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Thread: cabot financial ltd + mortimer clarke

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    Default 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

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    Default 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 specializes 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

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    Default 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 specializes 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

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    Default 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 at 00:14:AM.

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    Default 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.

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    Default 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

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    Default 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
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    Default 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 at 16:04:PM.

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    Default Re: cabot financial ltd + mortimer clarke

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

    thank

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    Default Re: cabot financial ltd + mortimer clarke

    Quote 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

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    Default Re: cabot financial ltd + mortimer clarke


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    Default 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:-

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    Default Re: cabot financial ltd + mortimer clarke

    Quote 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.

    Quote 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 specializes 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

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    Default 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 at 22:35:PM. Reason: edited some text

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    Default 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 at 01:36:AM.

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    Default Re: cabot financial ltd + mortimer clarke

    today i receive a claim form for county court from mortimer clarke issued from the 13 of april
    you mention in your statement of case ahead of filing my defence on 20 APRIL 2017.
    I make the defence date 16th May.
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    Default Re: cabot financial ltd + mortimer clarke

    Quote Originally Posted by troubleuk View Post
    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
    CPR 31.14 should go to the solicitors, as there is no fee I would send it again to Mortimer Clarke.
    Start thing about your defence plan ahead.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    Default Re: cabot financial ltd + mortimer clarke

    Defence Example

    send CPR request again to solicitors, if I was bloody minded and the request came to my office ( They are not out to help you when they want blood money), I might not forward it on Result - you might get judgment by default. must read and digest what/where to send paperwork!

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    Default Re: cabot financial ltd + mortimer clarke

    Quote Originally Posted by MIKE770 View Post
    send CPR request again to solicitors, if I was bloody minded and the request came to my office ( They are not out to help you when they want blood money), I might not forward it on Result - you might get judgment by default.!
    The OP would only get a Default Judgment if they failed to file their AOS/Defence by the court deadline. The CPR Request is not a court document (it's sent direct to the Claimant's solicitors) . It's optional not compulsory.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes 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

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    Default Re: cabot financial ltd + mortimer clarke

    The defendant reading above comment should realise that making an error in submissions could lead to a default judgment eventually nobody is saying at this stage they would get one, (albeit a warning signal), but if documents sent to wrong place then be aware they may not be received at correct establishment and eventually get a default judgment due to papers sent in error to another address and not forwarded.

  21. #21
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    Default Re: cabot financial ltd + mortimer clarke

    Quote Originally Posted by MIKE770 View Post
    The defendant reading above comment should realise that making an error in submissions could lead to a default judgment eventually nobody is saying at this stage they would get one, (albeit a warning signal), but if documents sent to wrong place then be aware they may not be received at correct establishment and eventually get a default judgment due to papers sent in error to another address and not forwarded.
    A CPR Request letter sent to the wrong address cannot lead to a Default Judgment since it's not a court document. Default Judgments are the sanction for failing to comply with a court deadline.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes 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

  22. #22
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    Default Re: cabot financial ltd + mortimer clarke

    Quote Originally Posted by Diana M View Post
    A CPR Request letter sent to the wrong address cannot lead to a Default Judgment since it's not a court document. Default Judgments are the sanction for failing to comply with a court deadline.

    Di
    we know that but if Documents are sent to the wrong place they may never get to the intended recipient (no matter what the document is)! just a be aware warning!!!!!!!!!!!!

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    Default Re: cabot financial ltd + mortimer clarke

    The cpr request did go to Mortimer I just never put there address on the letter only realised when I got home. I will send another one asap with Mortimers address on the letter the letter i sent to mort started off like cabots address vs me

    @MIKE770 @Diana-M
    Last edited by troubleuk; 22nd April 2017 at 17:39:PM.

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    Default Re: cabot financial ltd + mortimer clarke

    i sent another CPR request of to Mortimer clarke today signed for today with it addressed to them so lets see what they have to say

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    Default Re: cabot financial ltd + mortimer clarke

    i got a reply from mortimer clarke today regarding my CPR request

    here is the letter they sent to me http://prnt.sc/f1fqd6

    i have only had a letter from cabot saying they are passing this on to there solicitor no others
    please advise what i do next

    thanks very much
    @Diana-M @MIKE770
    Last edited by troubleuk; 27th April 2017 at 12:27:PM. Reason: edit text

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