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

[KP44UK]

Thanks DX,

Please see my defence attached. This has been adapted from something posted by your good-self. Can please draw you to 7a and whether that wording would be appropriate decorum. I called MCOL and they said I could email the defence as their side if glitchy. the has also sent me an email with the email address I can use.

 

1. The Defendant contends that the particulars of the claim as being vague and of a speculative generic 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. The defendant does not recognise this specific Agreement  “The Agreement” . The defendant has requested for a copy of the agreement which the claimant has failed to provide “The agreement” as stipulated by the consumer credit Act. The defendant has therefore requested clarification by way of CPR31.14 and section 78 request.

3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the Consumer Credit Act 1974. The defendant has therefore requested clarification by way of CPR31.14

4. Paragraph 3 is denied. I am unaware of any 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 to the claimant, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request.

6. A further request made via CPR31.14 to the claimants solicitor, requesting disclosure of documents in their particulars on which the Claimant is basing their claim. The claimant has not complied as nothing has been received.

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. This has to be the agreement as stipulated by the consumer credit act and not an application/declaration or a cutout from an institutions website 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 CCA1974

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

8. As per Civil Procedure 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.

[dx100uk]

dont recognise that as one of our recent ones unless its very old it doesnt seem to flow right .also 7 b should read claimant.

 

[KP44UK]

Thanks DX I will revise it and make it more concise mirroring the particulars.

[KP44UK]

Just an update please see my revised defence below. I received a letter from MCS confirming they are looking into my document request and said it may take time as their client may well need to contact the original creditor etc.

My defence deadline is on the 16th January I plan on filing the defence on Friday 12th January via the CCBC email as I can't seem to access the MCOL website.

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

Defence

1. The Defendant contends that the particulars of the claim as being vague and of a speculative generic 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. The defendant does not recognise this specific Agreement  “The Agreement” . The defendant has requested for a copy of the agreement which the claimant has failed to provide “The agreement” as stipulated by the consumer credit Act. The defendant has therefore requested clarification by way of CPR31.14 and section 78 request.

3. Paragraph 2 is denied. The defendant does not recall receiving a default notice. The Claimant is put to strict proof that a default notice was issued and received by the Defendant from the Original Creditor pursuant to s.87(1) CCA.

4. Paragraph 3 is denied. The defendant is unaware of any 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 to the claimant, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request.

6. A further request made via CPR31.14 to the claimants solicitor, requesting disclosure of documents in their particulars on which the Claimant is basing their claim. The claimant has not complied as nothing has been received.

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. This has to be the agreement as stipulated by the consumer credit act and not an application/declaration or a cutout from a website and;

b) show how the clamant 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 87 CCA1974

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

8. As per Civil Procedure 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.

[KP44UK]

Just a last update before I file the defence.

MCOL say I can file a defence to their email to which I will get a reply and use it as a record of receipt. However I know one of the CAG pointers is never use email which I've understood to only apply to DCAs and their solicitors etc.

Would it be wise to email the County Court Business Centre .

NB: On the defence posted above,  I have amended my typo on 7b to correctly read claimant.

[dx100uk]

On 09/01/2024 at 22:18, KP44UK said:

This has to be the agreement as stipulated by the consumer credit act and not an application/declaration or a cutout from a website and;

i would p'haps remove this and not tip them off early?

if you need to file today to [email protected] for defence.
ensure you quote “Claim number xxx xxx (type of response i'e AOS , Defence,)” in the subject field. 

looks ok but let @Andyorch check please if he's around 

[AndyOrch]

5 hours ago, KP44UK said:

Would it be wise to email the County Court Business Centre .

Given you cannot submit it on line it would be very wise otherwise you will miss the deadline and the claimant will get Default Judgment

Few edits' made on the defence above .....good to now submit.

 

Andy

[KP44UK]

Much appreciated

. I will amend and send it off now.

[KP44UK]

Just and update one the defence submission.

The CNBC Court has sent a letter confirming receipt of the defence and said the claimant has 28 days to contact the court and advise on how they wish to proceed.

They also said Cabot may try to contact me directly to resolve the dispute.

I guess I'll do some research on here about next steps until I hear back.

The letter was dated 24th Jan.

[dx100uk]

you dont ever start silly letter tennis with the claimant. 

just watch for IF the court state DQ N180's have been sent out, if you ever got MCOL working again?
 

i wouldnt start cheering its autostayed and poss dead in the water until at least 10weeks. 

 

[KP44UK]

Noted... thanks DX!

[dx100uk]

is mcol working now then? how do you know?

dx

[AndyOrch]

On 28/01/2024 at 21:08, KP44UK said:

The CNBC Court has sent a letter confirming receipt of the defence

 

[KP44UK]

I had a letter come through the post headed "HM Courts and Tribunals" I'll take a photo and post on here.

I think it may be because I did the AOS online and the defence by email. 

See the acknowledgment letter attached

Acknowledgement.pdf

[dx100uk]

std letter everyone gets at this stage

[KP44UK]

Hi all just an update to say the auto-stay deadline passed 3 weeks ago and still no reply from Mortimer and Co.

It's taking them a while to find all the info.

I'm still doing a bit of research of next steps if they meet all the CPR 31 and CCA requirements.

[KP44UK]

Final update until, Mortimer and Cabot reopen case.

I called the Northampton County Court Business Centre and they have confirmed the case has been stayed as they have not heard back from the claimant.

I know this may be reopened but I could not have stood up to these DCA's and their friends without the help of this community especially DX, Andyorch and Stigman.

I hope this thread helps some else and if you can buy the guys I've mentioned a coffee on the donate link on the site.