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cabot financial ltd + mortimer clarke

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  • cabot financial ltd + mortimer clarke

    hi all

    hope you can help me out i got a letter from cabot on the 20th of march saying they are passing on my claim in relation to a capital one card to mortimer clarke in 14 days if they do not hear from me so on the 25th of march i send a cca request with 1 pound postal order and tracked and signed for from royal mail i never heard back from cabot with in a week i get a letter from mortimer clarke saying they are taking me to a smalls claim court

    today i receive a claim form for county court from mortimer clarke issued from the 13 of april

    can somebody please tell me what to do i have no clue thanks
    Tags: None

  • #2
    Re: cabot financial ltd + mortimer clarke

    Hello

    When did you open this Capital One account, could it have been before April 2007?

    You've got off to a good start by sending a CCA Request.

    How much is the claim so it's clear whether it will be allocated to the Small Claims Court or the Fast Track?

    Can you type up the Particulars of Claim removing anything which could identify you.

    You need to login to MCOL to file your Acknowledgement of Service stating that you intend to defend all of the claim. This must be done within 19 days of the claim Issue Date.

    You'll also need to send a CPR 31.14 Request to Mortimer Clarke but one step at a time.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

    Comment


    • #3
      Re: cabot financial ltd + mortimer clarke

      When you've digested all that you need to send a Subject Access Request to Capital One to get the full history of your account.

      This forum has template letters to help members so feel free to ask for a link to what you need.

      Di
      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

      This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

      Comment


      • #4
        Re: cabot financial ltd + mortimer clarke

        i dont know when i opened the account but on letter they say around 11/02/2015 and the claim is for 297.54 plus court fee of 25.00 and legal representative 50.00 total off 372.54

        particulars of claim

        by an agreement between capital one bank (europe) plc & the defendant on or around 11/02/2015 (the agreement) capital one bank (europe) plc agreed to issue the defendant with a credit card.the defendant failed to make the minimal payments due & the agreement was terminated. the agreement was assigned to the claimant. the claimant therefore claims 297.54

        i have now logged in to MCOL and put in a request of Acknowledgement of Service stating that you intend to defend all of the claim

        also can i send a CPR 31.14 Request to Mortimer Clarke by email or does it have to be by post


        thanks for the reply
        Last edited by troubleuk; 20th April 2017, 00:14:AM.

        Comment


        • #5
          Re: cabot financial ltd + mortimer clarke

          Cpr 31.14 request have to be by post with a signature I believe

          You want to ask for
          The agreement
          Notice of termination
          Notice of assignment
          Deed of assignment

          ( I see the claim does not mention the default notice- if it does but you forgot to include it above , then add it into the CPR request)
          In your CPR request I would mention that you sent a S78 request to the claimant and they have not responded

          There is no fee for the CPR request but send it by Royal Mail signed for ( costs about £1.70)

          It would help if you could also send the SAR to capital one

          Remember , you are now on the courts timescale so your defence needs putting in within 33 days of the date on the claim form- even if anyone tells you it is on hold- still do it.
          Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
          I have no formal legal training
          Any advice is offered without liability
          If in doubt take professional legal advice or contact the CAB

          Comment


          • #6
            Re: cabot financial ltd + mortimer clarke

            hi warwick

            the claim does not mention default notice
            should i send a photocopy with my CPR request of the proof of posting and postal order receipt for the CCA request
            the letter i am sending i am just asking for the agreement as that what is mentioned on the claim.
            should i ask for all 4 things you have listed

            thanks

            Comment


            • #7
              Re: cabot financial ltd + mortimer clarke

              Tbh it doesn't hurt to ask for all of them, although it's likely they'd reply that they arent mentioned, and you couldn't apply to enforce the request in court ( other than for the agreement ), but they SHOULD have mentioned them as they are required for them to enforce the debt so it does make your hand stronger in your defence later.

              ( so yes ask for all of them, basically lol)

              Oh and yes send a copy & pop for the CCA xxx
              Common Sense .... if in doubt, use it !

              “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

              Comment


              • #8
                Re: cabot financial ltd + mortimer clarke

                should i also send a copy of the original of the CCA i sent to cabot or just send the proof of postage and proof of postal order

                and also how do i go about sending a SAR to capital one
                thanks
                Last edited by troubleuk; 20th April 2017, 16:04:PM.

