cabot/mortimor clarke ccj

[eagle112]

hi all

i received a letter court letter on 20-11-14 from northampton business court saying i was being taken to court by cabot financial
the date of claim is 14-11-14 i read up on here quickly and acknowledge the claim on 23-11-14 asking for 28 days to defend this claim this was received and acknowledged by the court on 24-11-14
i am a bit unsure of the exact date of the 28 day extension on this?
the claim states that i owe 828.82 for a credit card in 2003 which was terminated and assigned to cabot financial on 22-04-05
i have heard nothing from this company about this for many years and thought it was statue barred due to no contact so was a little surprised to receive this from the court.
i sent a request to mortimer clarke asking for cpr15.5(2) and i also sent a letter to cabot requesting cca
on 2-12-14 i recieved a reply from mortimer clarke saying they had received my letter and that they were talking to cabot and would come back to me they also stated that cabot were willing to agree to a 28 day extension for me to file my defence is this the same 28 days i requested or is this another 28 days ?
it also said that i should notify the court in writing of this
does this have to be in writing or can it be done by email?
is there anything else i need to do ?
any help clearing this up for me would be much appreiciated dont want to get my dates wrong
any other help also welcome

thanks
shaun

[Amethyst]

Re: cabot/mortimor clarke ccj

Example email for the county court about the extension in http://www.legalbeagles.info/forums/...filing-defence

It'd be your original defence date ( so date of issues plus 33 days ) AND a further 28 days ( so date of issue plus 61 days )

assigned to cabot financial on 22-04-05

Have you ever had any communication / made any payment to Cabot ? If not then it sounds like you will be able to go straight with a statute barred under s.5 limitations act 1980 defence. But still good idea to go through the CCA request as extra back up.

[eagle112]

Re: cabot/mortimor clarke ccj

i have heard nothing about this for years and have made no payments
so as far as the dates go am i right in saying as i received it on 14-11-14 my defence date would be 14th january 2015 ?

[FlamingParrot]

Re: cabot/mortimor clarke ccj

i have heard nothing about this for years and have made no payments
so as far as the dates go am i right in saying as i received it on 14-11-14 my defence date would be 14th january 2015 ?

If it was DATED the 14th of November as you say above, then yes, it would be Jan 14th. This is a useful tool to calculate the dates: http://www.timeanddate.com/date/date...&am=&aw=&ad=61 :nerd:

However, it is 61 days from DATE on claim, not when you received it.

[eagle112]

Re: cabot/mortimor clarke ccj

hi guys

i have sent an email to the court regarding the agreed extension with cabot financial
yesterday i received a reply from cabot saying the following :
thank you for your request under the consumer credit act 1974
whilst we are not required to respond to your request because we have obtained a judgement
we shall seek to provide the information requested
cabot financial currently does not have this information on file
however we will request this information from the original creditor.
we anticipate that we will be able to provide this within 40 days
if we cant do this within those time limits we will write to you again.

im not sure what to do next as the extension runs until 14th january 2015 when i have to submit my defence.
i dont understand how they can say they have a judgement ?
and if they do would they not need the information i have requested from them?
any help or advice appreiciated

thanks
shaun

[Kafka]

Re: cabot/mortimor clarke ccj

The 40 days is what they are allowed for a Subject Access Request and they don't have the same time for the CCA and CPR requests. When did you send those?

Their waffle about having a judgment is also incompetence. There's nothing you can do now except read upon other cases. By the looks of it they will struggle to get anything to you, in which case your defence will be statute barred, and also failure to comply with your demands for disclosure of the relevant documentation (which they are supposed to have before filing a claim).

If you get anything post copies here, if not, watch the dates and aim to get a defence in a few days before your deadline.

[eagle112]

Re: cabot/mortimor clarke ccj

hi

i sent the cca and cpr requests on 26-11-13 and they received them on 27-11-14

shaun

[eagle112]

Re: cabot/mortimor clarke ccj

hi all
i have still heard nothing from cabot or mortimer clarke regarding this or the requests i sent.
as it is now a weeek away from the date i have to submit my defence has anyone any idea what i need to do now?

thanks

shaun