Cabot/Mortimer claimform 2019, autostayed - old New Day Aqua Debt - now docs + threatening to lift the stay - *** Claim Dismissed***

[Atoll]

Hi

Mortimer Clarke issued a claim in August 2019, I filed my defence within the timescale and I've heard nothing from either the Court, Cabot or Mortimer Clarke until now. 

 

Searching this site I now realise it must have been autostayed. 

 

Be grateful for some advice on what I should do now please.

 

 

2022-01-12 Mortimer docs + threat to lift Stay.pdf

[AndyOrch]

Topic moved to Financial Legal Issues Forum........in a word you don't do anything....a stayed claim is simply a speculative claim and until the claimant informs the court they wish to proceed by way of an application with a fee it stays dormant....

 

Andy

[Atoll]

Thank you ...OK, will hold my nerve

[dx100uk]

can you scan up what they have sent in full to one mass PDf please

be careful on redaction, you left agreement number showing which i've dealt with.

 

just redact anything like your name etc or any ref's no's

leave all dates and figures please in their return.

 

also include the defence you filed please so we have it on record.

did you send CCA and CPR requests at the time too?

 

dx

 

 

 

[AndyOrch]

Also please complete the following so we have all the history.

 

 

 

[Atoll]

Sorry, ... all in one doc now

Docs1.pdf Defence doc redact.pdf

[dx100uk]

default notice notification is useless

statement is useless, not from original creditor.

 

interesting they state earlier that it is a loan, but later related to a credit card!!

 

me thinks they haven't a clue what they are litigating over!!

claim in an earlier letter it was a loan, now say its a credit card

 

lots of things wrong, easily defended against if they try, 

only downside is i see an IP number

does that trace to your location at the time of take out?

 

can we have that sticky by andyorch done so we know the exact particulars of claim etc please...

[Atoll]

 

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 29/08/2013 ("the Agreement") New Day Ltd RE Aqua agreed to issue the Defendant with a credit card.  The Defendant failed to make the minimum payments due & the Agreement was terminated.  The Agreement was assigned to the Claimant.  The Claimant therefore claims:  8370  2. Costs  

 

 

What is the total value of the claim      8880.00 
 

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?   no
 

Did you inform the claimant of your change of address? n/a

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 ?     2013 
 

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...) ? not sure 
 

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             I think so 
 

Did you receive a Default Notice from the original creditor?  no 
 

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? cant remember
 

What was the date of your last payment?      not sure 
 

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

[Atoll]

Mortimer have filed an N244 to lift the stay for a summary judgement to be granted on the following grounds:

 

1. The Defendant has no real prospect of defending the claim

 

2. There is no compelling reason why the case should be disposed of at trial

 

I also received a notice of transfer of proceedings from County Court business centre in Northampton 

 

I will post docs up shortly.

 

I am now sick with worry as to what to do ... can't eat, can't sleep as they are also trying to get a charging order on my house. 

 

[dx100uk]

There are 100's of n244 threads here 

 

Not a big issue stop panicking!!

 

Get the docs up with no dn etc ain't going nowhere...no change

 

On 17/01/2022 at 14:47, dx100uk said:

 

lots of things wrong, easily defended against if they try, 

only downside is i see an IP number

does that trace to your location at the time of take out?

Please^^^^^

[Atoll]

No it doesn't 

[dx100uk]

no where near to where you lived at the time ?? urm...but it was your card of course...

[Atoll]

Yes it was  but IP no where near to where I lived at the time. 

Edited February 6, 2022 by Atoll

[dx100uk]

good. might be useful to use it to prove the docs could have been cut n paste. not actually from the OC>

and even if they were that is an application form, not a consumer credit agreement!! so meaningless totally ....you only ticked that to agree to their searches etc ...it clearly states that in the text above it.

 

can you get everything they sent with and the N244 up please.

[Atoll]

Thank you ... yes am just redacting and will then compress and upload ...

 

but already within their witness statement exhibit pack they have included papers which I never received

 

on one of their more recent letter which is a 'true copy' of what they've sent me it states they have given me 14 days to respond

 

yet on my original letter is states 7 days to respond - so they've blatantly changed it ... now makes me wonder what else they've ''cut n pasted'

Edited February 7, 2022 by dx100uk
Spacing

[AndyOrch]

Its 7 days to submit your response in this type of application...7 days pre hearing.

Andy

[Atoll]

 

 

 

 

 

N244 + exhibits .pdf

 

Now received confirmation of Hearing date, it's 8th March 2022 and will take place via MS Teams 

 

Many thanks

notice of Hearling Application 8th March.pdf

[dx100uk]

so still no Default notice then..just some page from some data base system with a page they claim shows that collltrs is a DN??

the online application form has an IP address the defendant does not recognise 

which comeback to LLoyds banking group !!

 

IP Address 141.92.129.41 | Geo IP Lookup

GEOIPLOOKUP.NET

---

Location: Thornton Heath, United Kingdom - 141.92.129.41 is an IP address allocated to Lloyds Banking Group PLC. Lookup more details.

