cabot/mortimer Claimform - old Hitachi Nova HP 'debt'***Claim Discontinued***

[vauxman]

Hi All . after some advise on this please.

 

 

I received a Cliaimform today from cabot financial (claimant) with the address of mortimer clark solicitors

as the address for sending payments and documents listed underneath ,

for the sum of £557.68.

 

 

this debt is i think form a old hp agreement from five and a half years ago when i split from my ex

(she moved out and all debts where in my name she was the main wage earner ).

 

 

to be honest i cant even remember what it was for or what company it was (says Hitachi nova on the particulars of claim).

 

 

i know this and a lot of my other debts are nearing the 6 years statute barred point i think the last payment may have been about Jan 2009.

 

I had this ccj thing crop up 3 years ago for another difrent debt with bryan carter (phoenix recoveries ) this is what i did for that one .

i filed a deference with the court saying that i did not know what the debt was for and had no knowledge of it,

bryan carter then sent back a letter telling me who the debt was from,

after researching the net and different forums i sent back the following letter to bryan carter solicitors

 

CPR 18 - REQUEST FOR INFORMATION

 

After a few weeks i had a letter from them stating the claim had been discounted happy days .

the above letter was the only one i sent. and have heard nothing since as the probably did not have all the info required.

 

Now to my main question (sorry about the long winded post)

should i do the same with my latest Claimform from cabot , mortimer clark

or have things changed since my last success against the debt collection company's

 

Many thanks for all help and replies

 

Vauxman

Edited September 23, 2014 by Andyorch
CPR 31.14 template removed.

[theoldrouge]

you mean a court claim not a ccj?

 

please read and answer the following

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

[AndyOrch]

CPR 31.14 template removed...vauxman please do not post templates to thread...they are for members only...

 

Regards

 

Andy

[vauxman]

Hi Andy . Sorry for template did not know

 

In reply to theoldrouge my mistake its a claim form i have been sent if that helps

 

Many thanks

Edited September 23, 2014 by vauxman

[AndyOrch]

If you could just read and complete the link provided above vaux...then you will get the appropriate advice.

 

Andy

[vauxman]

Hi Again all hope this is the information you asked for in the above link

Name of the Claimant ? cabot financial

 

Date of issue –19/09/2014

What is the claim for

– the claim is for the balance of installments due and unpaid under an agreement regulated by the consumer credit act 1974 dated 25/01/2007

and under which hitachi nova agreed to provide credit in relation to the purchase of goods payable by instalments

(the agreement was assigned to the claimant on 31/03/2011.

Particulars. amount due and unpaid £473.

the claimant has complied with section 3

and lv of practice direction pre-action conduct.

the claimant therefore claims amount due and unpaid £473

What is the value of the claim? £473

 

Is the claim for a current or credit/loan account or mobile phone account? HP Loan

When did you enter into the original agreement before or after 2007? 25/01/2007

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? the debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? dont recal anything but not sure

 

Did you receive a Default Notice from the original creditor? think i did quite a few years back

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure as did move house a few years back

Why did you cease payments:- split from partner unable to afford payments

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? think i did send offer of token £1 payments but they said no

 

Hope this will help and i have filled it out correctly

 

Vauxman

[vauxman]

Hi Again any help with this one yet ?

 

Many thanks'

 

Vauxman

[AndyOrch]

Look at the link again vaux towards the bottom it will explain what you can request and which letters to send CPR 31.14/CCA requests.

 

Work out your time line as shown in the link and keep an eye on the dates...that's all you can do for now.

 

Andy

[theoldrouge]

asap by recorded delivery

 

cca request under s79 to the claimant

 

cpr31.14 request to the claimants solicitors

 

register on mcol, acknowledge service and tick defend all

 

keep in mind the date for submitting your defence. Date of claim is day one,

 

5days inc issue date deemed served, plus 14 to acknowledge,(but do this asap) further 14 to submit defence (33 days in total)

[vauxman]

Hi Again all forms filled out doing the mcol and tick defended all . just wait and see now thank you all for help i will post again when i get replies , it looks like this debt has been through t least 2 DCA does that make a difference ?

 

many thanks

 

Vauxman

 

Just a thought do i send letters before doing the mcol thing and what should i put in as a defense ?

Edited September 25, 2014 by vauxman

[AndyOrch]

Register with MCOL ...submit acknowledgement of service.......CPR and CCA requests should have already gone by now.

 

Andy

[vauxman]

Hi . Just a update and some more advice please. Had a reply from Cabot and their solicitors Mortimer clark regarding crp and cca.

 

Cabot said ... thank you for your request for information under the consumer credit act 1974. Cabot does not have this information on file . However we have requested the relevent information under section 77 and or 78 of the consumer credit act 1974 from the original lender.

We anticipate that we will be able to provide this information within 40 days . in the event we are unlikely to obtain this information within those time limits we will wright to you again.

 

Mortimer clarke solicitors said ..... further to your letter dated 26/09/2014 we are taking our clients instrutions in relation to your request and will come back to you as soon as we can.

we confirm our client is willing to agree to the extension of 28 days, for you to file your defence . Persuant to cpr 15.5(2) please notify the court in writing of the agreement.

