HSBC/Cabot/Mortimer Clarke court papers, credit card debt

[Rgy3250]

Hi

I had a credit card with HSBC which defaulted due to me struggling to keep up with repayments. Unfortunately, I cannot find the default letter that’s states when this was but the debt was bought by Cabot and the registered it on my credit file Feb 2017, I believe.

Cabot originally chased but I wasn’t in a position to pay. They then went quiet and as I knew it was 6 years for a statute barred debt, I didn’t make contact with them. Out of the blue, I had a letter from Mortimer Clarke solicitors around Christmas which I didn’t respond to as I stupidly thought the debt was registered on my credit file as Feb 2016 and was almost barred. I have just received court papers now at the beginning of the week.

Today, I have acknowledged the court papers online and have found the letter to send to Cabot and Solicitors about CCA and other papers. I am just in the process of writing out these letters this afternoon.

Does anyone know if it’s likely that HSBC will provide Cabot with the paperwork? I didn’t know if it would be less likely with it being closer to the 6 year period?

If they have got all their paperwork, would there be any way I could still offer a F&F settlement to avoid having a CCJ issued? I know you can pay in full within a month and have the CCJ removed but I can’t afford the whole sum. They also offered me a 60% reduction about 3/4 years ago which I sadly couldn’t afford but I could just about scrape this together if it would avoid the CCJ.

Thanks in advance for any help.

[Rgy3250]

Received a claim? Yes

Issue Date: 9th February

Have you Acknowledged the Claim?: Yes, have acknowledged today

Total Amount Claimed : £6500

Claimant’s Name: Cabot Financial

Solicitors Firm: Mortimer Clarke

Original Creditor: HSBC

Original Debt: Credit card

Particulars of Claim: By an agreement between HSBC Bank PLC and the defendant on or around 02/03/2017 (the agreement) HSBC Bank PLC 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. 6000 2. Costs

Is the debt statute barred?: I haven’t made contact with HSBC or Cabot since they bought the debt. Cabot took over Feb 2017 according to my
credit file - not sure if this is the default date

List any letters you have sent: Received letters from Cabot when they first took over the debt and most recently a letter from Mortimer Clarke threatening court action. There was a gap in between when I had no contact from them.

Any Other Information or Background Details: As above. The debt is on my credit file from Feb 2017 with Cabot so not sure whether this is the default date or the date I started the agreement with HSBC as they seem to suggest the latter in the particulars. I’m pretty sure the card was taken out way before 2017 though, so don’t know if they’re just guessing.

[Rgy3250]

Hi

Please could anyone confirm the date I need to file my defence so that I can check this is correct on the letters I sent to the claimant and Solicitor? The court papers are dated 9th Feb, so I believed that my defence date would be 28 days plus another 5 to allow for post, giving me 14th March. Please can someone check I've got this right as it's getting so confusing.

Also, would it matter if the date they gave on their particulars for the agreement is incorrect? They've said the agreement date between myself and HSBC is 02/03/2017 but this can't be right as the original HSBC account isn't showing on my credit file at all and my credit file has Feb 2017 as the date when Cabot took over my debt - this was obviously way after I took out the agreement with HSBC and defaulted.

Any help would be appreciated as I'm feeling pretty swamped with all the info on here. I don't want to overlook an incorrect date on court paper if this is significant and would add weight to my defence.

Thank you.

[MIKE770]

Check dates submit 2 days before deadline

[MIKE770]

default when sold will show buyers name the original default date has to stay the same

Subject Access Request Letter send to HSBC get proof posting keep copies of all on file, no charge for this, they hac 30 days to supply.

[Rgy3250]

MIKE770 Thank you for your help. Would I send the SAR to HSBC even though I’ve sent out the CCA to Cabot and the other letter to the Solicitor?

Can I also check that I was only supposed to send a £1 postal order with the CCA and not the solicitor letter as well?

[MIKE770]

DSAR to HSBC who has records the others have not £1 yes with CCA request makes it a legal request, not to solicitor one payment to originators HSBC, make a note for solicitors next move If any?

[Rgy3250]

Hi, I sent off the CCA request, letter to the solicitors and SAR to HSBC but have received no reply from any of them, not even a letter of acknowledgement. I have retained proof of postage though.

I need to file my defence by Monday 14th and wondered if you could tell me what I need to do please?

Thank you.

[MIKE770]

defence:- if outstanding state:- on such a date a request for CCA was made no response received



same for any other request thats it. put defence in 2 days before deadline on line/

[Rgy3250]

MIKE770 I filed my defence as suggested but having read through some of the other information on here, it suggests that if I don’t receive responses, I must pay £255 and follow the instructions on CPR 31.14 Request for disclosure of specific information ( application ).

Do I need to do this as well as it says it must be done before my defence date and that is tomorrow.

Thank you.

[MIKE770]

Defence in good. Up to them. Now to respond or case gets stayed they have to pay a fee to un stay it

[MIKE770]

echat11 may look in

[Rgy3250]

Thank you.

Just wanted to check as I copied the defence wording from this site and deleted the paragraph about 14 about having asked for an extension. I was concerned that I shouldn’t have done this.

Also, paragraph 10 said I should delete as appropriate for what I had requested - either Agreement, Default Notice and/or Notice of Assignment, so I only left in the Agreement as that was what it said on the letter I posted (having been copied from this site). However, should I have also asked for the notice of assignment and default notice too so that I could have looked over these?

Under the ‘statement of truth’, I put that the facts stated in this *defence* are true. Was this correct? I presumed I should put defence but wasn’t sure.

[MIKE770]

14 deleted OK extension not you!

[MIKE770]

any other documents ask court later if they are not mentioned on N1 original court form, meantime sit back and await anything as they have 28 days to respond or case gets stayed. check MCOL in a weeks time for any if any updates as far as defences