Claim form Cabot/mortimer clarke however cabot stopped taking my direct debit

[Lpoppie]

Hello there, I just needed a little advice. I have received a claim form with Cabot financial as the claimant, however I have a direct debit set up with these people but I can see that they have not been taking it for some time not sure how long will have to check my bank statements. The original debt was with Halifax and I stopped paying them in 2003 because I lost my job. I just need a little advice as what to do next the claim form is from the county court business centre, Northampton.

Can they make a claim if it is them that has stopped the payment agreement.

Thank you for help in advance.

[FlamingParrot]

Re: Claim form Cabot/mortimer clarke however cabot stopped taking my direct debit

Hi and welcome

Is there any chance you could post up the particulars of claim? :typing:

What sort of account was this? a loan, credit card or an overdraft? How much are they claiming and how much were you paying them every month?

You'll need to start by acknowledging the claim, which you can do online, and tick the box that says you intend to defend the whole claim. Basically you need to follow the steps below. If it was an overdraft then don't send the CCA request but do send it to Cabot if it was a loan or a credit card.

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 - this will extend the time you have to respond to the claim to 28 days from when you received it

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)

[Lpoppie]

Re: Claim form Cabot/mortimer clarke however cabot stopped taking my direct debit

Hello Thank you,
This was a Halifax unsecured loan the amount being claimed is 9857.48 but with the court fee and solicitors cost its 10367.48. Cabot is the claimant and Mortimer clarke is the address for sending documents and payments. I have acknowledged the claim online and am going to send CCA request. did not know about CPR so will look into that. I was paying Cabot £8.25 but when I got this court letter I checked my bank to see if they were still taking the direct debit and they have not been it looks like its been a while, but the direct debit is still set up and defiantly not been canceled. I could no longer pay halifax the loan when my daughter was born, as I had to leave my job due to illness.
Can they still apply to court when it is them who is taking the money agreed.
Thank you

[Lpoppie]

Re: Claim form Cabot/mortimer clarke however cabot stopped taking my direct debit

Sorry do I send CPR and CCA to Cabot the claiment or Mortimer Clarke Solicitors.

Thank you

[FlamingParrot]

Re: Claim form Cabot/mortimer clarke however cabot stopped taking my direct debit

Hello Thank you,
This was a Halifax unsecured loan the amount being claimed is 9857.48 but with the court fee and solicitors cost its 10367.48.

It does make a difference because claims over £10k are allocated to the fast track as opposed to small claims and there are differences in the way the cases are managed.

Cabot is the claimant and Mortimer clarke is the address for sending documents and payments. I have acknowledged the claim online and am going to send CCA request. did not know about CPR so will look into that.

It is important to send the request for documents referred to in the particulars of claim, especially in view of the value of the claim. :thumb:

I was paying Cabot £8.25 but when I got this court letter I checked my bank to see if they were still taking the direct debit and they have not been it looks like its been a while, but the direct debit is still set up and defiantly not been canceled. I could no longer pay halifax the loan when my daughter was born, as I had to leave my job due to illness.
Can they still apply to court when it is them who is taking the money agreed.
Thank you

Did they ever contact you complaining about the lack of payments?

The thing is, those informal payment arrangements are not legally binding. Creditors have been known to take court action even when payments are being made as agreed. For example, in this case, the defendant had been making the agreed payments when the bank decided to take her to court.

• The Defendant ran into financial difficulties and in July 2009 she failed to make the minimum payment due on the card. She informed the Claimant of her problems in February 2010 and it was agreed that she would make payments of £5.44 a month from March 2010.
• On 12^th October 2010 the Claimant served a default notice with a final demand being sent on 11^th November 2010. These proceedings were issued on 20^th December 2010.

Now then, Di Mayhew received a Default notice and she ignored it, why? well she received the Default and then a couple of days later she received a letter saying “please ignore the previous correspondence and maintain your payment arrangement” so she did, she just carried on paying. She did not stop paying and tell Santander to get lost, she did not ever intend to avoid paying this debt, what she got was sued by Santander and put in such a position where she needed to seek legal assistance.

Di Mayhew is a pensioner, she did not go out to avoid paying her debt, infact this lady said to me when we had been given the judgment “do i still need to keep paying because i feel that i should because i borrowed the money”

[FlamingParrot]

Re: Claim form Cabot/mortimer clarke however cabot stopped taking my direct debit

Sorry do I send CPR and CCA to Cabot the claiment or Mortimer Clarke Solicitors.

