Cabot/mortimer ClaimForms - 2 sep Next Account Cat Debts

[kjw327]

Name of the Claimant ? Cabot Financial (UK) Limited (This is same for both debts)

 

Date of issue – 30 MAY 2019  (Am I correct in calculated that I have until 17 June to acknowledge and until 01 July to submit a defence?)

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim?

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"

 

My wife's is exactly the same with the exception of the date for agreement being 16/05/2011 and the claim being for 1730.00 and costs.

 

What is the total value of the claim?  - mine is £1759, wife's is £1915

 

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? - Yes

 

Did you inform the claimant of your change of address? - The original company were informed of address changes.

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? - CAT debts

 

When did you enter into the original agreement before or after April 2007 ?  - After on both debts.

 

Do you recall how you entered into the agreement...On line /In branch/By post ?  - Possibly online

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?  - Yes to both debts.

 

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. - Both debts assigned.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? - I do not think so.

 

Did you receive a Default Notice from the original creditor? - Possibly.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - No to both debts.

 

Why did you cease payments? - Financial difficulties, increased housing costs due to relocation of work.

 

What was the date of your last payment? - Late 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, this is my first post and I would be grateful for guidance. 

I have had a few days away with work this week and arrived home today to discover that both myself and my wife have received Claim Forms for one individual debt each. 

 

The details are as follows:

 

I think I have covered all the points but please let me know if there is anything else that is required to get started.

 

I would be very grateful for support and guidance.

 

Many thanks

Kj

[kjw327]

There are no account numbers listed on either POC.  

I have tryped verbatim from the first and the only difference in the second is the agreement date and the value.

[kjw327]

Yes, we each had a separate account.  

 

Sorry for the confusion caused by my reply, they were both catalogue accounts.

 

Thanks for the guidance.  I shall complete the online actions in the morning and prepare the letters to go in the post on Monday. 

[kjw327]

Mortimer 

[kjw327]

Quick question:

 

When submitting the CPR 31.14 Request do I only ask for the agreement, or am I asking for this as well as the other documents? 

 

In the POC it clearly refers to "the agreement" and then makes reference to the fact that the agreement was terminated and the agreement was then assigned to the claimant.  

[kjw327]

Thank you 

 

[kjw327]

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. 

 

[kjw327]

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

[kjw327]

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

Edited June 25, 2019 by kjw327

[kjw327]

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. 

[kjw327]

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

[kjw327]

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

 

[kjw327]

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.

 

 

[kjw327]

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

[kjw327]

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. 

[kjw327]

Thanks Andy, will submit this on Monday. 

[kjw327]

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.  

[kjw327]

Evening, thanks for re-opening this thread.

 

This update is in relation to the account in my name only.  The other one has had no updates at all.

 

On 24 Aug 21 I received a letter from the solicitors, MC, via email.  Also attached was a document that had CCA, default notice, letters from Next and Cabot as well as a long list of statements and a copy of their original PAP letter.  I did not at the time recognise that the documents were attached and mistook the email for one that was fishing, so ignored it.  

 

Fast forward to Friday of last week and I received a follow up email and attached letter from MC.  Seems like they want to take some action again.

 

Attached PDF contains: 1st letter, CCA, one page from the statements, default notice, letters from Next and Cabot about the selling of the debt and the letter from MC sent on Friday.

 

Any advice on what my next action should be?  

MC Letters & CCA.pdf

[kjw327]

These are the first emails they have ever sent to me. 

 

I think back in the very beginning, before I was wise to some of the ways and the methods they employ that I had entered my details on the reply to the PAP,  likely that I signed it too........... 

 

Not come across a N180 just yet.

[kjw327]

Hi, I am seeking some guidance in relation to a new development with one of these accounts.  It is the same one that was resurrected briefly in Oct 2021 (the status of the other remains as it was).

 

I cannot yet upload a copy, and will do so when I am able, but today I have received a letter that advises:

 

“we write is relation to the hearing which has been listed for Friday 24 March at 3:00pm”

 

And that:

 

“we enclose a schedule of costs in readiness for the forthcoming hearing.  The claimant will rely upon this document alongside the application and witness evidence previously served upon you”

 

The schedule of costs lists a fee for a ‘summary judgement application fee’.

 

It is also listed for a court that is 250 miles from where I live.

 

What’s my best first action?

[kjw327]

I last moved in September 2019, they have written to me at this address in 2021 and sent a letter asking me to pay or they would take further actions.  I am not currently at home so cannot be 100% accurate with the wording of this or when it was sent.

 

Those additional costs add up to an additional £815.

 

I have not received anything a copy of an n244, unless this has arrived today.

 

Today's information arrived as an attachment to an email address that they have accessed from previous documentation.  The email mistake was from when I first completed a reply to PAP and didn't know better. 

 

The docs I have are what they sent in Oct 21 and are at post #34.

Edited March 17, 2023 by kjw327

[kjw327]

I don't think it was ever transferred out from the original bulk claim.

 

Sorry, but I am really not sure what I should do...

Edited March 17, 2023 by kjw327

[kjw327]

I thought that I had covered that by updating my registered details on MCOL 

 

How do I get the n244?  Northants Bulk or the transferred to court?

 

I feel physically sick, I genuinely thought I had all basis covered.

 

Am I buggered here, or is there something that I can do to work with this?

[kjw327]

Thanks DX, I appreciate the guidance.

 

I've logged in, MCOL has current address.

I know that I updated the address on 6 December 2021 as I have a screen shot that is time and date stamped.  

I'll call them Monday and see what happens.

[kjw327]

Update:

 

Contacted Northampton. They advised that they had nothing available to send me, that MC had made the application to lift the stay and this was granted on 1 Feb 23 and transferred to CC local to the address that they had.  A letter informing me of this action was sent to that address.  They could not provide me with any additional information.

 

Contacted the CC claim has been transferred to and explained situation.  They advised that an update in the HMCTS/MCOL to registered details does not transfer.  They informed that they could provide me a copy of all submitted documentation but that I would have to request this via email.  I have done so.

 

I asked what options were available to me, given the circumstances of how matters have progressed, the time to the hearing and the distance to the court from where I live now (500 mile round trip).  It was explained that it is possible to submit a N244 to request the hearing be adjourned and re-listed. 

 

Is this my next move?