CABOT / Mortimer Claim Form Received

[SleepyGuy]

Agreement between New Day and the defendant

I received a claim issued around a week ago for credit card debt, which i think defaulted a year or so ago.

I have been in two minds on what to do, I am in rather large-scale debt. I owe HMRC over 10 grand, a few grand of council tax at an old address, and energy and water debt at my current address.

I also owe many thousands on credit cards and have many defaults.

I do believe, however, that i would probably fit into this mis-sell / unaffordable credit. They at one point doubled my credit limit, with no further checks, and this is a high-interest credit card, which they are now trying to turn into secured credit with a ccj.

I have no assets other than the stuff i use to make a living and very little in the bank, so short of offering them 1 pound a month, would it be worth trying to go down the mis-sell route? I basically scrape by. I intend to get transport which i believe will increase my income three-fold, so have not been too concerned as i have always felt i can manage the wolves and still live a comfy life, eventually.

I believe they gave me a fair warning of the intent to take further action as i saw an email quite a while ago referring to it.

Their summary on the claim is essentially that i took out the card and failed to make minimum payments so defaulted.

Any advice is appreciated.

__________________________________________________ _

Received a claim? Yes/No: Yes

Issue Date: 21/04/2023

Have you Acknowledged the Claim?: Yes

Total Amount Claimed : ( approximately 3000)

Claimant’s Name: Cabot Financial UK Limited

Solicitors Firm: Mortimer Clarke

Original Creditor: New day Re Amazon

Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card

Particulars of Claim: By an agreement between New Day Re Amazon & the defendant on or around (xxxxx 2018) the New Day Re Amazon 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 named claimant. Cabot credit management group limited, acting as servicing agent of the named claimant through its appointed representative cabot financial europe limited, has arranged for these proceedings to be issued in the name of the claimant. the named claimant therefore claim 1 xxxxx 2 costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): not barred

List any letters you have sent (eg: CCA/ CPR ): Not yet

Any Other Information or Background Details: I could not afford to keep up with payments having so much debt so ignored it.

[echat11]

Hi Sleepyguy

Welcome to LB

Try not to worry.

a) Fill in the following, leave out personal details, copy / paste back onto this thread,

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:

b) Acknowledge of Service online via MCOL, deny all. .

c) Send a CCA request to the creditor, they have 12 days to provide a copy of the agreement. Make sure you get Proof of Postage.

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

d) Send a SAR request to the original creditor, they have 30 days to provide all the data on the account, over a 6 year period. Make sure you get Proof of Postage.

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

e) Send a cpr 31.14 request to their solicitors, they have 7 days to respond, make sure you get Proof of Postage.

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

Don't do the following yet, just look at it.

f) Amend the example defence below, you can use MCOL to file your defence, you already have some details.

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

When you Acknowledge of Service within 14 days of the date on the Claim form, you get an extra 14 days (plus 5 days postal). So work out 28 days from the date on the claim form, that's when your Defence needs to be lodged with the Court, note it down in your diary. Update the thread 4 days before it's due.

* you say unaffordability might be a factor in your case.

I think you need to fill in an income and expenditure form, take into account the cost of living crisis, utility etc. If you can only pay your creditors £1 a month so be it. I think communicating (via letters) with these HMRC, Council's, utilities etc is the key, to help you find stability.

[SleepyGuy]

Received a claim? Yes/No: Yes

Issue Date: 21/04/2023

Have you Acknowledged the Claim?: Yes

Total Amount Claimed : ( approximately 3000)

Claimant’s Name: Cabot Financial UK Limited

Solicitors Firm: Mortimer Clarke

Original Creditor: New day Re Amazon

Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card

Particulars of Claim: By an agreement between New Day Re Amazon & the defendant on or around (xxxxx 2018) the New Day Re Amazon 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 named claimant. Cabot credit management group limited, acting as servicing agent of the named claimant through its appointed representative cabot financial europe limited, has arranged for these proceedings to be issued in the name of the claimant. the named claimant therefore claim 1 xxxxx 2 costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): not barred

List any letters you have sent (eg: CCA/ CPR ): Not yet

Any Other Information or Background Details: I could not afford to keep up with payments having so much debt so ignored it.