County Court claim form received help needed please

[confused man]

Received a claim? Yes
Issue Date:22 May 2023
Have you Acknowledged the Claim?:Not Yet
Total Amount Claimed : £7000
Claimant’s Name:Cabot Financial (UK) Ltd
Solicitors Firm:Mortimer Clarke Solicitors Ltd
Original Creditor:New Day Ltd /Aqua
Original Debt (eg. :Credit Card
Particulars of Claim: By an agreement between New Day Ltd RE Aqua & the defendant on or around 28/11/2012 (the Agreement) New Day Ltd RE Aqua agreed to issue 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 the Claimant, THE NAMED CLAIMANT THEREFORE CLAIMS PLUS COSTS.



Is the debt Statute Barred Unsure but I think the last payment and contact I made was April/May 2017 not sure when the default date was.
List any letters you have sent None
Any Other Information or Background Details: Health issues and had made an arrangement with Aqua to go on a lower monthly payment plan which they initially agreed I think I made 1 of the lower payments before they passed it on to collections. Long story short they sold the debt to Cabot who passed it around a few times then it went quiet until recently.

[echat11]

Hi Confused Man

Welcome to LB

a) You can Acknowledge of Service online via MCOL, (deny to all) that will give you an extra 14 days to file your defence, so that's 14 + 14, 28 days (plus 5 days postal) from the date on the claim form, make a note in your diary,

You need to get your Defence in before that date. Update the thread 5 days before your Defence is due so help can be provided for your defence.

b) Send the CCA request, make sure you get Proof of Postage -

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

c) Send the CPR 31.14 request, make sure you get Proof of Postage -

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

d) Send a Subject Access Request to the original creditor, make sure you get Proof of Postage -

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

[confused man]

I have done everything that was suggested as above thanks.
Today I have received this letter from the solicitors (please see attached file) I have heard nothing from Cabot themselves or Newday. What does this mean can they still take me to court if the correct paperwork is found or is this the end of it all? I am still 99% sure the debt is now over 6 years this June but they started court action in May 2023, does that mean it will never be classed as barred?

[atticus]

1. The court claim was started within the 6 years. If the claim is continued, then on the information you have given it will not be time-barred.

2. The solicitors are telling you that they have asked their client for the documents, and that they will forward them to you when they receive them. Until then, they say, they will not take any further action.

[echat11]

See what they send what doocs they send you.

Remember a Defence needs to be lodged with the Court / Claimant, if you've acknowledged the service of the claim, you get 14 + 14 days from the 22nd May.

Your defence needs to be in by the 19th May. Here is a sample defence, so you can make a start on it, as you have some facts.

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

Copy and paste it on this thread, without personal details, Then we can suggest amendments.

[confused man]

See what they send what doocs they send you.

Remember a Defence needs to be lodged with the Court / Claimant, if you've acknowledged the service of the claim, you get 14 + 14 days from the 22nd May.

Your defence needs to be in by the 19th May. Here is a sample defence, so you can make a start on it, as you have some facts.

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

Copy and paste it on this thread, without personal details, Then we can suggest amendments.

Is this OK the bit I am not sure of is the bit about the statement of truth and what I need to amend and I am not sure about the 77's 78's symbols and what they mean.
I am confused by all of this jargon.

Northampton County Court Business Centre

Claim No:

CABOT FINANCIAL (UK) LIMITED

Claimant

And

MR

Defendant

DEFENCE

1.The Defendant received the claim from the Northampton County Court on 22 MAY 2023

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 entered into an agreement with Original Creditor New Day Ltd RE Aqua 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 on or around 28/11/2012

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 New Day Ltd RE Aqua to CABOT FINANCIAL but no date provided so the Defendant does not recall receiving notice of this assignment.

9.It is denied that New Day/Aqua 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 30/05/2023 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. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

12.On the 30/05/2023 The Defendant sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited 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 Consumer Credit Act 1974 and by virtue of 78 Consumer Credit Act 1974 cannot enforce the agreement.


14.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.

15.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.

16.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 ________

[echat11]

The Defence can be emailed to the Court.

The email address for the Court is ccbcaq@justice.gov.uk , you will get an automatic acknowledgement of receipt.

In the email subject line write the following Defence - XXXXXXXXX v XXXXXXXXXX - Claim No: XXXXXXXXXX

In the email add a few more details i.e. Defence attached etc.

Remember to send the Claimant's solicitors a copy, make sure you get Proof of Postage.


--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Northampton County Court Business Centre

Claim No:

CABOT FINANCIAL (UK) LIMITED

Claimant

And

MR

Defendant

DEFENCE

1. The Defendant received the claim from the Northampton County Court on 22 MAY 2023

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 entered into an agreement with Original Creditor New Day Ltd RE Aqua 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 on or around 28/11/2012

7. The Claimants statement of case states that the account was assigned from New Day Ltd RE Aqua to CABOT FINANCIAL but does not give a date. The Defendant does not recall receiving a notice of assignment.

8. It is denied that New Day/Aqua 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 30/05/2023 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. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11. On the 30/05/2023 The Defendant sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited 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 Consumer Credit Act 1974 and by virtue of 78 Consumer Credit Act 1974 cannot enforce the agreement.

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. 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.

15. 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.

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

Statement of Truth

I believe that 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 ________

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I've taken the following out as you don't know when you were defaulted, but it does look like their claim was made within the 6 years.

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

Also added 13 which was left out.

[confused man]

thank you for your help with the defence, I have emailed to the court and have received the acknowledgment I will be sending a paper copy to the solicitors first thing in the morning along with proof of postage, What happens now do I just wait?

[echat11]

thank you for your help with the defence, I have emailed to the court and have received the acknowledgment I will be sending a paper copy to the solicitors first thing in the morning along with proof of postage, What happens now do I just wait?

They have 28 days to respond (post with a summary when they do respond).

The Court will send a Directions Questionnaire (you can consider Mediation, dependent on what documents they send).

Possibly a Mediation meeting.

If it's not resolved, then the Parties exchange Witness Statements.

Then a Hearing.

[confused man]

Update as of today, 21/06/2023.

I received a letter from the court, Acknowledgment of defence also advising me they have sent a copy of my defence to the solicitors and the 28 days given to them after receiving my defence,

To Date I have not received any communication from New Day/Aqua or Cabot themselves.

Also received a letter from Mortimer Clarke solicitors today to confirm they received my defence and that they are sending it on to their client for their comments. They say this may take some time, especially if their client needs to go back to the original creditor.

They have said that the matter has been placed on hold and no further action will be taken.

Is it standard practise for Aqua or Cabot to not of replied to myself by now even though I requested information from them.

Thanks.

[MIKE770]

Hands of solicitors now ignore on hold follow court instructions when received

[echat11]

Edited.

[confused man]

As of to date 24/07/23 I have not heard anything from the court, Mortimore Clarke solicitors or Cabot since my last post on the 21/06/23.
what happens now should I just wait as surely the 28 days has passed.

[MIKE770]

sounds as if case stayed (Laid up at court) as issuers failed to respond within 28 days if they want to continue case then they have to pay to un-stay case, sit on your hands for now.