Cabot Financial /Mortimer Clarke claim form - Sainsbury's personal loan

[Boro]

Name of the Claimant ? Cabot financial

 

Date of issue 20/08/2021

 

Date to acknowledge 07/09/2021

 

Date to submit defence 21/09/2021

 

Particulars of Claim

 

1.By an agreement between Sainsburys & the Defendant on or around 21/06/2016 ('the agreement') Sainsburys agreed to loan the Defendant monies, The defendant did not pay the instalments as they fell due.

 

2.The agreement was terminated following the service of a default notice.

 

3.The agreement was assigned to the Claimant.

 

The Claimant therefore claims

1. 8713 2.

Costs

 

What is the total value of the claim? 9268

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I received a letter threatening court action then a letter before action but I did not receive everything listed under the protocol

 

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? Loan

 

When did you enter into the original agreement before or after April 2007 ? 2016

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Applied online, exchanged forms by post

 

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. 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? Yes although the date of default showing on my credit report is the following year

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No

 

Why did you cease payments? Could no longer afford to keep up with repayments of my debts

 

What was the date of your last payment? June 2018

 

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

 

 

Do I send the CCA & CPR request to mortimer clarke? Can I send them both in the same envelope to save on costs

 

In the event that they do manage to obtain a ccj against me what happens when I cant pay, I ask as I am broke and have no disposable income, my income from self employment was already low but with covid my income this past year is down 70%, I am living with and supported by my parents (pensioners), I own nothing of value

Edited August 26, 2021 by dx100uk
formatting

[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]

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

 

[Boro]

Thanks DX, I am a little confused about dates, does the defence have to be in within 14 days of submitting the acknowledgement of service or by day 33 of the date on the claim form? thanks

[dx100uk]

your post 1 is correct as you followed our guide.

 

have you done post 2?

 

 

[Boro]

I submitted the acknowledgement of service last week, I am just confused as to when I need to have the defence in

[AndyOrch]

claim issue date 20th Aug

 

AOS 7th Sept (today)

Defence due 21st Sept (Tues)

[Boro]

Thanks Andy I was worried that by submitting the AOS early I would bring forward the date the defence was due, with the cca request should I be quoting the court claim number as the account / reference number?

[AndyOrch]

Agreement number

[Boro]

OK I will look and see if I can find it, with the CPR request as it is a personal loan should I also be requesting a termination notice?

 

Thanks

[AndyOrch]

In reality it should be in the particulars of claim...but I noticed there is no reference at all....that will be fun to address within your defence.

With regards to a Termination Notice yes you should request it given this is a fixed loan.

[Boro]

Thanks

[Boro]

Can anyone help me put together a defence?

 

Thanks

[dx100uk]

teill be something like:

 

also use our enhanced google search box

 

claimform loan

 

have a go.

 

and we'll fine tune.

 

 

 

[Boro]

Thanks DX that looks perfect, here is what I have so far, I'm not sure about the first point which I have highlighted, while I did receive something from them it certainly did not fulfil all the requirements, do I need to give dates in point 5? if I do should the first date be the date I received the claim or the date I sent off the CPR & CCA requests?

 

1.By an agreement between Sainsburys & the Defendant on or around 21/06/2016 ('the agreement') Sainsburys agreed to loan the Defendant monies, The defendant did not pay the instalments as they fell due.

 

2.The agreement was terminated following the service of a default notice.

 

3.The agreement was assigned to the Claimant.

 

The Claimant therefore claims

1. 8713 2.

Costs

Defence

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.

 

1. 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.

2.Paragraph 1 is noted. I have had in the past a contractual relationship with Sainsbury's Bank.The claimant has failed to state any agreement/account reference number within its particulars therefore I am unable to admit or deny the alleged debt claimed.

3.Paragraph 2 is noted but not admitted. The claimant has failed to state the actual agreement/account reference number.

 

4.Paragraph 3 is denied as I am unaware of any legal assignment.

 

5.On receipt of this claim on the ??/08/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 77 request. The claimant is yet to respond to this request. Mortimer Clarke is yet to respond in relation to the CPR 31.14 request. To date, 21/09/2021, no documentation has been received. The claimant remains in default of my section 77 request.

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

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

(b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974

(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;

 

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

8.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.

9.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.

Edited September 20, 2021 by dx100uk
formatting added poc for ref only

[dx100uk]

looks ok to me

due by 4pm  tomorrow via MCOL website

 

i'm sure @Andyorch will pop in to check it

 

dx

 

[AndyOrch]

. Leave your point 1 as is re PAP.

 

 

 

 

 

.

[Boro]

What about point 5? does it need dates in which case what should the first date be, I presume I also need to adjust the numbers for 7, 8 & 9 as there is no 6

 

Thanks

[dx100uk]

On 07/09/2021 at 13:58, Andyorch said:

claim issue date 20th Aug

 

 

[AndyOrch]

27 minutes ago, Boro said:

What about point 5? does it need dates in which case what should the first date be, I presume I also need to adjust the numbers for 7, 8 & 9 as there is no 6

 

Thanks

Well yes I thought that would be obvious 

[Boro]

Thanks, before I submit it could someone please check that this looks right and that I haven't missed anything

 

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.

 

1. 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.

2. Paragraph 1 is noted. I have had in the past a contractual relationship with Sainsbury's Bank.The claimant has failed to state any agreement/account reference number within its particulars therefore I am unable to admit or deny the alleged debt claimed.

 

3. Paragraph 2 is noted but not admitted.The claimant has failed to state the actual agreement/account reference number.

 

4. Paragraph 3 is denied as I am unaware of any legal assignment.

 

5. On receipt of this claim on the 20/08/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 77 request. The claimant is yet to respond to this request. Mortimer Clarke is yet to respond in relation to the CPR 31.14 request. To date, 20/09/2021, no documentation has been received.The claimant remains in default of my section 77 request.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

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

 

(b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974

 

(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;

 

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

 

7. 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.

 

8. 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.

 

Edited September 20, 2021 by Boro

[dx100uk]

pers i'd fluff 4 out

 

Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or the  [Original Creditor]

[Boro]

Like this? you said paragraph 2 but it should be 3 right?

 

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.

 

1. 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.

2. Paragraph 1 is noted. I have had in the past a contractual relationship with Sainsbury's Bank.The claimant has failed to state any agreement/account reference number within its particulars therefore I am unable to admit or deny the alleged debt claimed.

 

3. Paragraph 2 is noted but not admitted.The claimant has failed to state the actual agreement/account reference number.

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Sainsbury's bank.

 

5. On receipt of this claim on the 20/08/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 77 request. The claimant is yet to respond to this request. Mortimer Clarke is yet to respond in relation to the CPR 31.14 request. To date, 20/09/2021, no documentation has been received.The claimant remains in default of my section 77 request.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

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

 

(b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974

 

(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;

 

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

 

7. 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.

 

8. 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]

looks fine.

[Boro]

Thanks, just realised that paragraph 2 repeats paragraph 1, should I remove paragraph 2?

[dx100uk]

opps.. That should be addressing the default notice line in their c

Adapt it