Ree vs Cabot Financial

[Ree]

I have just joined and I'm looking for a little advice.

Basically I'm being pursued by Mortimer Clarke Solicitors on behalf of Cabot. They have been chasing me for an apparent old credit card debt. I have denied the debt several times and done the usual requesting of signed original agreement, copies of statement and dates of last payment, which I have never received from them. I haven't heard from them for quite a while and presumed that the matter was over. I received a letter from Mortimer Clarke saying they were threatening court action and a couple of days later I received a court claim pack dated 1/5/2015. Today I have completed the Acknowledgement of Service with the intention of defending the claim which will go in the post first thing. I have also prepared a letter for Mortimer requesting a CPR31.14. I'm concerned they'll drag there feet and I will run out of time.

The last correspondence I had with Mortimer after I received their threat stated that the debt relates to a credit card with Capital One which bore the agreement number xxxxxxxxxxxx and the agreement was entered into on the 18/04/2008. The agreement was terminated on the 03/03/2010 and the last payment made was on 29/10/2009. These were just typed details on Mortimer's letter headed paper not the supposed original documents.

Please advise, I am getting really worried now as I have been working hard to get my credit back on track and this will set it right back if I get a CCJ. Thanks.

[Ree]

Ree vs Cabot Financial

Hi, I'm in a similar position. Mortimer Clarke Solicitors have written to me to notify the court they agree to a 28 day extension as Cabot haven't got the documents stated in the claim and they need extra time. However, that 28 day extension is running out and I'm unsure what to do next. Please help

[FlamingParrot]

Re: Cabot Financial vs Glassman 11/05/2015

Hi, I'm in a similar position. Mortimer Clarke Solicitors have written to me to notify the court they agree to a 28 day extension as Cabot haven't got the documents stated in the claim and they need extra time. However, that 28 day extension is running out and I'm unsure what to do next. Please help

Mortimer Clarke usually don't supply documents and just offer you an extension without asking, unlike Mr Carter. The CPR allow for just one extension to be agreed. You will need to either file a generic defence based on no documents provided like most other posters on here or submit an unless order to ask the court to make them disclose the documents. This course of action is generally reserved for larger claims. I don't know where your thread is describing your particular circumstances to comment further.

[nemesis45]

Re: Cabot Financial vs Glassman 11/05/2015

Hi, I'm in a similar position. Mortimer Clarke Solicitors have written to me to notify the court they agree to a 28 day extension as Cabot haven't got the documents stated in the claim and they need extra time. However, that 28 day extension is running out and I'm unsure what to do next. Please help

Your priority is to check with the court to see if MC has filed or if the claim has been stayed the day after the 28 days runs out Cabot and it's tame solicitors are prone to " back door " tactics.

In fact it may well be worth checking on Monday.

nem

[FlamingParrot]

Re: Hi All,

I see no one replied to your thread when you first posted it, sorry about that.

This is quite a large site and posts sometimes get missed. That's why it's a good idea to give them a bump after, say, 24 hours, as they will drop off the recent posts list.

I found the post whilst looking for your original thread after replying on the other thread, about your extension.

I am quoting below the post from the other thread below now I know what this debt refers to. Probably best to keep it all together on one thread so we know where we stand.

Hi, I'm in a similar position. Mortimer Clarke Solicitors have written to me to notify the court they agree to a 28 day extension as Cabot haven't got the documents stated in the claim and they need extra time. However, that 28 day extension is running out and I'm unsure what to do next. Please help

Mortimer Clarke usually don't supply documents and just offer you an extension without asking, unlike Mr Carter. The CPR allow for just one extension to be agreed. You will need to either file a generic defence based on no documents provided like most other posters on here or submit an unless order to ask the court to make them disclose the documents. This course of action is generally reserved for larger claims.

You don't say how much the claim is for. From what I can see above, SBd won't be applicable in this case so we have to look at the alternatives.

