Thanks for the prompt replies. Details as follows: Me: Cabot (Next) £1759 (Claim auto stayed in 2019) – old address. Hoist (Vanquish) £3276 – old address. Hoist (Barclaycard) £6544 – new address. Lowell (Cap One) £2724 – old address. Lowell (Cap One) £1608 – old address. Cabot (Halifax) £2504 – old address. PRA (MBNA) £8364 – old address. Cabot (Zopa) £1424 (Claim discontinued) – old address. Partner: Cabot (Next) £1915 (Claim auto stayed in 2019) – old address. Lowell (Vanquish) £3425 – old address. Hoist (Barclaycard) £2250 – old address and paying £10 per month. Lowell (Cap One) £4176 – new address and paying £10 per month. Lowell (Argos) £1636 – new address and paying £10 per month. I have asked her to stop making these payments until we have resolved what our next action should be.

Afternoon, apologies if this is posted in the wrong place. I have spent some time looking around this section of CAG and felt it appropriate to post here. Recently I received a bit of a wake-up call in relation to my and my partner’s debt situation. Historically we have ignored these and despite a Claim Form each back in 2019 and an unkept promise to ourselves that we would deal with things, we didn’t. With support and guidance from CAG we made a defence to the Claim Forms and they were both stayed. Foolishly we reverted to the learnt behaviour of head in the sand. Fast forward to now and the wake-up call. I recently received a Claim Form for another debt, which if it hadn’t been for Royal Mail redirection, could have resulted in an automatic CCJ. Having submitted an AOS declaring intent to defend in full, the Claimant withdrew. Again, the guidance here at CAG helped me and I am thankful. Now I know I need to at least get a handle on things and stop this from getting any worse as I want to avoid an automatic CCJ. I believe the first action is that I must contact each DCA to advise of our change in address. As all but 3 accounts have the old address recorded against them in Experian and Totally Money. What is the safest way to do this? I obviously need to inform them of the change but I also need to be confident that they receive and accept the information. There are in total 13 accounts (8/5), with a combined value £41,605. They all have a default date between the window of June – December 2017. My partner is paying £10 per month to 3 of the 5 accounts in her name. Once addresses are updated, am I best to proceed to requesting CCA’s from each of them? Should I also SAR at this point? Or is it better to wait until the inevitable PAP documentation arrives? Finally, the two Claims that were stayed last year are both included in those that are recorded at the old address. Do I need to update both the DCA and the Solicitors who dealt with the legal aspect? Guidance would be most welcome.

Thanks for clarifying. I can't quite believe that they gave up at this stage, but as DX suggested earlier, perhaps they were purely trying their luck. I will keep an eye out for the N279. Also made a small donation to the cause.

Update - I wanted to submit my defence during court opening hours and was unable to do so yesterday. I have logged in to MCOL this afternoon to do this but I couldn't see how. Then on closer examination of the Claim History it reads like this: Your acknowledgment of service was submitted on 02/11/2020 at 20:37:01 Your acknowledgment of service was received on 03/11/2020 at 08:05:28 Notification that the claim against you was discontinued was received on 18/11/2020 at 19:09:02 Is that it? Have they just given up straight away?

Yes, I have advised of the address change. I did so with the CCA and CPR requests. I will amend Para 6 to reflect your guidance. Thank you very much.

Andy, thanks for taking the time to incorporate the specific details of discussion into this defence. I have a couple of points/questions to raise, for which I apologise that I had not been totally clear about. The first is in relation to Para 1 and the failure to serve a letter of claim. I had not notified of my change of address and relied upon the royal mail redirection, which obviously provided me with the Claim Form. Could they argue that they sent and it was my fault for not updating them? The second is in relation to Para 6. My reply in 2019 to the PAP was outside of the initial 30 days that they asked for. Once this time had elapsed they sent a further letter with an additional 21 days to respond. It was within this period that I provided the completed forms via recorded delivery. This generated their letter to me dated 7 March 19. If the address change isn't an issue then Para 1 remains as is. I can tweak Para 6 to just say that it was returned to the Solicitor. Is this right or leave as is?

The PAP pack did have a reference number, the return letter dated 7/3/19 has the same reference number and also includes an agreement number in the text of the letter. There is no agreement or reference number in POC.

That’s great Andy, thank you for taking the time to examine things tonight. DX, I was so lucky really. I have moved and had not updated my address with them (or any others). Grateful for mail redirection. I must also now act quickly to update my address where needed with others. Valuable lesson.

Yes, they sent what I believe to be a PAP. I completed their form asking for the documents and (unfortunately) signed and returned it. Mortimer Clarke wrote to advise me what the debt was and that my request for documents had been sent on to Cabot, this letter was dated 07/03/19. The next correspondence I had was this Claim Form dated 22/10/20.

No, what I was referring to was Mortimer advising me that they had sent my request for the documents to Cabot.

Good evening, I am still yet to receive any reply from MC or the DCA. I am working on submitting my defence prior to the cut off date which I believe to be 24 November 2020. I have prepared a draft and would welcome guidance and feedback. I was uncertain as to how to (or of I should) refer to the correspondence from 2019 between MC and myself, so made an attempt to capture this. Draft as follows: Particulars of Claim 1.By an agreement between Zopa & the Defendant on or around 24/09/2014 ("the Agreement") Zopa agreed to loan the Defendant monies. 2.The Defendant did not pay the instalments as they fell due. The Agreement was terminated following the service of a default notice. 3.The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 1275.00 2. Costs Defence 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. Paragraph 1 is noted. I have had in the past a contractual relationship with Zopa but cannot identify any account referred to by the claimant. Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars. Paragraph 3 is denied as I am unaware of any legal assignment. On the 03/11/2020 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 77 request. The claimant is yet to respond to this request. Mortimer Clarke is yet to respond in relation to the CPR 31.14 request. To date, 17/11/2020, no documentation has been received. Historical correspondence from Mortimer Clarke, letter dated 07/03/2019, advised that Defendants previous request for a copy of the original Consumer Credit Act Agreement, Default Notice, Notices of Assignment and Account Statements had been forwarded to the Claimant. No documentation was provided. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the Defendant has reached the amount claimed for; and (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(4), it is expected that the Claimant prove the allegation that the money is owed. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 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.

