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**DISCONTINUED!!!!!!!!** - Cabot / ME IV Limited / Mortimer Clarke claim

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  • **DISCONTINUED!!!!!!!!** - Cabot / ME IV Limited / Mortimer Clarke claim

    Hello All

    Another Cabot / Mortimer Clarke victim, here and this is my first.

    I'll try to keep it as brief and concise as possible:

    Received a claim? YES

    Issue Date: 06 FEBRUARY 2017

    Amount approx: £327.83 (inclusive of fees and costs)

    Claimant: ME IV LIMITED

    Solicitor: MORTIMER CLARKE SOLICITORS LTD

    Original Creditor: SKY UK LTD

    Particulars of Claim: Please type out in full excluding names/account numbers: By a verbal Agreement between Sky UK Ltd & the Defendant commencing on or around 24/02/2011 ('the Agreement') Sky UK Ltd agreed to provide the Defendant with subscription service(s). The Defendant failed to make the required payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. The Claimant therefore claims 252.83

    Is the debt Statute Barred? NOT SURE

    List any letters you have sent: NONE - EVER - TO ANYONE

    Any Other Info: This debt is not mine, I have never had a Sky subscription but I know where this has stemmed from.
    My details were used by an ex partner to obtain the services. I believe it ran for the minimum term of 12 months and he kept up the payments.

    I then learned that he attempted to renew at the end of this term and upgrade the package, on immediate notification of which I recall contacting Sky by phone to make enquiries about who had done this and to terminate it, further notifying them that it was not me and that it was fraudulent - what happened to their security checks? My ID/passwords were changed there and then and that was the end of it.

    Admittedly, I have received correspondence from Cabot/Mortimer Clarke in the past trying to make contact/seeking payment but I ignored them (now it seems to my detriment), as the was not/should not have been any debt in my opinion, having cancelled the new order before it was installed.

    I also wasn't sure about the validity of the Claim Form as I know this tactic is sometimes used to bully and harass people into coughing up, as no one wants a CCJ, and the reputation of the concerned parties leaves a lot to be desired!

    I was given dodgy advice by CAB would you believe - told if it's not my debt post if back to them marked "return to sender". When I asked if doing that could still lead to the possibility that they will make a judgement against my name, there was silence and then I was told to contact a local law centre instead!

    I was also advised by another organisation to contract Sky and complain bitterly about this and them having sold it on as a debt and should I not get any joy from them to visit my local MP to take up the fight for me.

    In the midst of all this I need to stop the clock as 14 days from the date of service, I believe, is 25 Feb - I know that's this Saturday so I'm taking it as tomorrow.

    Can anyone please direct me as to how I should proceed.

    Many thanks.
    Tags: None

  • #2
    Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

    Hi MOLLYLOLLY

    Yes, you need to acknowledge asap.
    Do you have any documented evidence re the termination & dispute with Sky?
    It may well be worth your while sending them a SAR for all data they hold.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

      Hi [MENTION=41012]MOLLYLOLLY[/MENTION] and to LB xx

      Here's a link to your first steps on receiving a court claim - http://legalbeagles.info/forums/show...it-Court-Claim - if you can go through that and:
      1, Acknowledge service via MCOL
      2, send a CCA request for the contract - http://www.legalbeagles.info/forums/...y-of-Agreement
      3, send a CPR request for documents mentioned in the PoC - http://www.legalbeagles.info/forums/...ic-information

      it might be an idea to send a SAR request to Sky too - http://www.legalbeagles.info/forums/...quest-template - it takes 40 days, but should give you the proof you need that Sky knew the account was not yours to begin with

      I'll tag [MENTION=6]Amethyst[/MENTION] and [MENTION=87380]Diana M[/MENTION] for extra assistance too

      K xx
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

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

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

        Thank you. I can do that online today.

        But then what....how should I structure my defence?

        It might be worth adding that this purported Agreement doesn't and hasn't ever shown on my Credit Reference file, unlike all my other telecoms providers, O2, Virgin, 3, etc. Not sure if that's relevant at all?

        Comment


        • #5
          Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

          Originally posted by charitynjw View Post
          Hi MOLLYLOLLY

          Yes, you need to acknowledge asap.
          Do you have any documented evidence re the termination & dispute with Sky?
          It may well be worth your while sending them a SAR for all data they hold.
          There was never any "dispute" as such, I contacted them and they stopped the order and that was it.
          I have email notifications from Sky in respect of the cancellation and ID changes and should have a diary note of the call somewhere but will need to find the diary, if I still have it.

