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

[letsgetitsorted]

 

 

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

[AndyOrch]

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

[letsgetitsorted]

Put the defence in on time and then had a letter from Moorcroft Mortimer saying that they dont have the paperwork and seek to obtain it from the creditor, in the meantime they will put everything on hold .....

[dx100uk]

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?
 

 

[letsgetitsorted]

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.

 

[BankFodder]

Open

[letsgetitsorted]

@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 June 25, 2023 by letsgetitsorted

[dx100uk]

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

dx

 

[letsgetitsorted]

willl do that tomorrow once dig printer out 

thank you 

 

 

[letsgetitsorted]

Sorry for the delay finally managed to get everything scanned, edited and converted to pdf and here it is.

thank you for looking 

cheers

Lets 

 

 

n244.pdf

[AndyOrch]

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)

[letsgetitsorted]

hi Andy

not had any dates or any thing yet from the court , which i must add is not my local court 

[AndyOrch]

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

[letsgetitsorted]

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 

[AndyOrch]

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

[dx100uk]

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

[AndyOrch]

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

 

[letsgetitsorted]

@dx100uk  would you know if the DN in the bundle is valid although cant say me seen one for this 

cheers

lets

 

[dx100uk]

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

[letsgetitsorted]

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

[dx100uk]

well it cant be fake

whats the defaulted date on your CRA file.

[letsgetitsorted]

Just looked at credit file and shows Cabot defaulted it in Nov22 , there is no information from original creditor.

 

Just got date through for application hearing 31/8/23  

[dx100uk]

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......

 

[letsgetitsorted]

DN may have been sent out but not received one though, same as no termination notice only, notice of transfer has been received 

and that was from Cabot

goimg to start on WS tomorrow 

 

 

[dx100uk]

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.