Cabot/Mortimer Claimform - JDW Jacamo account- stayed, now threat to lift stay and SJ

[cx085]

Which Court have you received the claim from ? County Court Business Centre

 

Name of the Claimant ? Cabot Financial (UK) Ltd

 

Date of issue –. 16 Jun 22

 

Particulars of Claim

 

What is the claim for – 

1.  By an agreement between JD Williams RE JAMACO & the Defendant dated 08/01/2015 ('the agreement') JD Williams RE JACAMO agreed to issue the Defendant with a credit account.

 

2. The Defendant failed to make minimum payments due.

 

3. The Agreement was terminated following a default notice.

 

4. The Agreement was assigned to the Claimant.

 

The Claimant therefore claims

 1. 3212.21

2. Costs

 

What is the total value of the claim? £3212
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not sure.
 

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? No

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

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. Debt purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure
 

Did you receive a Default Notice from the original creditor? Not sure

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, buried head in sand and ignored
 

Why did you cease payments? Couldn't afford payments
 

What was the date of your last payment? 2020
 

Was there a dispute with the original creditor that remains unresolved? Yes. IRL complaint now with FOS. At time account was opened I had 23 defaults and 2 CCJs on credit file. Jacamo increased credit limit over time from £125 to £3300.
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Not at the time

 

After receiving the claim, I acknowledged on MCOL. Sent CCA to Cabot and CPR to Mortimer Clarke.

Defended the claim. Will attach later.

Claim was stayed.

 

Then received letter from Mortimer Clarke via email with documents attached.

 

This was sent to my email which I never use for original account or any other accounts and is not on any forums or social media.

 

Have responded telling them not to use my email address in future, only post.

 

The documents contained a JD Williams credit agreement, No IP address.

 

They say a Default Notice was sent and included a screenshot to suggest one was sent,

 

but say "The recent case of Goodinson v PRA Group (UK) Ltd [2021] EWCA Civ 957 made it clear that having a copy of the Default Notice is not necessary for the Court to find that the debt has been defaulted correctly"

 

Letter goes on to say that I don't have a valid defence and they will apply to lift the stay and ask for summary judgement.

 

At this stage, is the best thing to not respond to solicitor and wait see if they apply to lift the stay?

 

Any thoughts on lack of default notice?

 

I have attached their letter, credit agreement, screenshot. Not included the pages of statements or copies of Cabot letters.

 

Mortimer Clarke JDW Documents.compressed.pdf

[NorthWalesGuy]

They dropped both of mine in the end. No paperwork. 

 

As regards to DN, in a recent Lowell case of mine, they tried that one.

 

The judge said the quoted case isn’t relevant. No DN…judge threw the claim out. 

[dx100uk]

Email is just a cheap way to harass 

 

Well done on everything, wish everyone was so thorough in reading up .10/10 

 

Dx

[whitelist]

On 20/09/2022 at 16:25, NorthWalesGuy said:

They dropped both of mine in the end. No paperwork. 

 

As regards to DN, in a recent Lowell case of mine, they tried that one.

 

The judge said the quotes case isn’t relevant. No DN…judge threw the claim out. 

This is interesting, can you give a reason to say why it was not relevant the issue of your own Default Notice being a judgement in the Court of Appeal?

 

Thanks

[dx100uk]

this thread is not for discussing the DN appeal cases  - plenty of those here already. its an active court claim thread.

 

dx

[AndyOrch]

2 hours ago, whitelist said:

This is interesting, can you give a reason to say why it was not relevant the issue of your own Default Notice being a judgement in the Court of Appeal?

 

Thanks

 

 

I have posted a response to your topic on this subject.

 

Andy