Could you type up the particulars of claim or scan (removing personal details) and post them up? :typing:

[Kati]

Re: Ree vs Cabot Financial

Hi, I'm in a similar position. Mortimer Clarke Solicitors have written to me to notify the court they agree to a 28 day extension as Cabot haven't got the documents stated in the claim and they need extra time. However, that 28 day extension is running out and I'm unsure what to do next. Please help

Hi Ree ... I've moved your post and replies to a new thread so it doesn't get confusing xx

[nemesis45]

Re: Hi All,

Hi, in this situation the credit agreement is the biggest priority does Cabot have access to a copy or not??
12 + 2 Working days for Cabot to comply if Cabot has doubts regarding the availability of an agreement it
will say it will take 40 days to get the agreement, however the 12 +2 is a statutory time scale so if they don't
comply the debt is unenforceable until an agreement is produced.

nem

[Kati]

Re: Hi All,

Hi Ree ... I've moved your post and replies to a new thread so it doesn't get confusing xx

I see no one replied to your thread when you first posted it, sorry about that.

This is quite a large site and posts sometimes get missed. That's why it's a good idea to give them a bump after, say, 24 hours, as they will drop off the recent posts list.

I found the post whilst looking for your original thread after replying on the other thread, about your extension.

I am quoting below the post from the other thread below now I know what this debt refers to. Probably best to keep it all together on one thread so we know where we stand.

threads merged

[nemesis45]

Re: Hi All,

Thank you Kati nem

[FlamingParrot]

Re: Ree vs Cabot Financial

Hi Ree ... I've moved your post and replies to a new thread so it doesn't get confusing xx

Kati, you are a star. :yo: :yo: :yo:

[FlamingParrot]

Re: Ree vs Cabot Financial

Your priority is to check with the court to see if MC has filed or if the claim has been stayed the day after the 28 days runs out Cabot and it's tame solicitors are prone to " back door " tactics.

In fact it may well be worth checking on Monday.

nem

There seems to have been a bit of confusion, possibly due to posts being on various threads. :noidea:

In this case the defence has not yet been filed by the OP, the 28 days here refer to the extension agreed by Mortimer Clarke under CPR 15.5 to file the defence, not the 28 days they have to respond to the defence. At this stage the court would only have information about the extension being agreed.

Hi, I'm in a similar position. Mortimer Clarke Solicitors have written to me to notify the court they agree to a 28 day extension as Cabot haven't got the documents stated in the claim and they need extra time. However, that 28 day extension is running out and I'm unsure what to do next. Please help

[Ree]

Re: Ree vs Cabot Financial

Thanks for the responses. Here's the details below:

Particulars of Claim:
By an agreement between Capital One and the Defendant on or around 18/04/2008 ('the Agreement') CPON agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1090.63.

I put my acknowledgement in straight away.

I requested a CCA and included my £1 postal order to Cabot on the 9th May. They kept the £1 and this was their reply:

Creditor: Cabot Financial
Original Creditor: Capital One
Original Reference: xxxxxxxxxxxxxxxx

We refer to the above matter and your letter received in our office on 13th May 2015.

We confirm that we do not hold all your information on file, therefore we have requested a statement of account and copy of the agreement from the original creditor which we will forward to you upon receipt.Please be advised that your account is now with Mortimer Clarke Solicitors. Please direct all further correspondence regarding this account to their office.

I also wrote to Mortimer Clarke requesting CPR. This was their response:

Re: Cabot Financial (UK) -v- Ree
Ref: xxxxxxx
Claim No: xxxxxxx

Further to your letter dated 9 May 2015 we are taking our client's instructions in relation to your request and will come back to you as soon as we can.

We confirm our client is willing to agree to an extension of 28 days, for you to file your defense. Pursuant to CPR 15.5(2), please notify the court in writing of the agreement.

I sent a copy of MC letter with my 28 day request to the court. I'm stuck on what to do next. They obviously don't have all the documentation. Could I get this struck off and if so how do I go about it as I don't want this hanging over my head and come back to bite me?

[nemesis45]

Re: Ree vs Cabot Financial

Thanks for the responses. Here's the details below:

Particulars of Claim:
By an agreement between Capital One and the Defendant on or around 18/04/2008 ('the Agreement') CPON agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1090.63.

I put my acknowledgement in straight away.

I requested a CCA and included my £1 postal order to Cabot on the 9th May. They kept the £1 and this was their reply:

Creditor: Cabot Financial
Original Creditor: Capital One
Original Reference: xxxxxxxxxxxxxxxx

We refer to the above matter and your letter received in our office on 13th May 2015.

