Cabot Financial UK Court Claim

[GeminiGirl]

Morning. I've been receiving letters from Cabot /Mortimer Clarke for a few months but have (stupidly) ignored them all. Now I have a county court claim, so decided to finally act. .It's for a debt from 2017 with JD Williams for 459 (inc costs).

Being a lurker on this forum and taking from other posts, I responded online with the acknowledgement of service and have opted to defend in full. Now though, I'm worried that I shouldn't have because my defense is pretty poor. I was abusing prescription drugs for years and got myself into debt thanks to online shopping while high.. credit cards etc. I've been clean since Dec 2017 and am now left to try and sort out the mess as and when it comes - and it's coming/arrived! I married at the start of this year and while he knows about my debt, I haven't told him yet about this new CCJ threat. I have 1 already (to Cabot) and I pay it off at 5 per month. I didn't realise I had the CCJ until I got a bailiff letter as I'd moved house. I decided not to try to get it set aside as it was my fault for not telling creditors I'd moved. So, that's where I am at the minute.

My husband isn't linked to me as we have separate accounts and no credit together, but I don't work so my income is small. I don't want him to pay my debts so I'm trying to sort this out myself. Reading posts on here, I presumed my next step would be notify courts of defence, then CCA request Cabot - but as it's a fairly recent debt I'm now thinking it's not worth doing. Is there anything else I can do to form my defence, like just ask Cabot to accept 5 per month for this? Or would I be better off cancelling the defence and taking it on the chin? I don't want the judge to think I'm wasting their time, which is probably what I am doing.

Should have asked here first, I know Any and all advice/admonishments welcome. GG

**I forgot to mention the reason I thought CCA request - because of my 'condition' at the time, I don't recall this account and the date I opened it isn't giving me any hits in old emails, so thought it worth a shot.If it's spot on then of course I'll have to pay.

**I should have posted this in the Cabot section, sorry

[Amethyst]

I think you have probably admonished yourself enough xxx Well done for getting through the issues you were dealing with so far, keep going, and don't let anything like this set you back - it's only money xxx

I agree with you that it is still worth doing the CCA request, and the CPR letter. Would you first be able to type out the particulars of claim please.

It's likely, if it was only taken out in 2017, that it was an online application/agreement and they'll be able to provide it pretty easily, but its suprising just how much they fail on what should be simple tasks. If nothing else it gives you a bit of time to get sorted ou and give you a better idea of what you might have bought and how the debt arose. As you might have a few of these due to pop up it might be an idea to go through your credit files, put together an income/expenditure statement and get yourself to CAB or Stepchange so that you can get on a level, with suitable payments to suit your circumstances, and avoid any more court claims popping up.

CCA Request

to Cabot

CPR 31.14 Request

to Mortimer Clarke ( asking for docs mentioned in the claim form)

Subject Access Request Letter to JD Williams


Then check your credit files and try get a bit of a plan (and support) together to deal with stuff proactively rather than waiting for it to bite you on the bum later - https://legalbeagles.info/forums/for...-report-access

[GeminiGirl]

Hi Amethyst, thanks for your kind words

I'm not going to be home until tomorrow now, so I'll update with the particulars then. If I recall, there was no info on the default date, just that I'd taken out an account with them (May 2017 I think) and that I failed to keep up payments. As such, the agreement was returned to me and when I failed to respond it was assigned to them. No dates again. So, are Cabot acting for the catalogue company or have they purchased it?

Like I said, I'm not disputing it's my debt just that I have no memory of it at all - if I made payments it would have been from an old bank account so I can't even check that atm. Should I mention that in the CCA request letter and give my reason for wanting the CCA? If they produce it, which is very likely, will I not get into trouble with the courts for choosing to defend the claim? Ultimately, I just don't want this to end up as a CCJ, but I'm well aware Cabot could refuse my offer of 5 per month.

With regard my credit report, I'm not sure I'm brave enough to have a look at that just yet... Would it be enough to just promise to deal with all letters as and when? I promise I won't throw them in the bin anymore

I'll post all the details tomorrow evening. Thanks!

[GeminiGirl]

Hi Amethyst - sorry for the delay, I was at work with my husband all weekend.

The particulars say "by an agreement between JD Williams & the defendant dated 13-09-2017 (' the agreement) JD Williams agreed to issue the defendant with a credit account. The defendendant failed to make the minimum payments due and athe agreement was terminated. The agreement was assigned to the claimant. The claimant therefore claims 1. 354.66 2. Costs"

It doesn't mention on which date I defaulted etc.

I'm going to be printing the letters off tomorrow to send, can you give me a hand if I need help amending them please?

[GeminiGirl]

Hi again. I've not heard back from Cabot or MC yet and I'm not sure what I need to be doing about my defence with the court - the deadline is soon so I don't want to get in any trouble. Do I have to write to them or do the creditors contact them?

Thanks.

[GeminiGirl]

Nothing in the post this morning again, so could I please get some advice on what I need to be doing next please? I think I only have a few days until I need to submit a defence so I'm panicking a bit. Thanks.

[GeminiGirl]

Post was late, and I've received a letter from Mortimer Clarke saying that as they haven't received a response to the claim pack, they've asked that the courts grant judgement in default in favour of the creditor! I've just checked the tracking info for my letter and it looks as though it wasn't delivered until the day they sent this letter!! I didn't think to check it was delivered successfully as I've never had a problem with recorded delivery before.

Can someone please let me know what I need to do now please? Will they just award the CCJ? Absolutely gutted.

[Amethyst]

Log in to your Moneyclaim online account and check the status - if needed and possible then acknowledge the claim there.

What have you sent to MC ? The acknowledgment of service ?

