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Cabot/MortimerClarke/GEMoney

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  • Cabot/MortimerClarke/GEMoney

    Good morning. I have recently moved. I have this morning received a claim form from Northampton referring to a debt from 2006. I have no recollection of this debt at all. Received no letter before action, absolutely nothing. How do I respond? Baffled!
    Tags: None

  • #2
    Fill in the following:

    Received a claim? Yes/No:
    Issue Date:
    Have you Acknowledged the Claim?:
    Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
    Claimant’s Name:
    Solicitors Firm:
    Original Creditor:
    Original Debt (eg. Credit card/Loan/Overdraft) :
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
    List any letters you have sent (eg: CCA/ CPR ):
    Any Other Information or Background Details:

    It might be statute barred, if no payments or communication acknowledging the debt has been made to the creditor.

    Comment


    • #3
      a) What you need to do is Acknowledge the claim online, that will give you an extra 14 days to work on you defence, so that 28 days in total, plus 5 days.

      https://legalbeagles.info/library/gu...ledge-a-claim/

      b) Send MortimerClarke a CCA request they have 14 days to provide you with a copy of your original agreement. Make sure you get Proof of Postage.

      https://legalbeagles.info/library/gu...etter-example/

      c) Send MortimerClarke a CPR 31.14 Request, they have 14 days to provide documents they are relying to make the claim. Make sure you get Proof of Postage.

      https://legalbeagles.info/library/gu...-of-documents/

      d) Send Cabot SAR, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage.

      https://legalbeagles.info/library/gu...ccess-request/

      Make sure you get your defence in on time, so 28 days from today, note it in your diary.

      Comment


      • #4
        Originally posted by echat11 View Post
        Fill in the following:

        Received a claim? Yes/No:
        Issue Date:
        Have you Acknowledged the Claim?:
        Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
        Claimant’s Name:
        Solicitors Firm:
        Original Creditor:
        Original Debt (eg. Credit card/Loan/Overdraft) :
        Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
        Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
        List any letters you have sent (eg: CCA/ CPR ):
        Any Other Information or Background Details:

        It might be statute barred, if no payments or communication acknowledging the debt has been made to the creditor.
        Claim received Dated 13th January
        Not yet, will do online
        £2000
        Claimant: Cabot Financial (UK) Limited: Kings Hill, West Malling
        Solicitors: Mortimer Clarke Ltd.
        Original Creditor: GE Money
        Original Debt: Loan
        POC: by an Agreement between GE Money and the defendant on or around 1/12/2006 (the agreement) GE Money agreed to loan the Defendant monies. The defendant did not pay the instalments as they fell due. The Agreement was terminated following the service of a default notice. The agreement was assigned to the claimant. The claimant therefore claims 1. £xx 2. costs

        No letters sent, I have no idea what this relates to. I have recently moved, so post may have gone to old address. Have not acknowledged the debt, as this is the first I have heard of it. Thank you

        Comment


        • #5
          Follow the advice in post 3.

          Comment


          • #6
            Thank you. Letters all prepared and will send recorded today. I will, of course, keep you informed. Thank you so much,

            Comment


            • #7
              just get proof of posting (no charge) recorded these days expensive and no signature on mail site I have found

              Comment


              • #8
                Originally posted by MIKE770 View Post
                just get proof of posting (no charge) recorded these days expensive and no signature on mail site I have found
                Good advice, Postal Services costs are excessive.

                Comment


                • #9
                  Letters sent recorded delivery. Proof of receipt received from all 3. Postal orders sent. And.....nothing. I am aware that I need to submit a defence by Monday. Do i do it now and state that nothing has been received from either Cabot or the solicitor, or hang on?

                  Comment


                  • #10
                    on such a dare a request for xxx made to date not supplied for anything outstanding.

                    Comment


                    • #11
                      defence submit 2 days before due so as to not allow them to try and trash it

                      Comment


                      • #12
                        Here's an example Defence, amend it to suit your case, then copy and paste so we can take a look. Then you can email it to the Court and send it to creditors solicitors (make sure you get Proof of Postage).

                        https://legalbeagles.info/library/gu...-court-claims/

                        Comment


                        • #13
                          Brilliant, thank you. I will get this done today and post.

                          Comment


                          • #14
                            submit on line using code top right of claim form, and send copy in post as back up to court

                            Comment


                            • #15
                              Originally posted by MIKE770 View Post
                              submit on line using code top right of claim form, and send copy in post as back up to court
                              Providing the character count is below the max.

                              Comment

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                              SHORTCUTS

                              Pre-Action Letters
                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Witness Statements
                              Directions Questionnaire
                              Statute Barred Letter



                              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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                              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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