We confirm that we do not hold all your information on file, therefore we have requested a statement of account and copy of the agreement from the original creditor which we will forward to you upon receipt.Please be advised that your account is now with Mortimer Clarke Solicitors. Please direct all further correspondence regarding this account to their office.

I also wrote to Mortimer Clarke requesting CPR. This was their response:

Re: Cabot Financial (UK) -v- Ree
Ref: xxxxxxx
Claim No: xxxxxxx

Further to your letter dated 9 May 2015 we are taking our client's instructions in relation to your request and will come back to you as soon as we can.

We confirm our client is willing to agree to an extension of 28 days, for you to file your defense. Pursuant to CPR 15.5(2), please notify the court in writing of the agreement.

I sent a copy of MC letter with my 28 day request to the court. I'm stuck on what to do next. They obviously don't have all the documentation. Could I get this struck off and if so how do I go about it as I don't want this hanging over my head and come back to bite me?

Good morning Ree,

You have for the time being done all that you can.

Cabot's various template about when a CCA request will be complied with are nonsense really the 12 + 2 Working Days is a statutory one and if they fail to comply the debt is unenforceable until they do.

You can start to prepare your defence as best you can without the agreement.

Regular checks with the court during the extension period Cabot and their various tame solicitors
are prone to responding at the last minute or to leave matters hanging in a way where the court has
no option but to stay the claim( Note : you will not be notified if the claim is stayed) a good reason for the regular
checks.

There is no need to chase the CCA request, and CPR31.14 is likely to be rejected " as the claim is most likely to
be allocated to the small claims track.

Re: Your point on getting the claim struck out. the court process will to an extent control what happens, if Cabot pull
one of their favourite tricks if the agreement is not available, they wont respond to the court and the claim will be stayed.
if this is too prolonged then you can apply for the claim to be struck out.

nme
nem

[FlamingParrot]

Re: Ree vs Cabot Financial

Thanks for the responses. Here's the details below:

Particulars of Claim:
By an agreement between Capital One and the Defendant on or around 18/04/2008 ('the Agreement') CPON agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1090.63.

One word of caution about this: as this is an agreement from 2008, if Cabot were to find the agreement, they would no longer be in default of your CCA request. Failing to respond within the allowed time frame of 12 + 2 working days only makes the account unenforceable for as long as the breach remains. They can supply the documents at any time and then they have to be evaluated on their own merits. It's always easier to obtain agreements for recent accounts and, even if the agreement wasn't properly executed or there were missing terms, etc. the court would have the power to enforce, because s.127 of the CCA which prevented a court from enforcing without a properly executed agreement, was repealed with effect from April 2007, but not retroactively. That means if the account was opened BEFORE that date it's more likely to be unenforceable than a more recent account.

If they find the documents you may have to look at settlement via a Tomlin Order if you wish to avoid a CCJ on record. A Tomlin Order stays proceedings as long as the terms of the order (repayments) are kept to.

We refer to the above matter and your letter received in our office on 13th May 2015.

We confirm that we do not hold all your information on file, therefore we have requested a statement of account and copy of the agreement from the original creditor which we will forward to you upon receipt.Please be advised that your account is now with Mortimer Clarke Solicitors. Please direct all further correspondence regarding this account to their office.

So they didn't send you their usual template saying they'd send the agreement in 40 days, which is rubbish anyway. It is, however, true that they wouldn't have information on file and would have to request it from CapOne. Don't chase this and let's see if they can find something, as noted above. :thumb:

We confirm our client is willing to agree to an extension of 28 days, for you to file your defense. Pursuant to CPR 15.5(2), please notify the court in writing of the agreement.

I sent a copy of MC letter with my 28 day request to the court. I'm stuck on what to do next. They obviously don't have all the documentation. Could I get this struck off and if so how do I go about it as I don't want this hanging over my head and come back to bite me?

That is just MC's standard response to all requests. They wouldn't have the documents as their client wouldn't have them either. However, it is a little early for striking out, the courts only do that as a last resort when there is no other remedy available. You would only make a strike out application at this early stage if there were no grounds for bringing the claim which is clearly not the case here. If you don't get anything from them you'll have to submit a generic defence and wait for their response. :ranger: