should we receive  no response it is our instruction to issue a County Court Claim."  

I have just sent back a notification of address change.

My thought is the as advised on hear earlier, the next move is not mine.

[dx100uk]

yep your financial situation is none of their business.

only a judge can demand to see that .

 

[BankFodder]

Open

[KP44UK]

A further development in this case

Mortimer Clarke has now gone to court and I have received a claim form from Civil National Business Centre.

There are a number of options listed on there and I just wondered how to proceed with this form and what to reply to the court.

[lolerz]

Fill this out and people should be along to help soon

[dx100uk]

thread title updated

moved to legals

get that sticky done

last post by @lolerz

[KP44UK]

Which Court have you received the claim from ? Civil national Business Centre - County Court Northampton

Name of the Claimant ?  Cabot Financial

How many defendant's  joint or self ? Myself

Date of issue – 14th December 2023

do AOS on line by 1st jan

file defence online by 4pm 16th jan (you get ONE extra day due to xmas hol ) (edits by DX)

Particulars of Claim

What is the claim for –

1. By an agreement between HSBC Bank plc and the defendant on or around 04.10.2013 ("the agreement") HSBC Bank Plc agreed to loan the defendant monies.

2. The defendant did not pay the instalments that fell due. The Agreement was terminated following the service of a default notice.

3. The agreement was assigned to the named Claimant.

4. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its appointed Representative (Cabot Financial (Europe) Limited), has arranged for those proceedings to be issued in the name of the claimant.

4. THE NAMED CLAIMANT THEREFORE CLAIMS 1.XXXXX 2. Costs £205 and £80

What is the total value of the claim? just under 5k

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

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?  Yes

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Unsecured loan
 

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

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

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Has disappeared from credit file
 

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.  DCA

Were you aware the account had been assigned – did you receive a Notice of Assignment? Received some comms from Cabot

Did you receive a Default Notice from the original creditor? I cannot recall but saw it on Experian before it later got removed

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Was given one by DCA posted on here earlier

Why did you cease payments? Could not cope

What was the date of your last payment? cannot recall 

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? Was in university so may have done at the time

 

POC.pdf

[dx100uk]

can you please clarify the date of issue top right on the claimform

[AndyOrch]

1 hour ago, KP44UK said:

Date of issue – 14th December 2023

I would AOS by Friday 29th 16.00 due to the holidays to be safe.

[dx100uk]

56 minutes ago, KP44UK said:

AOS DATE : so 19th including the 5 days.

is confusing me they have it right..

[KP44UK]

The date is 14.12.2023, I only received the claim yesterday. they always seem to back date their letters.

The date on the letter is 14 Dec 2023 so I added 5 to calculate the service date from which I believe I have 14 days to file a response.

I hope that's a bit clearer sorry.

Edited December 21, 2023 by KP44UK
clarification

[dx100uk]

ok thank you.

northants bulk is a court, they dont backdate anything. 5 days service (postage time to get to you) 

so get CCA/CPR done tomorrow

do AOS on line by 1st jan

file defence online by 4pm 16th jan (you get ONE extra day due to xmas hol )

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

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
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 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]
...
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.
.use our other CPR letter if the claim is for an OD or Telecom Debt or Util 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
.do not ever use or give an email
.
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]

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

 

 

[KP44UK]

Many thanks for the fantastic help as always.

I have sent the 31:14 to the Solicitors and also sent the CCA to Cabot, its the second CCA this year so I added a note saying what they've provided before does not meet the provisions of the Act.

I will also be setting up an account to respond to the court before Christmas. With regards a robust defence what should I say my defence is. As I'm required to lodge this presumably before I hear back on the cpr31:14 request and CCA.

[dx100uk]

now its time to get reading as many like threads here as possible.

use our enhanced google search box...

Claimform loan

twill be our std holding/no paperwork defence i expect.

post it up here 1st for checking.

dx

 

 

[KP44UK]

Ive gone onto the MCOL site to check for any updates and the site keeps telling me the claim number does not exist. Will I hear back about the 31:14 request from Mortimer or do I just go ahead and file a defence by post.

[dx100uk]

mcol wont hold any updates... have you not been reading up here as advised?

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]

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

mcol often has hissy fits try again tomorrow you've got till the 16th.

post your proposed defence up here well in time.

dx