Mortimer Clarke and Cabot filed for CCJ please help

[Anialee13]

Hi, its first time for me to deal with something like this and I could really use some help. Just over a year ago I took out credit card with Marbles. When I got into money trouble I maxed it out and they put me over the balance but charging fees for cash transactions. Then on top of that started charging over the balance fees on top of all the other fees. Needless to say I couldn't afford repayments and every months they kept adding these charges. I contacted their customer support quite a few times to point out the adding these charges every month even though they already knew I struggled to pay anything off was against FCA rules and they couldn't do it. Apart from automated responses I never got anything out of them apart from payment reminders and increasing balance.
Anyway because some family issues and then pandemic I completely forgotten about them until I got a letter from Mortimer Clarke saying they will file for CCJ unless I pay. I responded to the letter before the deadline saying that I was disputing part of it for the reasons detailed above and that I would report marbles actions to financial ombudsman ( not realising that I had only 6 months for that). They have completely ignored my response and files claim form anyway. I just logged in online at money claim.gov to file AOS to extend to 28 days. Apart from that I don't know what to do, I don't know how to defend this. I feel I shouldn't have to because I responded to them and got ignored. Now of course they added 130 legal cost on top of it.
Any help would be really appreciated

[Anialee13]

Am I in the wrong section? I really need some advice please I don't know how to respond to them

[MIKE770]

Celestine

[Anialee13]

I don't understand, what's Celestine mean?

[MIKE770]

sit tight means they are being asked to have a look

[Celestine]

Hi Annialee

You can send off to Cabot requests for the CCA and CPR details as per our guide here:https://legalbeagles.info/library/gu...y-court-claim/
But in all honesty, with a card this recent, there is a low chance that any documentation will not be provided on request.

The most likely solution will be a monthly payment plan after you have completed an Income/Expenditure form - they can only make you pay what you can afford each month.

This is a stark reminder that if you have a genuine complaint/dispute with your bank/card provider: that complaint must be pursued straightaway, otherwise the account will be sold on for enforcement like this. Take care

[Anialee13]

Thank you for replying
I don't mind a payment an, my issue is with all the extra charges I'm incurring even though I am cooperating with everyone. I replied to their letter they had no right to apply for CCJ and add extra 130 on top after I already had been screwed by marbles.
can I dispute this via this online claim system? And is that how I'm meant to be communicating now? I don't understand the process at all. Applied for extra 14 days and now I have to represent myself. Afterwards will I end up with ccj if I agree payment plan?

[MIKE770]

if it came to it as a last resort a "TOMLIN ORDER" could be agreed whereby instalments are agreed and as long as not defaulted then no CCJ, - BUT do not let them bully you , get a Tomlin order as a last chance, once they have their ducks in order for a court case and likely to win - they do loose a lot!

for now just relax a little and get a clear understanding of situation, these companies hope you panic and give them monies in most cases they are not proven entitled.

[Celestine]

Did you receive any letters from Cabot before the pre action letter from Mortimer Clarke?

Sadly, as I mentioned before, any historic dispute with Marbles is not Cabots concern, they have purchased the account from Marbles and now have the right to enforce the entire account. The extra charges added by Marbles must be challenged at the time of dispute, no matter what is happening in life these accounts continue to lurk and can cause serious problems.

You could offer them a reduced Full and Final settlement if you can get your hands on a lump sum? That could reduce a lot of the extra charges?

[Anialee13]

I'm sure I got a letter from Cabot either early this year or late last year. At that point I was doing what I do best which is ignoring all my problems and hoping they go away☹️.
during lockdown everything stopped and then in September I received a letter from MC giving me 30 days to reply with enclosed form to fill or there would be court action. I replied on 22/09 and heard nothing until few weeks ago when I received claim form dated 15th of October. I don't understand how to proceed now. Claim form has this address which I used to apply for more time www.moneyclaim.gov.uk and I believe I meant to be representing myself through there? No idea what to say. Should I just offer repayments and accept all the legal costs added too?
I definitely do not have a lump sum to offer them

[MIKE770]

Acknowledge Claim tick defend all do it on line using their top right details , admit nothing, read around site for info no defence at this stage

[MIKE770]

CCA Request with £1.00 postal order to marbles

CPR 31.14 Request to solicitors only and just ask for the named (only ) documents within the court form recorded delivery each case and keep copies of everthing

[Anialee13]

I just went there to see how to acknowledge and I can't log in. It keeps saying claim number or password incorrect.i tried 5 times there's no way it's something I'm doing. What is going on?

[MIKE770]

Celestine

[Celestine]

I just went there to see how to acknowledge and I can't log in. It keeps saying claim number or password incorrect.i tried 5 times there's no way it's something I'm doing. What is going on?

This is a common problem with MCOL - the claim number is quite well hidden in the text on the claim form often so make sure you are entering correct number.
Keep persisting, it will work eventually.