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Received a CCJ claim form yesterday. Need advice.

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  • Received a CCJ claim form yesterday. Need advice.

    Yesterday I received a CCJ claim form for a debt owed to Cabot/Mortimer.
    Received a claim? Yes/No: Yes
    Issue Date: 03/01/2023
    Have you Acknowledged the Claim?: No
    Total Amount Claimed : £2800
    Claimantís Name: Cabot Financial (UK) Limited
    Solicitors Firm: Mortimer Clarke Solicitors Ltd
    Original Creditor: Oakbrook Finance Ltd
    Original Debt (eg. Credit card/Loan/Overdraft) : Loan
    Particulars of Claim: By an agreement between Oakbrook Finance Ltd & the defendant on or around 05/03/2018 ('the agreement') Oakbrook Finance Ltd 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 named claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through it's Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant.
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 5 years?): No
    List any letters you have sent (eg: CCA/ CPR ): Responded to the letter before claim stating "I don't know whether I owe the debt" I also sent with it a request for a copy of the credit agreement.
    Any Other Information or Background Details: Mortimer Clarke responded with another letter before claim pack, they never sent me a copy of the credit agreement. They did send a "statement of your account covering 01/09/2019 to 22/10/2022. This "statement just stated the Cabot reference, original account number, original creditor, regarding, current creditor, opening balance on 01/09/2019: £2897 and the statement which has, date: "01/09/2019", description: "partial recourse", Debits "0.00", Credits "392.16" and balance as of "22/11/22: £2506"

    I am not sure what to do. I know I have 14 days from the date of claim.
    I have no idea whether to defend the claim as I have not received a copy of the original credit agreement or, complete the admission form and make an offer of payment in instalments.
    Which option is the least likely to result in having a CCJ against me or am I screwed either way?

    Any help is appreciated.

    Thank you
    Tags: None

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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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