Thank you

• CCA request to Cabot the claimant with £1 fee. They have 12+2 working days to respond but Cabot are very likely to send you a letter saying it will take them 40 days. :mmph: There is no need to chase this one.
• CPR 31.14 request to Mortimer Clarke at the address for documents and payments printed in the second box down on the right hand side of the claim - no fee required for this one. They have 7 days to respond and you do need to chase this request. Mortimer Clarke almost always offer a 28 day extension even without asking them. :thumb:

Both should be sent recorded delivery so you can track them. :typing:

[Lpoppie]

Re: Claim form Cabot/mortimer clarke however cabot stopped taking my direct debit

Thank you very much for this information will send these off first thing in the morning. I am very worried about this what do you think the likely outcome is will they demand the whole amount paid.

[FlamingParrot]

Re: Claim form Cabot/mortimer clarke however cabot stopped taking my direct debit

Thank you very much for this information will send these off first thing in the morning. I am very worried about this what do you think the likely outcome is will they demand the whole amount paid.

This is going to be a long process and we're at the very beginning.

Can you tell us a bit more about this loan:

• When did you take it out?
• Any idea how you applied for it (online, in branch, by post, over the phone, etc.)?
• How long ago did you default on it?
• Do you recall getting a default notice?
• Was there any PPI?

The more information you can provide the better. :typing:

[Lpoppie]

Re: Claim form Cabot/mortimer clarke however cabot stopped taking my direct debit

Thanks I will look for any paperwork, I applied with my bank in 2003 it was a top up on a previous loan with Halifax it was in the branch that I applied. I don't know when I defaulted will have to check but I do not bank with them any more. Will check ppi. I know it has not been on credit report for some time it is likely that this will flag it up again. I was hoping to start my own limited company in April will this effect this happening do you think. I was going to take over an already established company I hope this does not mess it up.
Thank you for your time and help

[Lpoppie]

Re: Claim form Cabot/mortimer clarke however cabot stopped taking my direct debit

Hi there, just found a letter from Cabot dated 4th july 2014. The last payment they took by direct debit was may 2014, but i don't understand why they didn't continue to take the direct debit it was all set up as it had been for a few years.
I did get married June and have a joint account with my husband now but the bank said it would not effect any direct debits as the sort code and account number are the same so i dont think it was because of that it didnt effect any other direct debits.
Their letter was a notice of arrears cant find anything else from them.
Thank you

[nemesis45]

Re: Claim form Cabot/mortimer clarke however cabot stopped taking my direct debit

Hi there, just found a letter from Cabot dated 4th july 2014. The last payment they took by direct debit was may 2014, but i don't understand why they didn't continue to take the direct debit it was all set up as it had been for a few years.
I did get married June and have a joint account with my husband now but the bank said it would not effect any direct debits as the sort code and account number are the same so i dont think it was because of that it didnt effect any other direct debits.
Their letter was a notice of arrears cant find anything else from them.
Thank you

It is not unknown for debt purchasers to stop " claiming" Direct Debt Payments so they
can state that arranged payments ceased so we escalated the case to litigation.
Your bank should be able to show that payments were not claimed.

nem

[FlamingParrot]

Re: Claim form Cabot/mortimer clarke however cabot stopped taking my direct debit

Thanks I will look for any paperwork, I applied with my bank in 2003 it was a top up on a previous loan with Halifax it was in the branch that I applied.[

That's good news, your loan still falls under s.127 of the CCA that prevents a court from enforcing unless there was a properly executed agreement with all the prescribed terms to start with. :thumb: Let's see what documents they send you (if any).

TI don't know when I defaulted will have to check but I do not bank with them any more. Will check ppi. I know it has not been on credit report for some time it is likely that this will flag it up again.

No, only ONE default can be recorded for each account, and they drop off six years after they are recorded. Claims are not recorded, only judgments, but if it came to that point, you could always look to settle via a Tomlin Order which is a way to avoid a CCJ on file, but we're still miles away from this point.

TI was hoping to start my own limited company in April will this effect this happening do you think. I was going to take over an already established company I hope this does not mess it up.
Thank you for your time and help

Even if you had a CCJ it wouldn't prevent you from being a company director, however, as above, there are ways to avoid one in the first place. :thumb:

[Lpoppie]

Re: Claim form Cabot/mortimer clarke however cabot stopped taking my direct debit

Thank you for your time in replying to my posts. I have the letters ready to send tomorrow just want to know if i should hand sign them or if its ok to have my name printed.
I do remember there was an agreement with Halifax which I signed when I took the loan out so I know one did exist.
Thank you

[FlamingParrot]

Re: Claim form Cabot/mortimer clarke however cabot stopped taking my direct debit

You can sign them if only to avoid delays in case they come back saying they need your signature, etc. If you are in any way concerned, you can use the anti-tamper signature strip.


You may have signed something when you took out the loan, that doesn't mean all the prescribed terms would have been there, we'll need to look at the document to find out.

[Lpoppie]

Re: Claim form Cabot/mortimer clarke however cabot stopped taking my direct debit

Ok thank you I have sent everything off today and will update you when I here back.
Thank you for your time and help.