I'm going to read back through the thread as you seem to have gotten missed somehow. Can you confirm the date of issue of the claim?

[GeminiGirl]

Hi Amethyst! I acknowledged the claim online when I received it (it was sent on the 4th, received on the 8th Oct).

I've called Northampton just now and they said that no judgement has been awarded, so it's likely MC contacted the courts to do that and then found out I had opted to defend. Our letters appear to have crossed in the post.

The lady said I have until the 6th of October to give my defense, so the pressure is off a little. I'd like to get it in to explain what I've requested and the reasoning behind it though, so any pointers would be appreciated.

Thanks, and glad to hear from you.

**I sent MC a copy of the letter that I sent to Cabot requesting the CCA (I included the postal order). I also asked for details of the default and when it was assigned to Cabot. I've just noticed that you asked me to send a SARS to JD Williams, which I haven't done.

[Amethyst]

Ok so you'd sent the CPR and CCA letter to MC and it's that which you were concerned had crossed in the post ? rather than a defence or acknowledgment .... Phew

So the basic '''they haven't replied to my requests'' defence start point is here--> Example Defence

Defence is due 33 days from the Date of issue printed on the claim form - so if 6th November I assume the issue date was around 5th October. So yes you should be fine time wise to file the defence before Friday. So have a draft using the Example as a guide and post up here

As we said before it is likely it will be a case that they do provide the documents further along the line, but once your defence is in you are protected against the CCJ and can then see what they do actually provide documents wise and start looking at making offers to settle ( by instalment if needed ) outside of court without having another CCJ put against you.

[GeminiGirl]

So have a draft using the Example as a guide and post up here

I've had a look at the defence example, but a lot of it doesn't seem to apply - I'm not denying or admitting the debt as such, just requesting proof as I can't recall it. Can I amend it to say that somehow and explain my situation? I've put the parts I'm unsure about in Bold/Italic, so you can see what I'm struggling with.



In the Northampton County Court Business Centre

Claim No: [XXXXX]

Cabot Financial UK

Claimant

And

Me

Defendant

DEFENCE

1.The Defendant received the claim XXXXXXX from the Northampton County Court on the 8th October 2019.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4.It is [admitted/denied] that the Defendant has [previously] entered into [an agreement/agreement] with [Original Creditor /Claimant] for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim states the agreement was entered into on 13/09/2017

7.[The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years] Remove this entirely and renumber the next point?

8.The Claimants statement of case states that the account was assigned from JD Williams to Cabot on [Date]. The Defendant does not recall receiving notice of this assignment. There was no date given with regard the assignment, just that it was.

9.It is denied that JD Williams served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983. No mention of a default date, just that I failed to make minimum payments and that the account was terminated.

10.On the 15th October 2019 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke and requested the Claimant provide copies of the Agreement, Default Notice (I didn't request default details as it wasn't mentioned in the particulars) and Notice of Assignment.

11.Mortimer Clarke has not sent any of these documents to the Defendant. They've not really had time.

12.On the 15th October 2019 The Defendant sent a formal request for a copy of the original agreement to Cabot pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

14. The Defendant has asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. (No response as yet, but they only received the request on the 24th Oct, so do I just leave this out?? [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

15.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.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

18.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 ________________________________

[Amethyst]

Had a bit of a fiddle with it xxxx

I've had a look at the defence example, but a lot of it doesn't seem to apply - I'm not denying or admitting the debt as such, just requesting proof as I can't recall it. Can I amend it to say that somehow and explain my situation? I've put the parts I'm unsure about in Bold/Italic, so you can see what I'm struggling with.



In the Northampton County Court Business Centre

Claim No: [XXXXX]

Cabot Financial UK

Claimant

And

Me

Defendant

DEFENCE

1.I received the claim XXXXXXX from the Northampton County Court on the 8th October 2019.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Catalogue Account ( running credit ) agreement regulated under the Consumer Credit Act 1974.

removed - renumber accordingly

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim states the agreement was entered into on 13/09/2017. This is neither admitted or denied as I have not had sight of the documents. I have made purchases previously from JD Williams however am uncertain on what basis this was.

7. I have not received any breakdown showing how the sums claimed have been accrued or calculated.

removed ( and added a bit above) - renumber accordingly

8.The Claimants statement of case states that the account was assigned from JD Williams to Cabot. I do not recall receiving notice of this assignment and the Claimant does not give any date of such assignment. REMOVED on [Date] and added bit about no date,

9.The Claimant is required to prove that a Default Notice

pursuant to s87 Consumer Credit Act 1974

was served on me. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983. Amended slightly.

10.On the 15th October 2019 T I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke and requested the Claimant provide copies of the Agreementand Notice of Assignment. removed DN bit.

11.Mortimer Clarke has not yet sent any of these documents to me. They've not really had time. ----- their problem added yet

12.On the 15th October 2019 I sent a formal request for a copy of the original agreement to Cabot pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.I have not yet received any documents and therefore the Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

removed so renumber accordingly

15.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.

16.I respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

18.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 ________________________________

[GeminiGirl]

Fabulous! I'll amend when I get home. Thanks.

[GeminiGirl]

Hi Amethyst - sorry for leaving this until almost the last minute but I was ferrying eldest child around Manchester until 2am this morning - I'd forgotten about the deadline tomorrow. When I got home however, I'd received a letter from Cabot... I'm going to try my hardest to attach it to this so you can see it, but it doesn't seem to be what I asked for at all?

Can I put my defence in as late as the actual day?

**Can't upload it as PNG or jpg - it says it's too big! Any idea how I can show it to you?

[GeminiGirl]

I've tried converting it to PDF.