Jump to content


  • Tweets

  • Posts

    • I did not receive a notice via post but in my claim status it shows my claim was transferred to a court I requested in my DQ, as it is closer to me.    Defense I filed:  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 defendant paid the lead tenant a fixed sum monthly bill without fail for the extent of the rental period of the accommodation their contract was associated with who was responsible to make payments to the claimant, ending in June 2023. 3.       After moving out, a month later, the claimant wrote to state that an outstanding sum existed. Further stating, as one of the 10 tenants at the time, I now owed them the full sum instead of my 1/10 proportion of said debt, as 10 students were at the dwelling. They also intimated that they were legally allowed to charge me the full sum if the other renters were not to pay their share under some equal and joint severity rule. 4.       Despite sending numerous requests prior to the court claim being raised for copies of said bills for said utilities covered by the agreement, the claimant failed to send any clear bills. This included a CPR 31.14 on xx/xx/xxxx sent via post. 5.       The defendants stress that they acted in good faith to settle the outstanding balance, as evidenced by the confirmation received from the claimant.  Any subsequent demands for additional payments are unwarranted and contradict the claimant's previous acknowledgment of settlement. 6.       Pursuant to OFGEM code of back billing rules the alleged charges relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging. 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. c) 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.It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
    • Paint is a free programme on any Windows PC. But don't worry, the choice here is not either perfection or nothing. As you say, use your scanner, save the file ... and then use the "choose files" option when you post to CAG to add the file. We can do all the redacting and converting to the correct file type at this end.  The important thing is just to get the info to us. Why not do an experiment this afternoon and see if the above works?  
    • I see they're trying to round up asylum seekers and lock them up for about three months so they can be put on planes to Rwanda. I'm a bit surprised that this is legal.  
    • thought for the day "Prime ministers need a big strategy that tells you where you’re going, you need a bunch of tactics that get you there, and you need the ability to take everybody else with you."   Now I know you are all thinking 'why is the  UKs destination Rwanda ???
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Cabot/Mortimer Claimform - stayed - Now N244+SJ - old Newday card debt ***Application Dismissed/Claim Struck Out***


letsgetitsorted
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 198 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

 

 

Which Court have you received the claim from ? MCOL Northampton N1 ?

 

Name of the Claimant ? Cabot Financial

 

Date of issue – . 6-10-22

 

only received claim form on Monday 17th October 22

 

Particulars of Claim

 

What is the claim for –

1. By an agreement between Newday re Fluid & the Defendant on or around 05/08/2019 the (Agreement) Newday Re Fluid Agreed to issue the Defendant with a Credit Card.

 

2.the Defendant failed to make the minimum payments due.

 

3. The Agreement was terminated following the service of  Default Notice

 

4. the Agreement was Assigned to the Claimant ,

 

THE CLAIMANT THEREFOR CLAIMS

1. 1995.16

2.COSTS  

 

What is the total value of the claim? £2150.60
 

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? Give answer here

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 to debt purchaser Cabot
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes 15-12-21
 

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 ? yes,  dated 21-10-21 for £39.10
 

Why did you cease payments? could not afford them
 

What was the date of your last payment? not sure all statements were online now cant access the details
 

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

december 2019 went down with brain illness which now effects memory and speech

 

I actually received the claim form on Monday 17th October, Obviously delayed due to postal strikes 

I have acknowledged the claim straight away, is it worth me phoning the court to let them know about the date i received the claim.

 

I suffer with both physical and mental illnesses aggregated in December 2019 by meningitis which put me in a coma for 4 days and has now made my memory much worse.

 

however i have kept all letters received and there is no DN notice for this account at all 

 

I have also done the AOS as soon as received which was Monday 17th October 22

 

letter for Solicitors and cabot have been sent as well

 

                      

claim.pdf

Link to post
Share on other sites

Quote

 is it worth me phoning the court to let them know about the date i received the claim.

 

No I'm sure they are aware of the postal strikes. You have acknowledged in time and done the CPR CCA so just keep an eye on your defence due date (Monday 7th Nov by 16.00.

 

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 OTHER

 

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

Link to post
Share on other sites

  • dx100uk changed the title to Cabot/Mortimer Claimform - old Newday card debt
  • 1 month later...

moorcroft?

you mean mortimer who you sent the CPR too i expect?

 

anyway means nothing.

 

you've filed your defence

they had 33 days to do something else it gets autostayed.

 

what defence did you file please

and on what date?

the court wrote and ack'ed your defence filing telling you the above about 33 days limit??

did they?

so claim is probably stayed now?
 

 

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... 

