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Cabot/Mortimer Claimform - old New day Aqua card debt


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Hi Everyone 

 

My brother has been sent a claim form from CABOT FINANCIAL LIMITED with the solicitors Mortimer Clarke Solicitor Ltd  for an old Aqua card from 2017. 
 

He has acknowledged the claim I’ll upload the form any help would be much appreciated. 

Edited by dx100uk
upload from hosting site removed we dont need it do the sticky

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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Topic moved to Financial Legal Issues Forum

 

Please read the following link and copy the Q,s and your responses back here for further advice.

 

Andy

 

 

 

.

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

 

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  • dx100uk changed the title to Cabot/Mortimer Claimform - old New day Aqua card debt

date file AOS - 7th dec

 

date to file defence - 21st dec

 

to help you for your sticky reply. in case you cant add up..:pound::yo:

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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Name of the Claimant ? Cabot Financial

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 19 Nov 2021

 

Date of issue 19/11/21 + 19 days ( 5 day for service + 14 days to acknowledge) = 07/12/21 + 14 days to submit defence = 21/12/21 (33 days in total)

  

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? By an agreement between New Day Ltd RE Aqua & the Defendant on or around 30/10/2017 (the Agreement') New Day Ltd RE Aqua agreed to issue the

Defendant with a credit card. The Defendant failed to make the minimum payment Is due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the Claimant.

THE CLAIMANT THEREFORE CLAIMS 1.1538.69 2. Costs 

 

What is the total value of the claim? £1,733.69

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No

 

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? No

 

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

 

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. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Can’t remember

 

Did you receive a Default Notice from the original creditor? Can’t remember

 

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? Couldn’t afford payments

 

What was the date of your last payment? Can’t remember

 

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? I told them I can’t afford it

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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  • 2 weeks later...

Hi would this be okay for the Defense?

 

1.By an agreement between New Day Ltd RE Aqua & the Defendant on or around 30/10/2017 (the Agreement') New Day Ltd RE Aqua agreed to issue the Defendant with a credit card.

 

2.The Defendant failed to make the minimum payment Is due. The Agreement was terminated following the service of a default notice.

 

3.The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1.1538.69 2. 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 denied. Whilst I have had dealings with Aqua Card in the past I cannot recall the specifics of the alleged agreement given that the claimant has failed to refer to an agreement account number.

 

4.Paragraph 2  is denied. I am not aware of service of a Default Notice by the original creditor the claimant refers to within its particulars of claim .

 

5. Paragraph 3 is denied .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.

 

6. It is denied that any amounts are due under any agreement.

 

7. On receipt of this claim I requested information pertaining to this claim from Mortimer Clarke Solicitors Ltd by way of a CPR 31:14 request sent via 1st class with proof of postage on 15/12/2021. Further to the above I sent Cabot Financial Limited a section 78 request via 1st class with proof of postage on 15/12/2021. To date, neither Mortimer Clarke Solicitors nor Cabot Financial are yet to furnish me with the requested information  and therefore remains in default of said request and unable to enforce the alleged agreement until such time it can comply.

 

8.Therefore with the court’s permission the Claimant is put to strict proof to:-

 

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

b) show and disclose how the Claimant has reached the amount claimed for;

c) show and evidence the nature of breach and 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;

 

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

 

10. 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 crediticon Act 1974.6.

 

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.

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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para 4 is not right refers to NOA not as their 2 a Termination letter.

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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Hi Dx100uk 

 

should I just change it to not being aware of any termination letter or should I keep the bit about default notice too as my brother can’t remember if he received one. 
 

also today is the 21st does that mean I need to file before 4pm or have I already missed it? 

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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it must inc DN and TN denial.

 

as far as i'm aware it's not yet 16:00hrs (4PM) today the 21st.

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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Share on other sites

Defence tweaked and checked in the above post......please check it further that it is accurate and your happy to submit.

 

Regards

 

Andy

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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If I change part 4 to this would the defense be ready to go? 


 

4.Paragraph 2  is denied. I am not aware of any termination letter or default notice the claimant refers to within its particulars of claim 

 

Thanks 

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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Already done for you....you don't get a separate termination notice...its part of the Default Notice.

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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