 

whatever that has to do with Aqua?? or is the paperwork fake, ?? with the defendants typed details simply typed in to a copy and paste jobbie of what a newday agreement might look like? and NOT from aqua themselves that they claim they have waited for.

 

i also see the hidden threat of a charging order in their too.

 

 

 

 

 

[Atoll]

 

Hi, I've had a go at a first draft of my WS, would be grateful for someone to review and tweak please.  I'm not sure whether to leave point 6 in, I'm not disputing the debt just Cabots entitlement to enforce it.

 

Also I'm not sure what to write re charging order - clearly I don't want one.

 

I'm also not sure what to write in terms of a summary/conclusion...

 

I am really appreciative for your help so far ... any further advice gratefully accepted.  Many thanks

 

 

Claim No. xxxx

BETWEEN:
xxxx

AND

Defendant
xxxx
_________________________________________

WITNESS STATEMENT OF xxxx
_________________________________________

I xxxxx, being the Defendant in this case will state as follows;

I make this WITNESS STATEMENT in support of my defence dated 11 September 2019 and in response to the claimants claim dated 09 August 2019 which was submitted through county court bulk centre.

1.   It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit.

2.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

3.  Background

Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and New Day Ltd RE Aqua.  On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity from the claimant. 

I requested:-

A copy of the original agreement
A copy of the Default Notice/ termination notice
A copy of the legal deed/notice of assignment showing the claimants legal right to take action

4.  Disclosures

The claimant has since complied, some two years later and disclosed various documents however:

a) They have supplied an online application form which seems to be a reconstructed document in which my details have simply been typed in the exact same font, this could have been made up anytime at any point by anyone to imitate what an Aqua agreement may look like and is NOT from New Day Ltd RE Aqua which they claim they have waited for.   In addition the online application form has an IP address, which I do not recognise and upon checking is an IP address allocated to Lloyds Banking Group, London.

b) They have not supplied a copy of the original Default Notice and have confirmed that a copy of the Default Notice or related documentation are not available.   They have supplied a screen shot of a database system which they claim shows COLLLTRS of which there are many, is a Default Notice.

 

Further

 

5.   With reference to item 3 of the Claimant’s Witness Statement they have claimed true copies of documents have been included.  A letter referenced DEFDOCS sent from Mortimer Clarke dated 12 January 2022 (page 86 of their exhibit pack) the last paragraph states “As explained above, if we don’t hear from you and we can’t reach a settlement agreement within 14 days of this letter, our client has instructed us to make an application to lift the stay on proceedings and request summary judgement”.    However, the original letter I received (enclosed at page ???) clearly states  “As explained above, if we don’t hear from you and we can’t reach a settlement agreement within 7 days of this letter, our client has instructed us to make an application to lift the stay on proceedings and request summary judgement”.   I therefore invite the Court to question how can the Claimant claim they have submitted true copies.  

 

6.  With reference to item 21 of the Claimant’s Witness Statement in respect of the letter from Mortimer Clarke dated 12 January 2022, the Claimant states I failed to respond.  I object to this statement as it is not true.  I responded to Mortimer Clarke via email on 18 January 2022 (enclosed at page ???) stating that I wished to settle the matter without the need of further court action in order to avoid further costs.  I offered a repayment arrangement of £50 per month and that I would be in a position to make first payment on 1 February 2022.   I received a response via email from Mortimer Clarke on 26 January 2022 (enclosed at page ???) whereby they dismissed my offer of a repayment arrangement and confirmed an application had already been made requesting judgement.

 Statement of Truth

I, xxxxx, the Defendant, believe the facts stated within this WITNESS STATEMENT to be true.

Signed: xxxx

Dated: 15 February 2022

*******************

 

 

 

[Atoll]

I've had a go at a 2nd draft ... am I on the right track?WS 2nd draft.pdf

[AndyOrch]

Well yes and no ...the above statement is really used once the claim has been allocated and the claim is proceeding...you would submit the above in support of your defence.

 

This is slightly different.....the claim was stayed now they wish to lift the stay and strike out your defence by way of summary judgment (CPR 24)...a separate process to the normal process of a claim....basically a fast hatchet job.

 

Your statement in response should object to the lifting of the stay....although that will most probably be allowed very rare an application to lift a stay is dismissed.....but its about the Summary Judgment and strike out of your defence...that's what you are objecting and arguing..

 

Here is an example I have previously drafted for another using fighting the same application type.....modify your statement above with the following.

 

 

 

 

Witness statement Pattens.pdf

[Atoll]

@Andyorch Ah I see ... OK, will have a go at drafting a separate version based on your example.  Will then post up here for you to have a look if that's OK... thank you  

[AndyOrch]

[Atoll]

@Andyorch I've had a go. 

WS 3.pdf Have to admit I really struggled so any rework you can do would be really appreciated please

[AndyOrch]

Very good......I haven't read all the finer arguments contained within the statement but the intro and conclusion are now correct in responding to this type of application.

 

As long as your points counter each paragraph of the claimant's statement and add more then there is nothing really further I can add.

If you think you have covered their points then your good to go.

 

Andy.

 

 

 

.