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

[Lpoppie]

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

Hello, Just a quick update. Cabot Financial have replied agreeing to a 28 day extension. It says pursuit CPR 15.5(2) please notify the court in writing of the agreement.
It also says 'we believe you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor'. I think it was about 12 years ago so I do not have these documents.
It also says 'we would be grateful if you could confirm which documents you have in your possession or control relating to this mater to avoid duplication over document inspection. We will then take our clients instruction'.
Please could you advise me on my next steps to take.
Thank you in advance.

[Lpoppie]

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

Sorry the letter was from Mortimer Clarke RE: Cabot financial.

[nemesis45]

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

Hello, Just a quick update. Cabot Financial have replied agreeing to a 28 day extension. It says pursuit CPR 15.5(2) please notify the court in writing of the agreement.
It also says 'we believe you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor'. I think it was about 12 years ago so I do not have these documents.
It also says 'we would be grateful if you could confirm which documents you have in your possession or control relating to this mater to avoid duplication over document inspection. We will then take our clients instruction'.
Please could you advise me on my next steps to take.
Thank you in advance.

A typical reply from Weightmans, It's irrelevant what you may or may not have received in the past either by way of a CCA request or any other means.
You should decline the request for disclosure of any documents you hold, stating that any such items will be disclosed as and when so ordered by the court at the appropriate time.

This is what Weightmans would tell you in the same situation.

nem

[Lpoppie]

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

Thank you will send a letter back to them

[FlamingParrot]

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

Hello, Just a quick update. Cabot Financial have replied agreeing to a 28 day extension. It says pursuit CPR 15.5(2) please notify the court in writing of the agreement.

That's good news, Mortimer Clarke (Cabot's solicitors) almost always agree. :thumb:

You need to forward their letter to the court as indicated, to notify the court of the agreement to file your defence.

It also says 'we believe you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor'. I think it was about 12 years ago so I do not have these documents.
It also says 'we would be grateful if you could confirm which documents you have in your possession or control relating to this mater to avoid duplication over document inspection. We will then take our clients instruction'.
Please could you advise me on my next steps to take.
Thank you in advance.

That's just plain silly, :mad2: :mad2: :mad2: in civil litigation the burden of proof is on the claimant. If I issue a claim saying you owe me money I must be able to provide proof that you do. I would say they should have been in possession of the documents they relied on, before they issued the claim! It's them who have to prove they have a valid argument.

[FlamingParrot]

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

A typical reply from Weightmans, It's irrelevant what you may or may not have received in the past either by way of a CCA request or any other means.
You should decline the request for disclosure of any documents you hold, stating that any such items will be disclosed as and when so ordered by the court at the appropriate time.

This is what Weightmans would tell you in the same situation.

nem

I'm a little confused now, aren't Mortimer Clarke the solicitors acting for Cabot in this case? :confused2: As that's what it says on the title of this thread and Mortimer Clarke are normally agreeable to a 28 day extension as noted above. The solicitors details should be on the letter they've sent agreeing to the extension and also on the claim form, in the box labelled 'address for correspondence'.

[Lpoppie]

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

Hello FlamingParrot, yes it is mortimer clarke solicitor and Cabot. Do I need to reply to Mortimer Clarke saying that I do not have the documents.
Thanks

[FlamingParrot]

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

Hello FlamingParrot, yes it is mortimer clarke solicitor and Cabot. Do I need to reply to Mortimer Clarke saying that I do not have the documents.
Thanks

Not at this point, they've just agreed to an extension so you need to inform the court of that fact. The 28 days are on top of your previous deadline to file a defence so it gives you a bit of time. If you still don't receive anything in, say, a couple of weeks, you could start chasing them again. Do keep us posted. :typing:

[Lpoppie]

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

Hello just an update, today I received a letter from Cabot saying that unfortunately we have not been able to provide you with the requested information within the relevant time period. Your credit agreement is currently unenforceable which means we are not permitted to obtain a judgement or decree against you in court. However you are still obliged to repay the outstanding balance. Do you think I should reply and offer a repayment plan I was paying around £8 a month until they canceled the direct debit.
Thank you for all your help.

[nemesis45]

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

Hello just an update, today I received a letter from Cabot saying that unfortunately we have not been able to provide you with the requested information within the relevant time period. Your credit agreement is currently unenforceable which means we are not permitted to obtain a judgement or decree against you in court. However you are still obliged to repay the outstanding balance. Do you think I should reply and offer a repayment plan I was paying around £8 a month until they canceled the direct debit.
Thank you for all your help.

Keep that letter safe and make sure that funds are available to meet the DD each month just in case Crapbot try stating the DD's were not met so they can consider a Claim.

nem