Caesar UE Diary

[Caesar]

Thank you all for advice. I really appreciate.

Who is named as the Claimant/debt owner on the claim form? Is it Cabot Financial Ltd or Cabot Financial (UK) Ltd.because that may matter?

The debt owner is Cabot Financial (UK) Ltd.

I should also ask what was the dispute you had with Aqua?

Was it PPI or some other issue?
Di

I complaint to Financial Ombudsman for Irresponsible Lending, but was rejected.


Di, I've also sent you an email.

[Joanna Connolly Solicitors]

6. Aqua

• Type of account (credit card)
• Date commenced ( Apr 2016)
• Approx balance £500
• Date last paid (July 2016)
• Not paying
• Status (default)
• Account owner (Cabot)

Aqua sold my account to Cabot in 2017. They sent me a lot of letters and phone calls. Answered once and told them I am disputing the account with Aqua and no other contact with them.

I should also ask what was the dispute you had with Aqua?

Was it PPI or some other issue?

Di

[Warwick65]

Hi Caesar

I do think you should email an un redacted copy ( don't obscure any details) of the front page of the claim form over to Di . That way she may be able to offer some options about ways forward.

In the meantime
You need to acknowledge the claim online- there should be stains in the claim pack about how to do this. Tick the defend all and do not write anything in the box

[Joanna Connolly Solicitors]

6. Aqua

• Type of account (credit card)
• Date commenced ( Apr 2016)
• Approx balance £500
• Date last paid (July 2016)
• Not paying
• Status (default)
• Account owner (Cabot)

Aqua sold my account to Cabot in 2017. They sent me a lot of letters and phone calls. Answered once and told them I am disputing the account with Aqua and no other contact with them. Last letter they sent me an I&E form in order to start a payment plan with them.

Feb. 2018 Sent CCA request to Cabot.
Feb.2018 Received reply form Cabot. They don't have this information on file. They won't be able to provide the information requested in 12 days but they hope to do this in 40 days.
Aug.2018 Received CCA request from Cabot. Reconstituted agreement and Niddy said it looks dodgy and very confusing but being new it's definitely Enforceable.
Sept.2018 Letter from Cabot that they are referring my account to Mortimer Clarke Solicitors.
Sept.2018 Letter of Claim from Mortimer Clarke
Sept.2018 Sent SAR to Aqua and CCA request to Cabot
Oct 2018 received letter from Mortimer Clarke Solicitor that they have requested copies of the original Agreement and other relevant documents. My account has been place on hold until these documents are obtained.
Oct 2018 received SAR from Aqua
April 2019 Letter from Mortimer Clarke Solicitors: Please find attached the following documents: Statement of Account, Reconstituted Copy of Your Agreement, Terms and Conditions from Aqua. Our client is not able to provide a copy of the original credit agreement. Our client position: our client would like to settle matters with you without the need for further court proceedings. We therefore ask that you put forward repayment proposals to address the outstanding balance.
May 2019 Replied to the 2nd Letter of Claim

Who is named as the Claimant/debt owner on the claim form? Is it Cabot Financial Ltd or Cabot Financial (UK) Ltd.because that may matter?

Was the reconstituted credit agreement sent to you in April 2019 exactly the same as credit agreement Cabot sent you in August 2018 in response to your first CCA Request? I can't see why you sent them two CCA Requests in 2018 - was there a reason for the second one?

Is there a credit agreement amongst the documents you received in response to your SAR to Aqua, and if so is it the same as the documents you've been sent by Cabot and Mortimer Clarke Solicitors?

You have 19 days from the claim Issue Date to file your Acknowledgement of Service, so go online (MCOL) and tick the box which says you intend to defend all of the claim. Don't fill in the Defence box at this stage until you'll established what your Defence will be. You have 33 days from the claim Issue Date to do that.

Di

[The Tech Clerk]

Diana Mayhew talk to her di@joannaconnollysolicitors.co.uk

[Caesar]

6. Aqua

• Type of account (credit card)
• Date commenced ( Apr 2016)
• Approx balance £500
• Date last paid (July 2016)
• Not paying
• Status (default)
• Account owner (Cabot)

Aqua sold my account to Cabot in 2017. They sent me a lot of letters and phone calls. Answered once and told them I am disputing the account with Aqua and no other contact with them. Last letter they sent me an I&E form in order to start a payment plan with them.