          Comment


          • #6
            Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

            Originally posted by MOLLYLOLLY View Post
            But then what....how should I structure my defence?
            once you've acknowledged service, you have extra time to get a defence together (33 days from the date of issue on the claim form), so don't enter a defense when you put in the acknowledgement, leave that blank to go back to later xx
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

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

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle

            Comment


            • #7
              Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

              Originally posted by Kati View Post
              Hi @MOLLYLOLLY and to LB xx

              Here's a link to your first steps on receiving a court claim - http://legalbeagles.info/forums/show...it-Court-Claim - if you can go through that and:
              1, Acknowledge service via MCOL
              2, send a CCA request for the contract - http://www.legalbeagles.info/forums/...y-of-Agreement
              3, send a CPR request for documents mentioned in the PoC - http://www.legalbeagles.info/forums/...ic-information

              it might be an idea to send a SAR request to Sky too - http://www.legalbeagles.info/forums/...quest-template - it takes 40 days, but should give you the proof you need that Sky knew the account was not yours to begin with

              I'll tag @Amethyst and @Diana M for extra assistance too

              K xx
              Many thanks, Kati, for the welcome and the guidance. I did start familiarising myself with it all and will continue to do so.

              Comment


              • #8
                Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

                Send a CPR 31.14 request to the Claimant via the solicitors & ask for a copy of the agreement, the T&Cs & the Notice of Assignment. (See top of this thread for a template).
                Even though they say the agreement was verbal, some documentation should exist, particularly the T&Cs.

                What is the subscription service, & where is/was the equipment installed? (Hub, satellite dish(s) etc).
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

                  Originally posted by charitynjw View Post
                  Send a CPR 31.14 request to the Claimant via the solicitors & ask for a copy of the agreement, the T&Cs & the Notice of Assignment. (See top of this thread for a template).
                  Even though they say the agreement was verbal, some documentation should exist, particularly the T&Cs.

                  What is the subscription service, & where is/was the equipment installed? (Hub, satellite dish(s) etc).
                  Ok, I will do that following the templates.

                  The service was for Sky package of TV, telephone and broadband I do believe and it was at my ex's residence, not even my address - and I never resided there either.

                  Comment


                  • #10
                    Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

                    Did you report the fraudulent use of your name to the police in 2012 or whenever you realised this?

                    When you spoke to Sky , did they advise you to do this?

                    Comment


                    • #11
                      Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

                      Originally posted by Debt Camel View Post
                      Did you report the fraudulent use of your name to the police in 2012 or whenever you realised this?

                      When you spoke to Sky , did they advise you to do this?
                      No, I'm afraid to say that I didn't report it and I neither did Sky advise me to. I wanted to do without the animosity, albeit I would have been within my rights, and back then thought it would be enough to just cancel it and for the shock of it to hit him, as I know he wasn't aware that I had received an email notification and would now know what he'd been up to. I don't think I ever spoke to him about it either and from what I remember when I questioned Sky about entertaining someone else - especially a male - when the account was in a female's name, I believe he enlisted the help of a female to call Sky in the first instance to do the dirty deed.

                      Comment


                      • #12
                        Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

                        Good morning all.

                        I am just about to click my life away on moneyclaim.gov.uk as advised but have one quick question please - should I checkbox the "I intend to contest jurisdiction" box at this stage?

                        I am hopeful that it will not come to the point where a court appearance will be necessary but, in the event that it is, I live in London and the court it is filed at is in Northampton.

                        Does it matter at this stage?

                        Thank you.


                        Comment


                        • #13
                          Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

                          Originally posted by MOLLYLOLLY View Post
                          Good morning all.

                          I am just about to click my life away on moneyclaim.gov.uk as advised but have one quick question please - should I checkbox the "I intend to contest jurisdiction" box at this stage?

                          I am hopeful that it will not come to the point where a court appearance will be necessary but, in the event that it is, I live in London and the court it is filed at is in Northampton.

                          Does it matter at this stage?

                          Thank you.


                          As you live in England you do not have to contest jurisdiction ... if this claim gets that far you'll be able to change the court to the closest one to you at a later date xx
                          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                          It doesn't matter where your journey begins, so long as you begin it...

                          recte agens confido

                          ~~~~~

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

                          I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                          But please include a link to your thread so I know who you are.

                          Specialist advice can be sought via our sister site JustBeagle

                          Comment


                          • #14
                            Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

                            Have you contacted Sky direct to see if they can offer you any further information about it? such as when the account was set up and the contract started / terminated? This would be helpful for your own knowledge

                            The particulars are a bit naff too as they don't give much information on what the subscription costs were on a monthly basis, what the subscriptions were, when the agreement started and ended etc. all of which you can add to your defence.

                            Are you able to provide evidence you weren't residing at your ex's address at the time, something like a council tax letter or utility bill?
                            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                            LEGAL DISCLAIMER
                            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                            Comment


                            • #15
                              Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

                              Originally posted by Kati View Post
                              As you live in England you do not have to contest jurisdiction ... if this claim gets that far you'll be able to change the court to the closest one to you at a later date xx
                              Thank you, Kati.

                              Comment

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