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Cabot/Mortimer claimform - Old Newday Aqua Credit Card Debt


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Thanks for the advice on previous post Andy. I will be adding details here soon. Any idea what I do first here would be good. 

 

Thanks

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Read the following link carefully...it explains the process your time line and how to register to use MCOL on line and what to send where and to who.

 

Then copy the Q,s with your responses and paste back here for further advice...then we have all the information in one post.

 

 

Regards

 

Andy

 

We could do with some help from you.

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And totally forgot Freeman of the Land twaddle!!

youll lose badly..

 

DX

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... 

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  • 2 weeks later...

Hi Andy

 

Bank holiday delayed my response a bit. I've done the AOS. questions answerd below:

 

Name of the Claimant ? Cabot Financial Via Mortimer Clarke

 

Date of issue –  13 May 2021

 

Particulars of Claim

 

What is the claim for – 

1.By an agreement between New Day Cards RE Aqua and the Defendant on or around September 2015, New Day agreed to issue the defendant with a credit card.

 

2.The defendant failed to make the minimum payments due. The agreement was terminated following the service of a default notice.

 

3.The agreement was assigned to the claimant.

 

4.The claimant therefore claims £800 plus costs.

 

What is the total value of the claim? £950
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No I don’t believe so
 

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? NA

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 ? After
 

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

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. Assigned and applied by Debt Collector
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes
 

Did you receive a Default Notice from the original creditor? Not that I remember
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Only from the original creditor in 2020
 

Why did you cease payments? CoVid
 

What was the date of your last payment? Dont Know exactly but it was back in 2020
 

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

 

Thanks 

 

CCA and CPR completed and sending today.

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Should I send it Royal Mail Signed For as opposed to Recorded delivery as RD doesnt track anyway ? They seem to change these delivery names so often

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Normal postage will suffice.....simply request a receipt of postage over the counter. 

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

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  • dx100uk changed the title to Cabot/Mortimer claimform - Old Newday Aqua Credit Card Debt

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... 

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thanks DX, some good info there for me to read.

 

These clowns at Cabot have just rang my employers and asked for me. Surely that cant be right?

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How did they get the details?

thats not allowed

 

 

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... 

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Employment details on the original application form to Aqua perhaps ?

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

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they should not knowingly be ringing a works number unless you gave permission for it.

however, it's not really that important.

 

just don't miss your defence filing dedline regardless

 

 

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... 

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The FCA who regulates all lenders and many debt collectors says (in CONC 7.9.7) :

 

When contacting a customer:

(1) a firm must ensure that it does not act in a way likely to be publicly embarrassing to the customer; and
(2) a firm must take reasonable steps to ensure that third parties do not become aware that the customer is being pursued in respect of a debt.

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

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My first stab at a defence....

 

Particulars of claim

 

1.By an agreement between New Day Cards RE Aqua and the Defendant on or around September 2015, New Day agreed to issue the defendant with a credit card.

 

2.The defendant failed to make the minimum payments due. The agreement was terminated following the service of a default notice.

 

3.The agreement was assigned to the claimant.

 

4.The claimant therefore claims £800 plus costs.

 

What is the total value of the claim? £950

 

Defence

 

1. The Defendant contends that the particulars of the claim are vague and generic in nature.  The Defendant accordingly sets out its case below and relies on CPR 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 01 October 2017.  It is respectfully requested that the court take this into consideration, pursuant to 7.1 PAPDC. 

 

3. Paragraph 1 is noted although the Defendant is unaware of what alleged agreement the Claimant refers to, having failed to adequately particularise its claim, the particulars of claim are vague and generic in nature.  The Defendant therefore sought clarification by way of a CPR 31.14 and section 78.

 

4.  Paragraph 2&3 are noted. The Claimant alleges the agreement was breached and terminated following the service of default notice to the Defendant. Without knowledge of what the  alleged agreement refers to I am unable to admit or deny.

 

5.  Paragraph  4. The claimant refers to the alleged debt as being Assigned. They do not plead a date or what pursuant Legislation they wish to rely upon. Therefore the Defendant is unaware of any legal assignment or Notice of Assignment from assignor or assignee pursuant to the Law of Property Act 1925 s136.  

  
6.  On receipt of this claim I requested by way of CPR 31.14 and a section 78  dated the 02nd June 2021 requests for copies of any documents referred to within the Claimants particulars to establish what the claim is for within the 14 day period by way of signed for letter.  The Claimant has yet to confirm they have the relevant documents at this stage and are therefore unable to enforce the agreement in court.


7.The defendant denies owing any monies to the Claimant and the Claimant is put to strict proof to: 

 

a) Evidence how the Defendant has entered into an agreement; and 

b) Show how the Defendant has reached the amount claimed; and 

c) Show and evidence the service of a Default Notice pursuant to sec 87(1) CCA1974,

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

 

8. As per Civil Procedure Rule 16.5(4), it is expected the Claimant prove the allegation 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 1925 and Section 82a of the Consumer Credit Agreement Act 1974. 

 

10. 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. 

 

any feedback would be great guys....

 

Thanks

 

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Had a reply on CPR from MC. basically, nothing to do with us Guv, Cabot are the ones responsible so we have asked them to provide. Currently on hold with no further action. No Response from Cabot. sent to the on 2nd June.

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  • 2 weeks later...

makes no odds they are not in default no.

 

you've filed your defence , you should have a letter from the court acking they have it?

 

 

 

 

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... 

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but being in default of a CCA 'request'... means nothing once a court claim has been issued. a claimant doesnt have to respond with any paperwork until the witness statement stage. but if they don't then, their claim is sunk.

 

so going by the letter from the court re your defence if you read it...cabot have 28 days to do 'something' else the claim gets autostayed.

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... 

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