Link to post
Share on other sites

yep that's who i meant , Mortimer Clark,

 

yep filled on time and court acknowledgement received, the defense i used was the one attached.

letters where sent requesting information and only Mortimer responded saying they do not have the information and that they will put action on hold.

Particulars of claim


1. By an agreement between Newday re Fluid & the Defendant on or around 05/08/2019 the
(Agreement) Newday Re Fluid Agreed to issue the Defendant with a Credit Card.
2.the Defendant failed to make the minimum payments due.
3. The Agreement was terminated following the service of a Default Notice
4. The Agreement was Assigned to the Claimant,
THE CLAIMANT THEREFOR CLAIMS
1. 1995.16
2.COSTS

defence 


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. 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 16.5 (3) in relation to any particular allegation to which a specific response has not been made.


3. Paragraph 1 is noted. I have in the past had financial dealings with New Day in which I can’t recall the precise details of any agreement and have therefore sought clarification by way of a CPR 31.14 and section 78 request via signed for delivery which the claimant has failed to comply with.


4. Paragraphs 2 & 3 are noted. Although I do not recall receiving a Default Notice /Termination Notice pursuant to sec 87 (1) the Consumer Credit Act 1974.


5. Paragraph 4 is denied. The defendant contends that no notice of assignment pursuant to s136 Law of Property Act and s82 a of the Consumer Credit Act 1974 has ever been served by the Claimant as alleged.


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 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 s87.1 CCA 1974.
d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.


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


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.

 

Link to post
Share on other sites

  • 7 months later...

Open

Link to post
Share on other sites

@BankFodder Many thanks for reopening the post ..i thought i actually commented on friday ..must of forgot to press the send button.

on Friday I received a bundle of papers saying that they are a witness statement (120+ pages) in amongst the papers is also a copy of a default notice ( i thought they couldnt be reproduced).

Anyway the stay had been lifted and the case is being transfered to my local court, they dont know Geography as they are requesting it goes to portsmouth ...thats not my local court.

they are also looking to go for summary judgement

any ideas....I will have a look around see what other advise is out there on here too 

many thanks 

lets

 

Edited by letsgetitsorted
Link to post
Share on other sites

scan it up to one mass PDF. dont need statements but need all exhibits.

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... 

Link to post
Share on other sites

  • dx100uk changed the title to Cabot/Mortimer Claimform - stayed - Now N244+SJ - old Newday card debt

You now need to respond with your own statement in response to their application stating your objections with reason. This must be filed /served not less than 7 days of the hearing date.(CPR 24.5.1)

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 OTHER

 

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

Link to post
Share on other sites

When you do get your Notice of Hearing...then you can inform the court that the venue is incorrect

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 OTHER

 

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

Link to post
Share on other sites

ok thank you Andy, just trying now to work out a witness statement ...also looking for ideas through the site 

I have also noticed within the evidence they have submitted there is no termination notice of account and although there is a default notice I have not ever received on 

going to work out statement now 

Link to post
Share on other sites

The Default Notice acts as the termination notice if you do not comply by said date. Separate termination notices are as rare as chickens teeth:becky:

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 OTHER

 

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

Link to post
Share on other sites

theres no need for a TN to ever be issued really, as long as the default notice is valid. 

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... 

Link to post
Share on other sites

Termination Notices are more common in Overdraft's and none default regulated agreements along with HP agreements .

https://www.legislation.gov.uk/ukpga/1974/39/part/VII/crossheading/termination-of-agreements/enacted

 

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 OTHER

 

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

Link to post
Share on other sites

its not in the typical (and expected) layout under the CCA, but it has everything it needs to have as far as i can tell.

 

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... 

Link to post
Share on other sites

Thank you DX 

although there is a DN included in the pack I have been through every bit of paper i have had from Newday and there is not a DN among it so not received one.

I keep all records since I had to defend my fist case back in 2009

many thanks 

Lets

Link to post
Share on other sites

well it cant be fake

whats the defaulted date on your CRA file.

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... 

Link to post
Share on other sites

  • 3 weeks later...

a debt buyers name replaces that of the OC when they buy a debt on credit files, they inherit what ever the OC registered before sale.

a debt buyer cant send a default notice as the agreement was already terminated following the sending of a default notice by the OC on or before sale date. as @Andyorch pointed out.

from their WS

a default notice was sent out by newday 29 june 2021......

 

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... 

Link to post
Share on other sites

DN - you not receiving it when the OC sent it out is immaterial sadly. 

no such thing as a TN in this instance the expiry date of the DN serves as that - if you read it.......

Notice of assignment not transfer-  they have produced one.

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...