Sisters Cabot/Mortimer Clark claimform - old Aqua Credit Card

[persha50]

Hi writing on behalf of my sister coz I am always going on about how amazing this site is so she asked me for some help.

 

On 6th of January she received a letter of claim from Mortimer Clark for Aqua card (long stories, issues with interested and payment breaks).

 

I told her to send them a letter and gave her your template (CPR. 31.14). 

She has also responded to the claim.

 

Received a letter from them today saying in order that their client could provide the documentations they have been instructed to place the account hold and take no further action in relation to the proceedings until they have received the requested documentation.

 

So questions are:

 

If no documentation is received before the 30 days does she still need to submit a defence?

If documentation is received after the 30 days can they issue another letter of claim.

 

Hope that makes sense.

[dx100uk]

you are getting confused

 

has she received a COURT CLAIMFORM from Northants bulk court like you did.

 

or

 

has she received a LETTER OF CLAIM, from mortimers?

(mortimers wont be working for aqua, but most probably Cabot their stated client?- newday must have sold the debt on years ago??)

 

 

you dont respond to a letter of claim with a CPR 31:14..

 

 

[persha50]

Hi justasked her to send me a copy so can  double checked with her. 

She received a COURT CLAIM FORM, she said she replied to that to get copies of documentation.

It does say Cabot on the Court Claim Form.  So will change second questions to:

 

 

If no documentation is received before the 30 days does she still need to submit a defence to the Court, she has done the acknowledgement via MCOL.

If documentation is received after the 30 days can they issue another COURT CLAIM FORM.

[dx100uk]

we need more info please 

 

 

this is what should be done when someone gets a court claim.

 

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]

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

 

 

 

[AndyOrch]

Quote

If no documentation is received before the 30 days does she still need to submit a defence to the Court, she has done the acknowledgement via MCOL.

If documentation is received after the 30 days can they issue another COURT CLAIM FORM.

 

Forget the 30 days that's in connection to PAP response....Not a CPR31.14 request/court claim. She has 33 days in total from date of issue on the court claim to submit a defence.

 

 

Andy

[persha50]

Hi -

 

she has done all that, gone onto MCOL and contacted solicitors asking for copies of documents and received a letter back from solicitors saying in order that their client could provide the documentations they have been instructed to place the account hold and take no further action in relation to the proceedings until they have received the requested documentation.

 

What she is wanting to find out having received the above response is:

 

1)  if no documents are received by the 33 days does a defence need to still be submitted

2) if no court claim goes ahead due to not having the relevant documents by day 33 can they make another claim

[dx100uk]

Read the bottom of my last post!!!

 

Dx

[AndyOrch]

19 hours ago, persha50 said:

Hi -

 

she has done all that, gone onto MCOL and contacted solicitors asking for copies of documents and received a letter back from solicitors saying in order that their client could provide the documentations they have been instructed to place the account hold and take no further action in relation to the proceedings until they have received the requested documentation.

 

What she is wanting to find out having received the above response is:

 

1)  if no documents are received by the 33 days does a defence need to still be submitted

2) if no court claim goes ahead due to not having the relevant documents by day 33 can they make another claim

 

She hasn't submitted a defence yet it's not due. 

 

Knowing how the process works you really wouldn't be asking the above 2 questions.....but anyway here goes let see if this sinks in:-

 

1)  if no documents are received by the 33 days does a defence need to still be submitted. Yes, absolutley, the claimant is not at liberty to disclose any documents pre defence...only after allocation of the claim the claimant must disclose.

 

2) if no court claim goes ahead due to not having the relevant documents by day 33 can they make another claim

The court claim is going ahead the claimant can't " put it on hold " unless they let it stay after the defence has been submitted.

None Disclosure of documents pre defence is irrelevant, see my last answer above.

 

They dont need to make another claim this claim is proceeding.

 

Andy

[persha50]

Hi

 

my process was different to hers and they had sent all the documents to "prove" the debt before the court claim was done and there were no solicitors involved.

 

She has received no documents "proving" the debit ie original contract, notice of assignment etc. 

 

The solicitor has said the account is on hold so was not sure if the court claim would still go ahead.

 

Thanks for your help

[AndyOrch]

I think you are mixing  PAP with court claim issued....PAP is 30 days and they " should " send all documents requested in connection to the debt.....they invariably don't comply and go ahead and issue the claim anyway.

 

We counter this in our defences when the claimant does not comply with PAP or issue a LOC using the following in the defence.

 

Quote

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.