Mortimer & Cabot Vs Koop88

[Koop88]

That's a good thing when they do get sold off to debt purchasers, usually the interest stops. No it isn't helpful at all.

Might be worth holding fire and just dealing with this court claim until the New Year then - you don't need to be sending money for debts when the future is a little uncertain, so unless they are really chasing you and threatening court action you should to be safe keep them filed until after December, then any installment plans you do organise can be based on your reduced income, and you then will have the option to increase if things improve

If Wescot has bought the debt then I guess I'll have to find out why sainsbury is still charging the interest.
Sent the CPR, will do CCA after work as I forgot my card to do postal order. Felt tempted to throw a pound in there but I guess it won't count...

Assuming Cabot produce the paperwork, will I start mounting the defence then? Realistically, what's the happiest outcome - the case is thrown out of court and we settle into a payment plan?

[MIKE770]

wescot do not buy debt they try and collect on commission basis for owners

[Koop88]

wescot do not buy debt they try and collect on commission basis for owners

So then the interest will just keep being added on?

[MIKE770]

Amethyst

[Amethyst]

It's a possible but when negotiating installments, if that's what you chose to do, you should ask them to halt the interest, or you're just chasing your tail. I'll have a scout about later and see what Westcot tend to do with Sainsburys card accounts and who they get sold on to.

There's no rule on paying by postal order or cheque for the £1 - but I don't think they'll accept a £1 selotaped to a card

Assuming Cabot produce the paperwork, will I start mounting the defence then? Realistically, what's the happiest outcome - the case is thrown out of court and we settle into a payment plan?

Depending what paperwork they produce you can look at negotiating a settlement or defending - it is extremely unlikely they will provide the paperwork before you file your defence though - but realistically with such a recent debt it is likely they will obtain the documents at some point. So be preparing your IE sheets etc.

Best outcome is they can't find anything and discontinue the claim before any hearing, but after you file a defence ( then they couldn't come back for another go later ).

Worst is they refuse to settle go to the court hearing with all the documents and obtain a judgment against you - which sits on your file for six years and you pay by installments.

Likely is you'll defend, the case will go on hold for a while until they produce documents and then you'll negotiate an installment plan under a 'tomlin' order ( the case stays on hold while you make payments ).

As it is likely to go that way, it's a good time to try to negotiate installments and a consent/tomlin order between the case going on hold after defence and them producing the documents.

Really though it's a see what happens and keep your thread up to date with anything you hear from them.

They may respond to the letters to say the account is on hold.... it isn't and you must stick to the timetable set by the court ( so your defence will need to go in on time regardless, otherwise they could get a default judgment against you )

I wish there were exact answers for you, but every case is different and it's a little bit like a game of chess I'm afraid, knowing when and how to make the next move for the best outcome possible.

[Koop88]

Amethyst

Thanks for all the information. I guess it's just a matter of waiting now to see what they respond with.

What are IE sheets? I saw the link regarding building a defence so I can read that more in depth this weekend. Will I submit the paperwork through the moneyclaim website?

[Amethyst]

Your defence will go through the moneyclaim website yes You can email it to the court if there's a problem with moneyclaim online ( which happens a fair bit ).

IE Sheet ( Financial Statement / Income and Expenditure ) - the NedCAB site is a good ( trusted) site to help with the calculations - https://nedcab.cabmoney.org.uk/quickfs.asp

The DCA's will use the 'Standard Financial Statement' which is a MoneyAdviceService led statement industry standard, which forms the basis of the Nedcab financial statement.

[Koop88]

Your defence will go through the moneyclaim website yes You can email it to the court if there's a problem with moneyclaim online ( which happens a fair bit ).

IE Sheet ( Financial Statement / Income and Expenditure ) - the NedCAB site is a good ( trusted) site to help with the calculations - https://nedcab.cabmoney.org.uk/quickfs.asp

The DCA's will use the 'Standard Financial Statement' which is a MoneyAdviceService led statement industry standard, which forms the basis of the Nedcab financial statement.

Thanks, I'll fill it in tonight. So regarding the defence, as time is running out, shall I just submit it prior to 11th September? I haven't heard anything back from the DCA or Mortimer.

[Amethyst]

YEs, you will need to file a basic defence ( primarily on the lack of information/documents provided as per the example ) by the dead line if you havevn't heard anything back. Example Defence

[Koop88]

YEs, you will need to file a basic defence ( primarily on the lack of information/documents provided as per the example ) by the dead line if you havevn't heard anything back. Example Defence

if i'm missing certain info to add to the defence, like dates (8. for ex) do i just remove it? Might be easier if i send you the entire doc once i'm done lol if that's okay?

[Koop88]

If someone could have a look & let me know what to amend/remove. Much thanks!

[Koop88]

Amethyst if you’re around?

[Amethyst]

Hi xx Having a look now for you

[Amethyst]

Did you not ask for the default notice in your CPR letter ?

For ref credit cards are running credit so s.78 rather than s77 which is fixed sum loans.

I've added in some personal mitigation which might assist in the settlement negotiations later, or might be ignored, but won't hurt your case at all.


Amended so far

In the Northampton County Court Business Centre

[000000000]Claim No:




CABOT FINANCIAL (UK) LIMITED

Claimant

And




Ljm

Defendant

DEFENCE

1. I received the claim 00000000 from the Northampton County Court Business Centre on 14^th August 2018.
2. The Claimant’s statement of case reads
“By an agreement between Virgin Money Plc and the defendant on or around xx/04/2016, (the agreement), Virgin Money Plc agreed to issue a credit card. The defendant failed to make the minimum payments due and the agreement was terminated. The agreement was assigned to the claimant. “

3. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
4. The Claimant states in the Particulars of Claim that their claim is based upon an Agreement, regulated under the Consumer Credit Act 1974, for a credit card account with Virgin Money Plc, dated 6^th April 2016.
5. Between 2016 and 2018 I have had a very difficult time personally and was diagnosed with Depression, consequently I have little recollection of any accounts. I believe I may have held a credit card account with Virgin Money however in order to plead effectively and fully consider my position I require more information from the Claimant, which I have requested ( see paragraphs 10 and 11 below ).
6. In order to try and recover I organised a debt management plan with StepChange which sadly failed as I was unable to keep up with requests for further information and details of my debts. I’m afraid I stuck my head firmly in the sand until receipt of the claim in this case. I do not wish to avoid paying any legitimately owed debt, however I simply do not have enough information at the moment and I request the court orders the Claimant to provide further information.
7. The Claimant states that the original account was assigned from Virgin Moneyto the Claimant but fails to state when this was.
8. The Claimant states that the agreement was terminated but fails to give any date of termination or the terms which gave rise to such termination.
9. It is denied that Virgin Money nor the Claimant served any Default notice pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served.
10. On 29th August 2018, I sent a request to the Claimantrequesting sight in accordance with CPR 31.14 of the following documents;
i. The Agreement between myself and Virgin Money Plc including Terms thereto.
ii. Notice of Assignment to Cabot Financial (UK) Limited.
iii. Deed of Assignment to Cabot Financial (UK) Limited
At the date of filing this Defence the Claimant has not sent any of these documents to me.

11. On 29^th August 2018, I sent a request to the Claimant, together with the statutory £1.00 fee, for a copy of the original Agreement pursuant to Section 78 of the Consumer Credit Act 1974. At the date of submitting this Defence I have not received this document from the Claimant.
12. The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
13. The Claimants hasn't provided any breakdown of the debt or provided any statements/transaction lists to show how the amount claimed has been calculated.
13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
16. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________