 

 

 

the issue date of the claim was 19/09/2014 and i Register with MCOL ...submit acknowledgement of service on the 25/09/2014.

 

What should i do now and when should i file defence

 

Many thanks for all help

 

Vauxman

[AndyOrch]

Date of issue –19/09/2014...defence due 21st Oct.

[vauxman]

Date of issue –19/09/2014...defence due 21st Oct.

Thankyou Andy should I worry about the letters they sent or is that just standard from them . Shall I post again neared the 21St as to what to put in defence . Many thanks

[AndyOrch]

Standard response...in the meantime start looking at other similar threads and start preparing a defence...we can finalise it once you have had a go.

 

Andy

[vauxman]

Hi All. My defence is due to be made on the 21st of October and i have been looking through similar threads to help start my defence this is what i have come up with so far Please excuse me if i have made mistakes as i am still unsure of all the legal bits .

 

Particulars of ClaimFor reference only not to be submitted with defence

 

1.The claim is for the balance of instalments due and unpaid under an agreement regulated by the consumer credit act 1974 dated 25/01/2007 and under which hitachi nova agreed to provide credit in relation to the purchase of goods payable by instalments

 

2. The agreement was assigned to the claimant on 31/03/2011.

 

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 CPR r 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 had an agreement in the past with Hitachi Nova but any alleged balance is and remains in dispute for charges/services.

 

3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago.

 

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of agreement/assignment/balance/breach requested by CPR 31. 14, and also a section 77/78/79 request to the claimant to which I have received no response.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

6.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.

 

7.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.

 

 

#########End#########

 

 

 

 

 

Signed

I am the Defendant - I believe that the facts stated in this form are true

xxxxxxxxxx

21/10/2014

 

Defendant's date of birth

x/x/19xx

 

Address to which notices about this claim can be sent to you

xxxxxxxxxxxx

 

Telephone number

xxxxx

 

I am unsure about where i have put Hitachi Nova in the defence should it be Cabot Financial ? not sure if i have all the correct including this part below

 

 

it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Not really sure if this applies to my case so should i leave it out?

Should i put somewhere in the defence that i don't have any idea what and who this debt is for or does the above say enough about this. also this debt if it is mine must be nearly 6 years since i paid anything (as stated in my first post) should i also say it is statute bared ?

 

Many thanks for all help

 

Vauxman

Edited October 16, 2014 by Andyorch
Particulars brought forward for cross referencing

[AndyOrch]

Defence edited......vauxman have you never had an agreement with hitachi nova ?(they provide credit for others) say you bought a laptop from Comet...they would provide the credit.

 

Andy

[vauxman]

Hi Andy Yes i think its possible that when i lived with my ex i may have had hp on some furniture so this is maybe where the Hitachi bet comes from.

Sorry if i am unsure, the part you have edited in my post the bit that shows in red at the top part 1 and 2. do i add that to the rest of the defence below that ?

 

Vauxman

 

Sorry Andy have just realized that the bits in red at the top i see you have said Particulars of ClaimFor reference only not to be submitted with defence.

 

Should have read it properly its been a long day :| so the defence is now good and i can submit the above without the bits in red:lol:on the mcol on 21st

 

 

Edited October 16, 2014 by vauxman

[AndyOrch]

Okay so what are the reasons of dispute ?

 

You dont submit anything in red that for me to check what you are defending against.

[vauxman]

Reasons of dispute.. I dont think they have the correct documentation to collect this debt as this has been with another dca before i think , i still am unsure if i did sign a agreement with Hitichi , before i split with my ex in Jan 2009 i had all sorts of credit cards, store cards and loans and she had some, most were in my name stupid me !!!, she was the main wage earner by a long way and when we split i had no chance of paying these and still dont , some i have not heard anything from for a long while , but as these are getting near the 6 year statute bared limit some may be trying to get collect , i was hoping to get past this to avoid considering bankruptcy as i dont own my home or a car or any major assets

Hope that makes some sense

 

Vauxman

[AndyOrch]

Okay so you seek to clarify the claim...yes the defence is ok you need to confirm which section request you made for the agreement IE 77/78/79 marked in red in the defence.It does not require anything further after point 7.

 

Regards

 

Andy

[vauxman]

Hi Again and thank you for all the help Andy

 

Regarding your last post the part about 77/78/79 is that the bit i put in the CCA REQUEST which i was told earlier in this post to send the CCA Request under s79 to the claimant??

 

Thanks Again

 

Vauxman

[AndyOrch]

If it was a HP agreement then yes Section 79 is correct so just amend the defence to Section 79.But was it HP?

 

Andy

[vauxman]

Hi All just a up date . Received a letter from the court acknowledging my defence and the sending a copy to the claimant saying they have 28 days to respond.

 

no reply ( apart from acknowledgement letters listed above )from cca or cpr request both sent by recorded delivery on 27/09/2014.

 

Is there anything i should be doing or is it just waiting .

 

Many thanks

 

Vanuman

[vauxman]

Hi All .

 

Just want to ask again how long have the company's and solicitors have to respond to my defence and cca and cpr

had letter on 28/10/2014 from their solicitor to say they have received my defence from court are taking instructions from their client is there a time frame for all this

Many thanks

 

Vauxman