                Comment


                • #9
                  Re: cabot financial ltd + mortimer clarke

                  anybody able to help as i want to send the CPR request tomorrow

                  thank

                  Comment


                  • #10
                    Re: cabot financial ltd + mortimer clarke

                    Originally posted by troubleuk View Post
                    anybody able to help as i want to send the CPR request tomorrow

                    thank
                    I would just send a copy of the CCA although no harm in adding a page showing proof of delivery

                    Remember MC are a bunch of barclays bankers who will no doubt lie, lie and lie a bit more in their dealings with you.

                    Ok they may not exactly lie just stretch the truth.

                    There latest line seems to be when a claim is stayed
                    'We will recommend to our clients to apply for your defence to be struck out'

                    They can recommend all they like
                    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                    I have no formal legal training
                    Any advice is offered without liability
                    If in doubt take professional legal advice or contact the CAB

                    Comment


                    • #11
                      Re: cabot financial ltd + mortimer clarke

                      CPR 31.14 Request


                      First Steps

                      Comment


                      • #12
                        Re: cabot financial ltd + mortimer clarke

                        Subject access request

                        [Your full name and address and any other details to help identify you and the information you want.]

                        Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to: [give specific details of the information you want, for example

                        ∑ your personnel file;
                        ∑ emails between ‘A’ and ‘B’ (between 1/6/11 and 1/9/11);
                        ∑ your medical records (between 2006 & 2009) held by Dr ‘C’ at ‘D’ hospital;
                        ∑ CCTV camera situated at (‘E’ location) on 23/5/12 between 11am and 5pm;
                        ∑ copies of statements (between 2006 & 2009) held in account number xxxxx).

                        If you need any more information from me, or a fee, please let me know as soon as possible.

                        It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.

                        If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk


                        Adjust to your case:-

                        Comment


                        • #13
                          Re: cabot financial ltd + mortimer clarke

                          Originally posted by troubleuk View Post
                          anybody able to help as i want to send the CPR request tomorrow
                          I'm with Amethyst on this one.

                          Ask for everything including the kitchen sink.

                          If you don't ask you don't get.

                          We expect them to say "No" so what have you got to lose by asking.

                          Originally posted by Amethyst View Post
                          Tbh it doesn't hurt to ask for all of them, although it's likely they'd reply that they arent mentioned, and you couldn't apply to enforce the request in court ( other than for the agreement ), but they SHOULD have mentioned them as they are required for them to enforce the debt so it does make your hand stronger in your defence later.

                          ( so yes ask for all of them, basically lol)
                          Di
                          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                          This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                          Comment


                          • #14
                            Re: cabot financial ltd + mortimer clarke

                            here is my CPR request

                            Dear Sirs,


                            Claim Number:


                            Request for the
                            Agreement,Notice of termination,Notice of assignment,Deed of assignment,
                            mentioned in a statement of case under CPR 31.14


                            On 13/04/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.


                            To enable me to file my defence and/or counterclaim, I require inspection of the

                            1. Agreement / Contract
                            2. Default Notice
                            3. Assignment
                            4. Formal Demand

                            you mention in your statement of case ahead of filing my defence on 20 APRIL 2017.


                            1. Agreement / Contract
                            In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.


                            You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.


                            You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.


                            If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.


                            For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 on the 25 MARCH 2017.

                            Also proof of receipt and the postal order that will be included with this letter


                            i Still have not received my CCA request from CABOT


                            I look forward to hearing from you.


                            Yours sincerely



                            will this be ok to send and also should i include a photocopy of the the CCA request i sent to cobot
                            Last edited by troubleuk; 20th April 2017, 22:35:PM. Reason: edited some text

                            Comment


                            • #15
                              Re: cabot financial ltd + mortimer clarke

                              well i sent of the CPR request today but i didn't put Mortimer address on the CPR letter just CABOTS does it matter

                              also sent off a SAR to capital one

                              do i sit back and wait to hear from them or should i be doing something else

                              @nemesis45
                              Last edited by troubleuk; 22nd April 2017, 01:36:AM.

                              Comment

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                              SHORTCUTS

                              Pre-Action Letters
                              First Steps
                              Check your dates
                              Acknowledge a Claim
                              CCA Request Letter
                              CPR 31.14 Request Letter
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.





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