Mortimer Clarke / Cabot financial claim form - Can I settle without CCJ?

[Mattonlaptop]

Received a claim? Yes
Issue Date: 21/4/22
Have you Acknowledged the Claim?: No
Total Amount Claimed £2000
Claimant’s Name: Cabot Financial
Solicitors Firm: Mortimer Clarke
Original Creditor: New day / Fluid
Original Debt - Credit card
Particulars of Claim: By an agreement between New day re; Fluid and the defendant on or around 31/01/19 (the agreement) New day RE Fluid agreed to issue the defendant with a credit card, The defendant failed to make the minimum payments due the agreement was terminated following the service of a default notice. The agreement was assigned to the claimant. THE CLAIMANT THEREFORE CLAIMS 1. 1728. 2 Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Yes
List any letters you have sent (eg: CCA/ CPR ): None at Present
Any Other Information or Background Details

I would appreciate any help on this please. I stopped making payments around Summer 2020. Debt is owed but I am not sure if the amount is correct as I don't have statements or any other information.

Is it still possible to get this to mediation or organise payment plan without CCJ? What should my next steps be please in terms of the acknowledgment of service?

Many thanks,
Matt

[Mattonlaptop]

Received a claim? Yes
Issue Date: 21/4/22
Have you Acknowledged the Claim?: No
Total Amount Claimed £2000
Claimant’s Name: Cabot Financial
Solicitors Firm: Mortimer Clarke
Original Creditor: New day / Fluid
Original Debt - Credit card
Particulars of Claim: By an agreement between New day re; Fluid and the defendant on or around 31/01/19 (the agreement) New day RE Fluid agreed to issue the defendant with a credit card, The defendant failed to make the minimum payments due the agreement was terminated following the service of a default notice. The agreement was assigned to the claimant. THE CLAIMANT THEREFORE CLAIMS 1. 1728. 2 Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Yes
List any letters you have sent (eg: CCA/ CPR ): None at Present
Any Other Information or Background Details

I would appreciate any help on this please. I stopped making payments around Summer 2020. Debt is owed but I am not sure if the amount is correct as I don't have statements or any other information.

Is it still possible to get this to mediation or organise payment plan without CCJ? What should my next steps be please in terms of the acknowledgment of service?

Many thanks,
Matt

BUMPING this can anyone help please?

I have made the CCA and CPR 31.4 request the cheque for £1 has been banked but they have yet to respond.

I have to file defence by Monday, should I agree with cabot to an extension of the defence until they supply documents?

[MIKE770]

just state on such a date CCA request made to date no response and so on any ther requiest no extension they know the rules leave as stated not supplied request. of course you do not want them to supply? they can be made to later in proceedings if necessary

[Mattonlaptop]

just state on such a date CCA request made to date no response and so on any ther requiest no extension they know the rules leave as stated not supplied request. of course you do not want them to supply? they can be made to later in proceedings if necessary

Great thanks for that Mike. Just to be clear I do owe the debt my issue is with the amount as I don't have any statements from them to ensure it is the correct amount. Once I have that statement am I still able to enter into a payment plan without CCJ through mediation or directly?

[echat11]

You made payments in 2020, so the debt isn't statute barred.

What you need to do is get the case to the mediation stage, get them to drop charges / interest, make an offer, maybe via Payment Plan.

a) What you need to do is Acknowledge Service online, that will give you an extra 14 days to work on you defence, so that 28 days in total, plus 5 days (post).

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

b) Send New Day / Fluid a SAR for the accounts, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage. Go through the information they send you.

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

Make sure you get your defence in on time, so 28 days from the date of the claim letter, note it in your diary. There is an example defence on this site.

[Mattonlaptop]

You made payments in 2020, so the debt isn't statute barred.

What you need to do is get the case to the mediation stage, get them to drop charges / interest, make an offer, maybe via Payment Plan.

a) What you need to do is Acknowledge Service online, that will give you an extra 14 days to work on you defence, so that 28 days in total, plus 5 days (post).

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

b) Send New Day / Fluid a SAR for the accounts, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage. Go through the information they send you.

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

Make sure you get your defence in on time, so 28 days from the date of the claim letter, note it in your diary. There is an example defence on this site.

Thank you so much for your reply.

I did acknowledge the claim already and my 33 days is this coming Monday. I have the defence template and am fine with that and understand what I need to write in it in terms of information not supplied from my CCA and CPR 31.4 request - I have the proof of postage and also they have banked the cheque for this.

The only thing I have not done is request an SAR. Should I request that still now and then use it later on if need be, or am I too late for that?

[echat11]

Thank you so much for your reply.

I did acknowledge the claim already and my 33 days is this coming Monday. I have the defence template and am fine with that and understand what I need to write in it in terms of information not supplied from my CCA and CPR 31.4 request - I have the proof of postage and also they have banked the cheque for this.

The only thing I have not done is request an SAR. Should I request that still now and then use it later on if need be, or am I too late for that?

The SAR is all the data on the account, so you will get a clear picture of what is what, you'll see what the charges are, interest is, account notes say etc.

What if the claimed amount is wrong or they've added charges that they shouldn't have?

[Mattonlaptop]

The SAR is all the data on the account, so you will get a clear picture of what is what, you'll see what the charges are, interest is, account notes say etc.

What if the claimed amount is wrong or they've added charges that they shouldn't have?

Thanks I will write to them for it now, and meanwhile submit my defence.