Cabot/Mortimer Claimform - Old Aqua Credit Card Debt

[Kingsbest]

Good evening,

I am helping my mother with a Credit Card Claim form.

She received a Letter of Claim but never opened it up as she was on holiday.

Tonight, she tells me she has a Claim Form dated 15th November 2022!!!!!

Is it too late to help her with this.

Tbh she knows she owes the money.

Any help appreciated it is from Mortimor Clarke on behalf of Cabot Financial.

 

[dx100uk]

no its not too late.

 

please complete this 

 

 

 

[Kingsbest]

Name of the Claimant ? Cabot Financial uk Ltd, 1 kings hill ave, west malling kent

 

Date of issue –  15th November 2022

 

Particulars of Claim

by an agreement between new day re aqua & the defendant on or around 16/10/2020 (the agreement)

 

new day re aqua agreed to issue the defendant with a credit card

 

the defendant failed to make the minimum payments due

 

the agreement was terminated following the service of a default notice

 

the agreement was assigned to the claimant

 

the claimant therefore claims 1. 1031.34 2. costs

 

Total value of the claim? 1191.34

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes.

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 ? 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? yes

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes

 

Why did you cease payments? more important bills

 

What was the date of your last payment? not sure but within the year

 

Was there a dispute with the original creditor that remains unresolved? no

[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
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 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
.do not ever use or give an email
.
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]

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

 

[dx100uk]

3 hours ago, Kingsbest said:

Tbh she knows she owes the money.

 

throw the morality card out the window!!

she does NOT owe it to a bunch of scammers that purchased the debt for 10p=£1, but are still trying to scam her out of the full value.

 

there are numerous aqua claimform threads here to read

use our enhanced google search box

 

aqua claimform

you MUST get AOS as above done ASAP.

 

dx

 

[Kingsbest]

Just to confirm.
We have sent both the letters running to the DCA and solicitor on Monday.

I did the AOS as advised on 4th Dece/ Sunday eve for her.

Regards

[dx100uk]

On 05/12/2022 at 00:24, dx100uk said:

there are numerous aqua claimform threads here to read

use our enhanced google search box

 

aqua claimform

do not miss the defence filing date no matter what

 

dx

 

[Kingsbest]

Do you agree 17th December is the defence filing date?

[dx100uk]

On 04/12/2022 at 21:39, dx100uk said:

you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

courts close for the W/End friday 4pm.

if your date falls on a W/End you must file friday else it wont get registered till monday ( not a very big issue as you are a LIP Litigate In Person joe public against the system)

[Kingsbest]

Could you take a look at the below please which I have done for my Mother :

 

Particulars of Claim 
 
1. By an agreement between Newday re Aqua & the Defendant on or around 16/10/2020 the (Agreement) Newday Re Aqua 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. 1031.34 
2.COSTS 
 
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 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. 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.

 

3. 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.

4. Paragraph 4 is noted. Although I do not recall the 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

[Kingsbest]

I have looked at threads and done the Defence for my Mother as above,

I believe we have until 4pm today to submit.

If anyone can take a look then it would be appreciated

Regards

[AndyOrch]

Fine it will buy you some time although Im struggling to see a convincing defence should they respond to your CCA CPR requests.

[Kingsbest]

Hi Guys,

So since we submitted the above it is now 9 weeks.

We have heard not a dickybird from anybody.

No doubt this is this good news?  

Regards

[dx100uk]

yep

just check mcol status please

[Kingsbest]

Claim History

Your acknowledgment of service was received on 05/12/2022 at 08:05:36

Your defence was submitted on 16/12/2022 at 15:12:44

Your defence was received on 16/12/2022 at 16:05:05

[dx100uk]

good well stayed

twill cost them +£275 to ever lift the stay

 

go enjoy your life