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Cabot Claim Form - New Day (Amazon/Pulse) Credit Card


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Hi,

Which Court have you received the claim from ? Civil National Business Centre (Northampton)

Name of the Claimant ? Cabot Financial (UK) Limited

How many defendant's  joint or self ? Self

Date of issue  23 JAN 2024

Particulars of Claim

By an agreement between New Day RE Pulse(Amazon) & the Defendant on or around 09/02/2018 ('the Agreement') New Day RE Pulse(Amazon) 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 named CIaimant.

Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant.

THE NAMED CLAIMANT THEREFORE CLAIMS  
1. 2630
2. Costs

What is the total value of the claim? £2830

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes although not sure it fully complied.

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 2007

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 Cabot

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, I received a letter from New Day about assignment.

Did you receive a Default Notice from the original creditor? Unsure, don't have on in my possession.

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

Why did you cease payments? Unable to afford payments.

What was the date of your last payment? Circa June 2022

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? Quite possibly, do not recall for sure

I have some experience successfully defending a Lowell claim some years ago but nothing recently. 

Looking for some guidance to check that I'm on the right path/next steps and doing everything possible to help my case.

I received a Claim Form in the post on 25/01/24 regarding a New Day (Amazon/Pulse) credit card.  Date of the claim is 23/01/24.

I had not responded to their previous Letter of Claim (I know :doh: - the Claim Form has jolted my head from the sand!)

Steps I've taken so far:

1. Create account on MCOL
2. Submitted 'Defend All' AOS - 25/01/24
3. CCA'd the Claimant (Cabot) - 30/01/2024
4. 31.14'd the solicitors (Mortimer Clarke) for documents: The Agreement, Default notice and Notice of Assignment - 31/01/2024

My next task will be to prep some form of holding defence, ready to submit prior to deadline?

By my calculations the defence filing date would be Sat. 24th February, so as it falls on a weekend, by 4pm on Friday 23rd?

 

Thanks.

2024-01-23-claim-form-redacted.pdf

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all looks good yes 33days whereby the date on the claimform is ONE in the count.

plenty of card claimform threads here to see our no paperwork/holding defence.

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... 

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  • 3 weeks later...

Thanks for your previous reply. 

A quick update prior to the defence filing deadline tomorrow.

I have received no response from the Claimant regards my CCA request.

No response from their solicitors regards my 31.14 request, other than a strange letter which refers to me having completed a budget planner (I have done no such thing) - I've scanned and added the letter to this post - don't think it is anything I need to refer to in defence, just seems a bit odd.

Pasted my defence as I currently have it below.  Would be cool if anyone can cast their eye over it.  Unsure if I need to expand any on the issue of assignment (para 5 in my defence)

Particulars of Claim

(Text from the claim has been split into numbered paragraphs for easier reference.)

1. By an agreement between New Day RE Pulse(Amazon) & the Defendant on or around 09/02/2018 ('the Agreement') New Day RE Pulse(Amazon) 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 named Claimant.

5. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant.

6. THE NAMED CLAIMANT THEREFORE CLAIMS  
    (1) 2630
    (2) Costs


DEFENCE

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 Civil Procedure Rule, s 16.5(3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraph 1 is noted. The Defendant has in the past had dealings with New Day but does not recall the precise details. The Claimant has failed to provide any reference number by which to identify "the Agreement" within their Particulars of Claim.
 
3. Paragraph 2 is denied. The Claimant has failed to give a description of "the Agreement" sufficient to identify it and allow the Defendant to properly assess their position.
 
4. Paragraph 3 is denied. The Defendant is unaware of any Default Notice being served.
 
5. Paragraph 4 is noted.

6. On the 31/01/2024 the Defendant sent a formal request under Civil Procedure Rule, s 31.14 to Mortimer Clarke Solicitors Ltd., for copies of documents mentioned or implied in the Claimant's Particulars of Claim.

7. Mortimer Clarke Solicitors Ltd. has not sent any of the requested documents to the Defendant.

8. On 30/01/2024, the Defendant formally requested a copy of "the  Agreement" from Cabot Financial (UK) Limited, pursuant to section 78 of the Consumer Credit Act 1974, and included the statutory £1 fee.

9. The Claimant failed to comply with the Consumer Credit Act 1974, s 78(1) and by virtue of s 78(6), cannot enforce "the Agreement" while they remain in default.

10. The Claimant has failed to provide any evidence of "the Agreement", Assignment, Default Notice and it is therefore denied 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 "the Agreement".
      (b) Show how the defendant has reached the amount claimed for.
      (c) Show that a compliant Default Notice was served upon the Defendant pursuant to s 87 of the Consumer Credit Act 1974 and that any Default notice relied upon complied with the requirements of s 88(4A) of the Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
      (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

11. As per Civil Procedure Rule, s 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

12. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief as claimed or at all.

 

Thanks.

 

2024-02-13-m-clarke.pdf

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defence due by 4pm tomorrow

im sure @Andyorch will pop in and check by then.

6 minutes ago, MontyIsInnocent said:

(b) Show how the defendant has reached the amount claimed for.

i think this should be the claimant 

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... 

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Hi there

In 2. Had a financial arrangement rather than dealings.

In C)  Show and evidence the service of DN pursuant to sec 87 (1) will suffice...yours is a bit waffly but it's your decision.

In 7. Have  not sent....not has

Rest is fine although as per your initial post if they have failed to fully comply with PAP you should mention this in your intro after point 1.

Andy

We could do with some help from you.

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Hi thanks for your time.  Will make relevant changes.

In terms of PAP,  they included a "statement" which merely shows the Opening Balance (as of the date they bought the account) and the balance (which is the same) as at the date of the Letter of Claim

Not sure if they need to show more details (e.g.,how the balance has actually accrued, interest/charges etc.)

They have included the correct forms (information sheet, reply form etc)  - although they don't specifically give an address to which to send the Reply Form.

Covering letter not titled "Letter of Claim" but I guess there's nothing incumbent on them to do that?

Anything else I should look out for?

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Did you request a copy of the agreement in your PAP response ( CCA request) ?

 

 

.

We could do with some help from you.

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Okay well go with what you have and submit.

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

 

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You said you didn't respond PAP so you cant question their actions.

 

.

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

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  • 1 month later...

Quick update on this.  It has now been 38 days since my defence was received on MCOL.

I have heard nothing either from the claimant or their solicitor during this time.

I received acknowledgement from the court in the post that my defence had been received and was being served on the claimant.  This letter was dated 23rd Feb.

No new status  updates showing on MCOL.

Seems like they would have had their 28 days in which to proceed? Anything I can do to be pro-active or just keep checking MCOL?

 

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No need to be pro active...ball in their court now if they wish to lift the stay.

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

 

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No..... last entry will be Defence received.

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

 

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If they do wish to proceed you will be informed by the court and asked to complete a DQ for allocation purposes...but until/if forget about it.

  • Thanks 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

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