Cabot Financial/Mortimer Clarke solicitors County Court Claim Form

**Amethyst** · 13th August 2014, 19:41:PM

Re: Cabot Financial/Mortimer Clarke solicitors County Court Claim Form

Hi Babylon and Welcome

The advice you got on MSE was correct = you need to lg in to MCOL and tick intend to defend in full, don't fill any defence details or amounts in, and this basically just serves to give you extra time to get things sorted out regarding the debt.

No need to panic as you have 14 days from receipt of the claim to put acknoweledgement in. This then extends the time you have to enter a defence to 28 days from service ( or 33 days from the date on the claim form)

They are also correct you should send a CCA request - this is simply a formal request under the Consumer Credit Act for a copy of your original agreement that you signed in 2004. If they do not or cannot supply it then they are unable to progress the claim to Judgment.

You should also send what's known as a CPR 31.14 request - which is a request for copies of documents the claimant has mentioned in their statement of case (written on the claim form) and on which they intend to rely on in bringing the claim.

I'll grab you some links.

The basic hope is that they can't comply, or if they do, their documents show up flaws which force them to withdraw from the claim or at least enable you to negotiate an agreement to pay affordable amounts under a Tomlin Order (basically an agreement between you and they that you will pay £x a month and they won't enter a CCJ against you)

Hope that helps, feel free to ask any questions you like, we're here to help

Sharon

**Amethyst** · 13th August 2014, 19:42:PM

Re: Cabot Financial/Mortimer Clarke solicitors County Court Claim Form

This is my basic guidance and first steps post with links to relevant letters you need
...............

Firstly, don't panic.

Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.

**Babylon30** · 13th August 2014, 19:52:PM

Re: Cabot Financial/Mortimer Clarke solicitors County Court Claim Form

Thank you so much for your response, it's very much appreciated. The CCA will 've interesting as I know I never signed anything - it was goods ordered online. I never signed a contract.

**ram** · 4th July 2015, 14:38:PM

Re: Cabot Financial/Mortimer Clarke solicitors County Court Claim Form

Hi sorry to tag on someone else's thread but I'm in a very similar situation with Mortimer Clarke/cabot financial, and wondered if I should respond in the same manner. I've received a county court claim form regarding a loan originally with ltsb in 08. Soon after taking the loan I lost my job hoping that ppi would cover it! to my recollection I haven't made a payment or had any contact with Cabot previous to 09 so I assumed it statute barred since recieving this though it has me rattled.
The claim form had no other paperwork attached regarding the claim other than the response pack, and in the particulars of claim section it reads quote:

By an agreement between LLOYDS TSB (LTSB) & the defendant on or around 07/08/2008 ('the agreement') LTSB agreed to loan the Defendant monies. The Defendant did not pay the instalments as they fell due & the agreement was terminated. The agreement was assigned to the claimant. THE CLAIMANT THEREFORE CLAIMS £amount.

I cannot find any paperwork myself at this time but I did only receive the claim today 4/7/15. My circumstances have changed since and now have a family and all the usual fiscal drama that entails as well as working all hours etc. Which is fundamentally why I worry, as everyone does. PIease forgive my ignorance on the subject but i would appreciate any reply or help you can give me

**FlamingParrot** · 4th July 2015, 21:32:PM

Re: Cabot Financial/Mortimer Clarke solicitors County Court Claim Form

Replied to new thread here: http://www.legalbeagles.info/forums/...595#post557595

Cabot Financial/Mortimer Clarke solicitors County Court Claim Form