Cabot/Mortimer Clarke

[Inheritthewind]

Hello all, I wonder if one of you lovely folk would be able to kindly assist me please.
My situation is relatively similar to this : http://www.legalbeagles.info/forums/...urt-Claim-Form

The differences being it initially refers to a credit card originally taken on in 2003 and I don't believe it would be stat barred because it's likely a payment was made towards the debt in the previous six years, albeit not to the original creditor. But Noddle doesn't show any record of this debt on my credit rating whatsoever. Would I be best fully disputing it and going through the steps on the aforementioned post, or would a part dispute be better?

Thank you in advance, any advice/help would be most appreciated.

[Inheritthewind]

Re: Cabot/Mortimer Clarke

Sorry, I should also add that the figure on the summons isnt one I recognise. They appear to have added to the original figure owed quite significantly.

[FlamingParrot]

Re: Cabot/Mortimer Clarke

Hello all, I wonder if one of you lovely folk would be able to kindly assist me please.
My situation is relatively similar to this : http://www.legalbeagles.info/forums/...urt-Claim-Form

Have looked at that one, and it's one of those threads that was left inconclusive as the OP never came back to update us.

Bear in mind every case is different so it would be good if you could give us a bit more detail about your own account. :typing:

The differences being it initially refers to a credit card originally taken on in 2003 and I don't believe it would be stat barred because it's likely a payment was made towards the debt in the previous six years, albeit not to the original creditor.

You say A PAYMENT? Just one random payment? Or a series of monthly payments? What credit card was this? Who is the current owner? I take it it's Cabot as that's the case on the other thread.

Would be useful if you could type up the particulars of your claim.

But Noddle doesn't show any record of this debt on my credit rating whatsoever.

If it was defaulted over six years ago, the default would have dropped off your credit records, however, if payments were made after that then it may not be SBd. Credit files are not a good indication of SBd status or anything relevant to court claims.

Would I be best fully disputing it and going through the steps on the aforementioned post, or would a part dispute be better?

Thank you in advance, any advice/help would be most appreciated.

Why would you dispute it in part? If you do, you'd very likely end up with a CCJ for the undisputed amount. :scared:

The steps mentioned here still apply to start with: http://www.legalbeagles.info/forums/...225#post461225

[Inheritthewind]

Re: Cabot/Mortimer Clarke

Thanks for responding so quickly. I believe I will go through the steps in that link for the time being and dispute the full amount accordingly.

To give some further background, I was sending monthly cheques to a company who I believe held this debt, certainly at some point since 2008 (this was one of four debts that I couldn’t afford to pay off from 2008 onwards, for various reasons) however the last one I sent was a year ago now and I couldn’t tell you with any real certainty as to whether this was even linked to the debt mentioned in the County Court Summons. I know they cashed at least some of them over the years but I hadn't received any correspondence to them or sent any letters myself, for a few years. The thing is, I’ve received so many letters from different companies over the years claiming they’ve bought debts in my name and it’s been difficult sorting out the chancers from the genuine companies (for want of a better phrase!); albeit it had been quite a while since I received anything, this summons did come somewhat out of the blue.

Forgive me for being vague. Since 2008, when I first seeked advice from Payplan as my outgoings far outweighed my incomings, my circumstances have changed on occasions, mainly because I’ve had periods of unemployment and being on Statutory Sick Pay and effectively living off an overdraft for the past few years, so due to these other more immediate concerns, a lot of the details on the old debts are hazy now; particularly, as I say, because I was no longer being hounded on a regular basis with threatening letters and phone calls, which was happening a lot in 2008/2009.

[Inheritthewind]

Re: Cabot/Mortimer Clarke

Sorry I have a further question re: the link - it says to send a CCA to the claimant and CPR to the claimant's solicitors. On the summons I received, the Claimant name & address is Cabot's but underneath it says 'Address for sending documents and payments (if different)' where it details Mortimer Clarke Solictors name & address. Shall I send both CCA & CPR to Mortimer? Or CCA to Cabot directly and CPR to Mortimer? Or duplicates to both?
Thank you

[Inheritthewind]

Re: Cabot/Mortimer Clarke

Also, I've acknowledged service but haven't said I intend to contest jurisdiction - will I need to do that as well? Or is acknowledging service & that I intend to dispute the claim, enough? I'm now worried I should have said I contested it, as it says on the acknowledgement that "if you do not file an application to dispute the jurisdiction of the court within 14 days of the date of filing this, it will be assumed that you accept the court’s jurisdiction and judgment may be entered against you."

[Amethyst]

Re: Cabot/Mortimer Clarke

No don't contest jurisdiction. Acknowledge and intend to defend is plenty xxxx

[Inheritthewind]

Re: Cabot/Mortimer Clarke

No don't contest jurisdiction. Acknowledge and intend to defend is plenty xxxx

Thanks for that, that's a relief! :tinysmile_grin_t:
What are your thoughts on the CCA and CPR please - shall I send CCA to Cabot and CPR to their solicitors, or send both to the solicitors? Thank you

[Amethyst]

Re: Cabot/Mortimer Clarke

CCA to the claimant and CPR to the claimant's solicitors

CCA to CABOT

CPR to Mortimer Clarke

[Inheritthewind]

Re: Cabot/Mortimer Clarke

Thanks again. What threw me is that it said address for sending documents to was the Solicitors but I guess they're not referring to CCAs when they say that thanks

[Wiliam]

Re: Cabot/Mortimer Clarke

Hi I have joined this site today and i am wanting to ask a question. how do i do that ? How do i start a new question.

I know its off topic - but please help me