County Court Mortimer/Cabot

[Sandcastle20]

Hi Everyone,

so so happy I have found this forum. I have received a claim form from county court business centre and just would like to know how to proceed with it.

thank you and thanks for having me.

[Sandcastle20]

XReceived a claim? Yes
Issue Date: 30/10/2018
Have you Acknowledged the Claim?: not yet
Total Amount Claimed : £1600 Including fees

Claimant’s Name:Cabot Financial
Solicitors Firm: Mortimer Clarke
Original Creditor:Sav credit/aqua card
Original Debt (eg. Credit card
Particulars of Claim: By an agreement between SAV credit Re Aqua & the defendant on or around 18/02/2016 (the Agreement ) SAV Credit Re Aqua agreed to issue the Defandant with a credit card. The defendant failed to make the minimum payments due and the agreement was terminated. The agreement wa assigned to the Claimant. The claimant therefore claims £1400
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): not barred, I was paying then I lost my job, not working at the moment.
List any letters you have sent (eg: CCA/ CPR )
Any Other Information or Background Details: if I remember correctly, I did contact them to say that I am unemployed. But it's been such a long time. I will try to log into my online account, everything was done online.

[Amethyst]

Hiya xxx

Okay get the claim acknowledged with intent to defend in full.

Aqua were Newday in 2016 as far as I'm aware so they have a little issue there.

Presumably there was no PPI on the card or anything to help when you lost your job?
Many other debts to deal with ? ( have you been in touch with anyone like Stepchange or CAB to make sure you are getting all your entitlements and keep any debts under control while you're not working? ) CCA Request to Cabot
CPR 31.14 Request to Mortimer Clarke - agreement ( they don't mention anything else )
Subject Access Request Letter - to Aqua

[Sandcastle20]

Thank you Amethyst. I am new to this, so I will follow the instructions. If I am stuck, I will get back to you. I sent off the CCA today and stupidly forgot to include the £1.00 postal order. I will do that tomorrow post haste.

[Sandcastle20]

County Court Mortimer/Cabot

hi Ameythyst, I have followed the procedures as advised and received a response from Cabot that unfortunately they currently do not have the relevant information on file, so they will be requesting a copy of the credit agreement and terms and condition from the original lender. Etc

also, a response from Mortimer that they acknowledge my request for documents pursuant to section 78 of the Consumer Credit Act of 1974...... that they do not have the documentation and have asked their clement and awaiting. Will get back to me. Matter has now been placed on hold.

no response from Aqua to date.

[Amethyst]

Shame for them.

If they haven't said that they agree to a formal extension under the CPR as you requested in your CPR letter then you do still need to put your defence in ( it's due end of this week? ) so you can start putting that together - the example is basic and you'll want to add in their responses to the letters so far - Example Defence
I'd deny having ever had any agreement with SAV Credit (because, simply, you never have ) and put them to strict proof. Have a draft and post on here and will help you a bit with it if you like xx

[Sandcastle20]

County Court/Mortimer

Hi Amethyst,
i have received a batch of papers from Aqua dated 21st November. It includes a letter I sent to them informing them that I lost my job and asking them to withhold interest to give me a bette chance of paying of my debt. Included in that letter is notification that I just made a payment.
I do not remember their response to me or see one in the batch of papers.

i will attempt to take the next step as advised.
thanks

[Sandcastle20]

Hi Amethyst, who is SAV??

[Amethyst]

SAV credit are the company who ran Aqua Cards in between Barclaycard and Newday. When your card was taken out ( 2016 ) Aqua were run by Newday.

Is there a copy of the agreement in the bundle from Aqua ?
Is there a Default notice ? details of the default etc ?

Have you got your defence drafted yet? If not let me know as you need to get it in in the morning really.

You did not enter into any agreement with SAV credit as alleged in the Particulars of Claim.
No credit agreement has been provided - so the debt in unenforceable under s 78(6) CCA 1974.

Make sure those points are in the defence.

[Sandcastle20]

SAV credit are the company who ran Aqua Cards in between Barclaycard and Newday. When your card was taken out ( 2016 ) Aqua were run by Newday.

Is there a copy of the agreement in the bundle from Aqua ?
Is there a Default notice ? details of the default etc ?

Have you got your defence drafted yet? If not let me know as you need to get it in in the morning really.

You did not enter into any agreement with SAV credit as alleged in the Particulars of Claim.
No credit agreement has been provided - so the debt in unenforceable under s 78(6) CCA 1974.

Make sure those points are in the defence.

Hi Amethyst, thanks for advice, I sent off the letters to Newday, Aqua and Mortimer. I have only heard from Mortimer, saying that they do not hold the documentation I requested. The matter has been placed on hold and no further action will be taken.