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Marbles CC - Cabot Financial CC Claim

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  • Marbles CC - Cabot Financial CC Claim

    Received a claim? Yes/No: Yes
    Issue Date: 12/12/2019
    Have you Acknowledged the Claim?: Yes
    Total Amount Claimed : £900
    Claimant’s Name: Cabot Financial (UK) Ltd
    Solicitors Firm: Mortimer Clarke
    Original Creditor: New Day Ltd (Marbles)
    Original Debt: Credit Card
    Particulars of Claim: By an agreement between New Day Ltd RE Marbles and the Defendant on or around XX/XX/2016 ('the Agreement') New Day Ltd RE Marbles agreed to issue the Defendant with a Credit Card. The Defendant failed to make the minimum payments due and the Agreement was terminated. The Agreement was assigned to the claimant. THE CLAIMANT THEREFORE CLAIMS XXX 2. Costs
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
    List any letters you have sent (eg: CCA/ CPR ): CPR prepared to send tomorrow, SAR prepared to send tomorrow.
    Any Other Information or Background Details: Struggling financially, baby due in next month!

    Hi, first post. Read through some others on here first. Just wanted to check I'm taking the right course of action by sending the letters as above. Any other help is much appreciate. Many Thanks.;
    Last edited by megam; 15th December 2019, 12:09:PM.
    Tags: None

  • #2
    Check dates
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request


    Comment


    • #3
      Can you confirm the dates of the agreement are correct please? I will explain the reasons why i ask once we have clarification
      I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment


      • #4
        Originally posted by pt2537 View Post
        Can you confirm the dates of the agreement are correct please? I will explain the reasons why i ask once we have clarification
        We're not sure TBH, still awaiting responses.

        Comment


        • #5
          So the Acknowledgment of service was done on 15/12 and I sent the letters out on 16th. I've yet to receive any kind of satisfactory response to my requests to Mortimer Clarke. It looks like the time to file a defence has, or is about to, run out. Is there a step I can take to prevent a CCJ?

          Comment


          • #6
            Just to be clear...

            Both my CPR and CCA requests have yet to be complied with (both sent 16/12/19). I have received acknowledgements to my requests, but they have not given the information requested - just acknowledged the requests and 'endeavoured to get the information. I'm getting anxious that time is, or has, running out.

            My Acknowledgement of service was received by the court on 16th December 19 also.

            Should I file a defense based on the fact they haven't provided the evidence they have based their claim on?

            Many thanks for all the help, I'm a bag of nerves about it!

            Comment


            • #7
              yes you will need to file a defence to the claim setting out your grounds as to why you say you arent liable to the claimant
              I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

              If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

              You can also follow my blog on consumer credit here.

              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.




              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
              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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