Yes DX, that's exactly what happened. My recent posting has led me to venture back to my paperwork and the last correspondence I received was that which advised of the defence being received and detailing the 28 days before being stayed.

Thanks DX. I have completed the AOS and have the CCA and CPR 31:14 letters ready for the post office tomorrow.

Name of the Claimant ? CABOT Financial (UK) Limited Date of issue – 22 October 2020 Particulars of Claim 1.By an agreement between Zopa & the Defendant on or around 24/09/2014 (“the Agreement”) Zopa agreed to loan the Defendant monies. 2.The Defendant did not pay the instalments as they fell due. The Agreement was terminated following the service of a default notice. 3.The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 1275.00 2. Costs What is the total value of the claim? 1425.00 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? Yes Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Loan 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 – Debt purchaser issued claim Were you aware the account had been assigned – did you receive a Notice of Assignment? No 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 ? No Why did you cease payments? Too much debt and loss of second income to home What was the date of your last payment? May 2017 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 Hello all, having been away from home for a week I have returned home today to a claim form from Northampton CCBC. This was redirected to me from my previous address. I have several debts that I have ignored for a long time. I have received some letters in relation to making payments on some but this is the first correspondence I have had from this one for quite a while. I'd be grateful for initial advice and guidance along the way. Many thanks, Kj Full details as follow Back in February 2019 I did receive and reply to a letter sent about this. I completed their Reply Form and asked for copies of documents, ticking Box I and provided a list. The reply I received from MC in March detailed what the debt was and advised that they had requested the documentation that I had asked for. They did not come back to me following this.

Thanks Andy, will submit this on Monday.

Evening all, Here is the draft of my defence, I found that not having an account number made the first part a little different but had a go. I'd be grateful for thoughts, advice and guidance. Particulars…. 1.By an agreement between Next Directory and the Defendant dated 14/06/2011 ("the Agreement") Next Directory agreed to issue the Defendant with a credit account. 2.The Defendant failed to make the minimum payments Due & the Agreement was terminated. 3.The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 1574.00 2. Costs Defence 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. Paragraph 1 is noted. I have had in the past a contractual relationship with Next Directory but cannot identify any account referred to by the claimant. Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars. Paragraph 3 is denied as I am unaware of any legal assignment. On the 08/06/2019 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant responded with a letter dated 10/06/2019 advising that they were not in possession of the information requested but would work towards obtaining this. A further update was received from the claimant in a letter dated 20/06/2019 advising that they are still not able to provide the information requested and advised that there is not an enforceable Credit Agreement. Mortimer Clarke sent a letter dated 11/06/2019 stating that they have passed the CPR 31.14 request to the claimant. To date 28/06/2019, no documentation has been received. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (removed with the claimant they do not plead you have entered one with them) (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the Defendant has reached the amount claimed for; and (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(4), it is expected that the Claimant prove the allegation that the money is owed. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 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. The defence for the other account will be the same with the exception of the amount claimed and the dates of the CPR letter as I had to send a second letter to Mortimer for this as the first was not delivered according to Royal Mail 1st Class signed for tracker.

Could some additional guidance be offered with this? The POC are not listed as I have seen others, they're not numbered. There is no account or agreement number, no dates to do with default, termination of assignment to the claimant. How do I refer to all of this in my defence? Claim Form POC.pdf

I'm just irked by the fact that Cabot have acknowledged that they cannot enforce and are not permitted to obtain judgement as well as informing me that they cannot bring legal action against me. Yet they are still attempting to do just this and the letter from Mortimer today just highlights how they work. I accept that I probably have no right to feel aggrieved but there is a part of me that does.

It's not my intention to accept the 28 days and I am working towards submitting a defence within the original 33 days.

Received the outstanding response from Mortimer regarding the CPR request for the second account. This is dated 21 June, the day after the Cabot reply. They kindly offer an additional 28 days to file the defence on this claim. Surely this is unethical, telling me that their client will agree to an extension when the day before their client informed us that they are not permitted to obtain a judgement nor can they bring legal action. Is there anything I can do with this? Or is it fruitless? CPR Reply No.2.pdf

Thanks for confirming what I suspected to be true. i'll work to get the draft finalised over the next day or two and hope to post for advice on finalising.

Good morning, I have received the attached letter from Cabot (one for each account), any thoughts on this? It says that they "are not permitted to obtain a judgement or decree against" me in court. Does this mean they will withdraw? Do I still need to complete and submit the defence online? Many thanks. Cabot Update to CCA.pdf

Good evening, I am posting an update as I have received a response on Saturday from both Cabot & Mortimer in relation to the account in my name and one from Cabot in relation to the account in the name of my wife. I see from exploration that these are standard holding responses. I have attached these letters, redacted, to this post. Am I correct in preparing to submit a defence to each claim now? Many thanks. CCA-CPR Reply.pdf

Update. I have this morning completed the AOS online and also sent letters, recorded, to both Cabot and Mortimer in relation to CCA and CPR respectively. Thanks dx for your guidance.

Thank you