Feb. 2018 Sent CCA request to Cabot.
Feb.2018 Received reply form Cabot. They don't have this information on file. They won't be able to provide the information requested in 12 days but they hope to do this in 40 days.
Aug.2018 Received CCA request from Cabot. Reconstituted agreement and Niddy said it looks dodgy and very confusing but being new it's definitely Enforceable.
Sept.2018 Letter from Cabot that they are referring my account to Mortimer Clarke Solicitors.
Sept.2018 Letter of Claim from Mortimer Clarke
Sept.2018 Sent SAR to Aqua and CCA request to Cabot
Oct 2018 received letter from Mortimer Clarke Solicitor that they have requested copies of the original Agreement and other relevant documents. My account has been place on hold until these documents are obtained.
Oct 2018 received SAR from Aqua
April 2019 Letter from Mortimer Clarke Solicitors: Please find attached the following documents: Statement of Account, Reconstituted Copy of Your Agreement, Terms and Conditions from Aqua. Our client is not able to provide a copy of the original credit agreement. Our client position: our client would like to settle matters with you without the need for further court proceedings. We therefore ask that you put forward repayment proposals to address the outstanding balance.
May 2019 Replied to the 2nd Letter of Claim

I've just receive a County Court Claim Form regarding this debt. Can anyone help me with this?

[The Tech Clerk]

well see what they send next - no doubt court action, but we will have to see next move from them? if you get the court form come back here for advice

[Caesar]

2. Avant credit

• Type of account ( personal loan)
• Date commenced (2016)
• Approx balance £4.000
• Date last paid (last full payment May 2016, but I have payed small amount on payment plan until 2017)
• Not paying
• Status (default)
• Account owner (Asset Collections and Investigations Limited)

Avant credit sold my account to Asset Collections and Investigations Limited in summer of 2017. Asset Collection sent me 3 letter and a few mails and told them I am disputing the account with Avant Credit. I complained them to FOS for irresponsible lending but was rejected. Before selling the account to Asset, Avant offered me to settle the account to 30% of the amount but unfortunately I did't have that money to pay.

02.02.2018 Sent CCA request to Asset Collections
06.02.2018 Email from Asset Collections, Notice of Sum in Arrears and they added that £1 for CCA request as a payment to them and deducted from my balance. Why is that? Is it correct?
08.02,2018 Received letter from Asset Collections and Investigations Limited: ,,please find enclosed copy of your Consumers Credit Agreement, Statement of Accounts and Notice of Default as requested. Please call us within 24 hours of receiving this letter''
Niddy has said it's enforceable.
02.05.2018 Asset Collections and Investigations Limited sent me a Letter of Claim.
29.05.2018 Replied to Letter of Claim. I haven't acknowledged the debt and told them I am disputing it. After that, Asset Collection sent me one more time the same documents sent after CCA request, and nothing more. The documents included a copy of agreement but not the documents that I requested on my reply to LoC.
June.2018 Sent SAR request to original credito (Avant) but no reply so far. They just ignore me.
Sept 2018 Received SAR from Avant Credit served by email
Oct 2018 Email from Asset Collections: ,,I am writing to confirm that we have received notification of your dispute relating to Avant Credit''. They've attached: Avant Credit anual statement, Consumer credit agreement - I can't open it, FCA Arrears Information and Notice of Assignment from Avant Credit to Asset Collections - That was served by new owner, Asset Collections.
April 2019. Email, phone call and text message from Asset Collections. They are offering me 25% reduction on the balance to settle. Ignored them.

New email from Asset Collections and Investigation Limited:
,,We have been trying to contact you to discuss your account but have had no response to date. Our goal is to resolve this matter with you, however as we have not heard from you we are now in the process of instructing a third party company, TM Legal Services (TMLS) to commence legal proceedings against you. ..... We at Asset Collections and Investigations want to ensure you are making steps towards financial recovery, therefore, we would like to offer you the opportunity to pay a reduced settlement figureof up to 80% of your remaining balance, meaning if you paid £xxxx within this calendar month we would clear the remaining balance, cease the instruction of TMLS and deem the matter resolved.''

Should I do something? Are they going to court soon?

[Caesar]

So
two letters before claim and you responded twice asking for the same things.

They have replied saying we have already supplied the documents BUT they have not supplied the DN
have I got that right?

Have the evidenced, in any way that a DN was sent, for example a copy of the log from Aqua saying one was sent?

Yes, that's correct. Two letters of claim and no DN supplied.

No copy of the log from Aqua saying DN was sent.

They just insist to complete the income and expenditure form to asses my situation, otherwise will go to court.

[Warwick65]

Diana Mayhew Warwick65 The Tech Clerk thank you so much for help.

Meantime, I've just received a new letter from Mortimer Clarke:
,,We note that you have requested documents regarding your debt and confirm that we provided these on ....
Please find enclosed an Income and Expenditure form for you to complete and return in order that our client may assess your current financial situation.
If no response is received from you within 14 days, our instructions are to issue a County Court Claim against you for the full outstanding balance.''

I've requested Default Notice but the only documents received from Mortimer Clarke are: Statement of Account, Reconstituted Copy of Agreement and Terms and Conditions from Aqua. Is it possible to have Default Notice and not wanted to show?

