Cabot vs Reiss (Again)

[Reiss]

Hi All,

It's been a while since my last post in 2016. The last time i was on here, my partner and i were buying a property (we got it) thanks to all the help from the amazing people on this forum NEMESIS45 & KATI


To my shock i have received a Claim Form from Cabot/Mortimer. If only my memory was as good as it was in 2016 as i have slightly forgotten the process.


Particulars of Claim are:

Particulars of Claim By the Defendant on Or around xx/xx/2015 ('the an agreement between Bank Of Ireland UK & Agreement) Bank Of Ireland UK agreed to iSS ue the Defendant with a credit card.
The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice.
The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. THE NAMED CLAIMANT THEREFORE CLAIMS 1.3800 2. Costs




Actions i have taken so far:

Claim for dated: 15/02/24

Acknowledged the service as of today 26/02/2024

Preparing the CPR 31.14 request to send to Mortimer

Documents i am requesting are as stated in the claim are:

1. Agreement
2. Default Notice

I will also send a CCA to Cabot.


With regards to this claim is there anything i should be aware of or mention any particulars?


Thanks in advance to you all.

[echat11]

a) What you need to do is Acknowledge the claim online, that will give you an extra 14 days to work on you defence, so that 28 days in total, plus 5 days post.

b) Send Cabot a CCA request for your account, they have 12 days to provide you with a copy of your original agreements. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

c) Send Mortimer Clarke a CPR 31.14 Request, they have 7 days to provide documents they are relying to make the claim. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

d) Send Bank of Ireland a SAR for the account, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Make sure you get your defence in on time, so 28 days from the date of the claim letter, note it in your diary, if you want the Defence checked post 5 days before it's due.

e) This is an example defence, amend it carefully to suit the current situation, wait nearer the 23th day (to see what documents you receive). Send a copy to the Court and their solicitors, make sure you get Proof of Postage for both.

https://legalbeagles.info/library/gu...-court-claims/

[Reiss]

Hi echat11 I have left it till today to see if i will receive any replies back to the letters i have sent....but nothing.

My defence end date is tomorrow unfortunately.

Would would be my options at this stage?

Kind regards

[echat11]

Hi echat11 I have left it till today to see if i will receive any replies back to the letters i have sent....but nothing.

My defence end date is tomorrow unfortunately.

Would would be my options at this stage?

Kind regards

Look at e)

Have a go at doing the Defence, copy and paste back onto this thread, I'll take a look. You can then lodge it with the Court via MCOL.

[Reiss]

echat11 thank you for taking the time to review this, its high appreciated.

I can't find the date that Mortimer took on the debt.

Please see below my first Defence Draft


DEFENCE

1.The Defendant received the claim L7****** from the Northampton County Court on 15th February 2024.

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 Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Cabot Financial (UK) Limited 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 fail to state when the agreement was entered into on 13/10/2015

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]

8.The Claimants statement of case states that the account was assigned from Cabot Financial (UK) Limited to Mortimer Clarke Solicitors LTD on ??????. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Cabot Financial (UK) Limited 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.

10.On the 04/03/2024 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 Solicitors LTD. I requested the Claimant provide copies of the Agreement.

11. Mortimer Clarke Solicitors LTD has not sent any of these documents to the Defendant.

12.On the 09/03/2024 The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.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.

1. The Defendant have 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.
2. 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

I believe the (claimant or as may be) believes that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ________

[echat11]

The debt was assigned to Cabot, not Mortimer. If it doesn't state that under Particulars of Claim, then they have given you that information.
Read it several times to ensure it's correct. Remember to re-number.


DEFENCE

1.The Defendant received the claim L7****** from the Northampton County Court on 15th February 2024.

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 Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Cabot Financial (UK) Limited 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 that the agreement was entered into on or around 13/10/2015.

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. Is is statute barred? If not remove it and renumber

8.The Claimants statement of case states that the account was assigned from Cabot Financial (UK) Limited to Mortimer Clarke Solicitors LTD on ??????. The Defendant does not recall receiving notice of this assignment. It was assigned from Bank of Ireland to Cabot, but no date has been given for the assignment.

9.It is denied that Cabot Financial (UK) Limited 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.

10.On the 04/03/2024 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 Solicitors LTD. I requested the Claimant provide copies of the Agreement, the default notice and letter of assignment.

11. Mortimer Clarke Solicitors LTD has not sent any of these documents to the Defendant.

12.On the 09/03/2024 The Defendant 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.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.

1. The Defendant have 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. Remove this.
2. 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

I believe the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ________

[Reiss]

echat11 Thank you so much for the help...THANK YOU!

Answering your question above, Its not statue bared, so I have removed.


DEFENCE




1. The Defendant received the claim L******** from the Northampton County Court on 15th February 2024.

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 Credit Card agreement regulated under the Consumer Credit Act 1974.

4. It is admitted that the Defendant has previously entered into an agreement with Cabot Financial (UK) Limited 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 that the agreement was entered into on or around 13/10/2015.

7. The Claimants statement of case states that the account was assigned from Bank of Ireland to Cabot, but no date has been given for the assignment.

8. It is denied that Cabot Financial (UK) Limited 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.

9. On the 04/03/2024 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 Solicitors LTD. I requested the Claimant provide copies of the Agreement, the default notice and letter of assignment.

10. Mortimer Clarke Solicitors LTD has not sent any of these documents to the Defendant.

11. On the 09/03/2024 The Defendant 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.

12. 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.

1. 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.

13. 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.

14. 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.

15. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.


Signed

Dated ________

[echat11]

No. 8 should read Bank of Ireland, not 'It is denied that Cabot Financial (UK) Limited'.

Point 13 is (you know this) - 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.

[Reiss]

Thank you echat11 i have lost my touch, but you have helped me regain it. I will submit today with the amendments you have kindly provided.

Thank You



DEFENCE

1. The Defendant received the claim L7CD079F from the Northampton County Court on 15th February 2024.

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 Credit Card agreement regulated under the Consumer Credit Act 1974.

4. It is admitted that the Defendant has previously entered into an agreement with Cabot Financial (UK) Limited 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 that the agreement was entered into on or around 13/10/2015.

7. The Claimants statement of case states that the account was assigned from Bank of Ireland to Cabot, but no date has been given for the assignment.

8. It is denied that Bank of Ireland 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.

9. On the 04/03/2024 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 Solicitors LTD. I requested the Claimant provide copies of the Agreement, the default notice and letter of assignment.

10. Mortimer Clarke Solicitors LTD has not sent any of these documents to the Defendant.

11. On the 09/03/2024 The Defendant 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.

12. 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.
1. 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.


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. 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.

15. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed

Dated ________

[Reiss]

i see above point 13 is the same as point 12.1 so deleted the 12.1 in my defence statement

[echat11]

i see above point 13 is the same as point 12.1 so deleted the 12.1 in my defence statement

That sounds like a good idea. I think you got confused with post No.8 and mistakenly inserted in, when I was simply referring to the 'numbering'.

[Huxie]

⬆️ HARMANKHANNA is a bot/spammer and has been reported.

[Reiss]

Hi echat11 hope all is good and well on your side.


I received a letter today that says the below, i guess now i have to wait for a response.



I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor).
The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

[echat11]

Hi echat11 hope all is good and well on your side.


I received a letter today that says the below, i guess now i have to wait for a response.



I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor).
The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

A standard response.