Cabot/MortimerClarke/GEMoney

[honeygrey]

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!

[echat11]

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.

[echat11]

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.

[honeygrey]

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

[echat11]

Follow the advice in post 3.

[honeygrey]

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

[MIKE770]

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

[echat11]

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.

[honeygrey]

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?

[MIKE770]

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

[MIKE770]

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

[echat11]

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/

[honeygrey]

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

[MIKE770]

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

[echat11]

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.