As I say they are keen to go to the court and I think the best for me is to defend the claim.

So
two letters before claim and you responded twice asking for the same things.

They have replied saying we have already supplied the documents BUT they have not supplied the DN
have I got that right?

Have the evidenced, in any way that a DN was sent, for example a copy of the log from Aqua saying one was sent?

You now have a potential problem

IF it goes to court you could argue no DN but of course IF you had received one, that would be a lie and getting caught out in a lie is never a good idea. Of course if they haven't sent you one (or you never received one) that is fine.

My view is, it is unlikely they will have a DN and not show it although possibly sheer incompetence might be in play (I received two letters from Lowell Solicitors in two days a couple of years ago; one said they did not have the agreement due to the age of the account, the other was a copy of the agreement ! go figure)

If they do go to court they may be able to get evidence from AQUA one was sent but I do not know. In any event so much comes down to the judge on they- some a really good and keen on the law being upheld, others seem to see us a debt avoiders who should be hung out to dry . If you go to court, presentation might be key i.e smart and clean, as articulate as you can be and prepared.

Lots of ifs and maybes in my post , you are a way off court at the moment

[The Tech Clerk]

when you get PAPO etc 5 pages usually come here 1st, it may pay to talk to Di once they start proceedings?

[Caesar]

Diana Mayhew Warwick65 The Tech Clerk thank you so much for help.

Meantime, I've just received a new letter from Mortimer Clarke:
,,We note that you have requested documents regarding your debt and confirm that we provided these on ....
Please find enclosed an Income and Expenditure form for you to complete and return in order that our client may assess your current financial situation.
If no response is received from you within 14 days, our instructions are to issue a County Court Claim against you for the full outstanding balance.''

I've requested Default Notice but the only documents received from Mortimer Clarke are: Statement of Account, Reconstituted Copy of Agreement and Terms and Conditions from Aqua. Is it possible to have Default Notice and not wanted to show?

As I say they are keen to go to the court and I think the best for me is to defend the claim.

[Joanna Connolly Solicitors]

Niddy said the agreement looks dodgy and very confusing but being new it's definitely Enforceable.

Regarding the Notice of Default. There is nothing on the papers from Mortimer Clarke

As I know the Aqua account was sold to Cabot Financial (UK) Ltd and they own the account but Cabot Europe are dealing in their behalf.

If the agreement "looks dodgy" the fact that it's new (opened in 2016) doesn't necessary mean it's enforceable in court.

You say no Default Notice has been produced.

The Claimant would also have to prove that they have the legal right to issue a claim amongst other things. This debt is owned by Cabot Financial (UK) Ltd which may case them a problem.

Read Jo's post explaining why the FCA authorisation issue can matter in some circumstances >

On 24 April 2019 I was successful in a consumer credit claim appeal. The Claimant debt purchaser admitted they were not authorised by the Financial Conduct Authority but said they could rely on the S.55 FSMA 2000 exemption because they had a valid servicing agreement in place with an affiliated 3rd party who was authorised by the Financial Conduct Authority.

It was accepted on the facts of the case by both parties that there was a valid servicing agreement in place. The issue was could the Claimant debt purchaser rely on the S.55 Exemption to issue proceedings in the county court.

The Circuit Judge held as a general principle of law that the Claimant debt purchaser was not able to rely on the FCA authorisation of an affiliated 3rd party (and the exemption under s.55 FSMA) for the purpose of bringing a claim in the county court. The agreement was unenforceable, and the order of the court below was set aside, and the Claim dismissed

Di

[Warwick65]

Hi Casear
I think they are being a little disingenuous in their letter to you.

Just so you know the process

IF you receive a claim you have 14 days from service (19 days from the date on the claim form) to acknowledge the claim- this can be done online. You then have a further 14 days to submit a defence .

As soon as you get a claim you would send a S78 request to the claimant (Cabot?) and a CPR 31,14 request for any documents mentioned in the claim to MC.

Once you have submitted a defence the normal process is for MC to want to proceed and then direction questionnaires are sent out. At this point you would say you would be willing to mediate ( and mediation is done over the phone and could be a time where a settlement or arrangement is made, although you would have to include their court costs).

It is possible MC wold apply for summary judgement based on your defence if it is not a good one - I have seen this done where 'template' defences have been submitted

The problem is , if you make an offer now or an arrangement, there is nothing to stop them going to court although if you could muster say 20% you might find making an offer of that at this point - but done in the right way is best for you. Saying that, if they think they have you on the ropes they will reject that and counter with maybe 90% .

It is entirely up to you, offer now, offer later (say at mediation) or fight it

[The Tech Clerk]

PAP issued if so talk to Diana Mayhew