Dilema v Cabot Financial/Mortimer Clarke Solc.

[FlamingParrot]

Re: Dilema v Cabot Financial/Mortimer Clarke Solc.

If a settlement could be reached, albeit small the debt would no longer remain open and be deemed satisfied.
I close friend had a similar situation, contacted the Court to discuss and that he had spoken to the creditors advisor to try and agree some form of settlement. It was then suggested a mediator assist, which did in fact result in a settlement amount of around 20% of the debt, as that is all they could do.
Obviously there is no guarantee it will happen in the case, but perhaps through mediation in the same way it may help in reaching a settlement.

See my post above, there is always the option of mediation before going to trial. :thumb:

What I am trying to avoid is having this weight around my neck indefinately. I do have other debts, but so far I have had no correspondence relating to these for a while. I had been paying monthly nominal payments to all of them up until about 2.5 - 3 years ago. I have since been out of the Country, although still have an open bank account in the UK, as still been trying to deal with old business things, otherwise I am currently unemployed.

Mediation would be over the phone so you don't need to be physically present in the UK.

The case won't be hanging around indefinitely, it has to be decided one way or other. I'd say submit a defence first (when the time comes, just don't miss the deadline) and then you can go through mediation.

[nemesis45]

Re: Dilema v Cabot Financial/Mortimer Clarke Solc.

Nem,

Thanks for your response.

I am currently sorting the letters now to send, plus acknowledging to the court.

I am considering whether this may be an option, in order to get this off my back, as at the moment I am unsure that if they are unable to produce the documentation to support their claim, what happens then, is the debt still open for someone else to challenge later..?

If a settlement could be reached, albeit small the debt would no longer remain open and be deemed satisfied.
I close friend had a similar situation, contacted the Court to discuss and that he had spoken to the creditors advisor to try and agree some form of settlement. It was then suggested a mediator assist, which did in fact result in a settlement amount of around 20% of the debt, as that is all they could do.
Obviously there is no guarantee it will happen in the case, but perhaps through mediation in the same way it may help in reaching a settlement.

What I am trying to avoid is having this weight around my neck indefinately. I do have other debts, but so far I have had no correspondence relating to these for a while. I had been paying monthly nominal payments to all of them up until about 2.5 - 3 years ago. I have since been out of the Country, although still have an open bank account in the UK, as still been trying to deal with old business things, otherwise I am currently unemployed.

Appreciate any advice..

Regards

Dilema

Good morning Dilema,

If you feel that a defence is likely to fail and there is a possibility of clearing up this by making an offer
of full and final settlement it's a good resolution.

An F&F offer has to be carefully worded and made on conditions laid down by you e.g. " Any remaining balance is not to be sold or assigned for collection to any 3rd party agency."

All credit reference files must be up dated to show the debt as " satisfied or partially satisfied" .

No payment should be made until you have a written acceptance of the offer in your hands, and payment to be made within 7 days or your receiving the acceptance.

I would recommend making an " opening bid" at no more than 10 - 15 % of the outstanding balance to give you a little room to negotiate.

nem

[dilema]

Re: Dilema v Cabot Financial/Mortimer Clarke Solc.

Good morning Flaming Parrot and Nem,


Thank you for taking the time to respond and provide the useful advice.

I acknowledged the claim yesterday online and the letters are being sent by recorded post today. I used the templates provided, which I have signed/scanned, as my father will arrange the postage today from the UK, so there is no delay. Presumably there is no problem sending a signed scanned copy..?

I also kept the address the same (parents address) as this is where the forms/claim had been sent.

I am hoping this will be remedied as soon as possible to put this debt at least behind me. Obviously concerned that now the process has started on this one, it will potentially open the flood gates to the other debts!

Best regards

Dilema

[FlamingParrot]

Re: Dilema v Cabot Financial/Mortimer Clarke Solc.

I acknowledged the claim yesterday online and the letters are being sent by recorded post today. I used the templates provided, which I have signed/scanned, as my father will arrange the postage today from the UK, so there is no delay. Presumably there is no problem sending a signed scanned copy..?

That should be fine. :thumb:
I also kept the address the same (parents address) as this is where the forms/claim had been sent.

I am hoping this will be remedied as soon as possible to put this debt at least behind me.

The process will take some time, unless they decided to discontinue the claim, but that doesn't happen very often, certainly not at this early stage.

Obviously concerned that now the process has started on this one, it will potentially open the flood gates to the other debts!

There's no reason for that to happen, there is no record of a claim being issued anywhere either on your credit file or the public registry, nowhere other creditors could be aware that a claim has been issued. Only judgments are recorded, claims are not.

[nemesis45]

Re: Dilema v Cabot Financial/Mortimer Clarke Solc.

If you have any other delinquent accounts that are already sold on the debt purchasers will
regularly check credit reference files to see if there's any chance that it will be worth them
chasing you for payment so you may find a few searches on your files from time to time.
nem

[dilema]

Re: Dilema v Cabot Financial/Mortimer Clarke Solc.

Ok thanks again and for the responses which are noted. Have to wait and see how this unfolds!

Regards

Dilema

[dilema]

Dilema v Cabot Financial/Mortimer Clarke Solc.

hello again,

I have now received a letter or no doubt a standard letter from Cabot, basically outlining that they do not have the documents in their possession following my CCA request. They acknowledge the 12 days requested, but have informed they require 40 days in order to obtain these.

What is my next course of action..? Do I basically submit by defense by the due date, stating they have been unable to provide a copy/proof of the agreement, if of course they do not produce it in the meantime..?

Following which, if they do not produce the documents, does the Court then dismiss their claim..?

Your assistance would be appreciated.

Thanks in advance.

Dilema

[haggis0073]

Re: Dilema v Cabot Financial/Mortimer Clarke Solc.

what ever happens do not miss the deadline for filing your defence, if you hear nothing at all from them then you can add this into your defence, i am sure someone with experience will be along shortly to help

[Kati]

Re: Dilema v Cabot Financial/Mortimer Clarke Solc.

You could always ask them for an extension? They'll probably say no, but it's worth a try

example defence to give you an idea of what to do - http://www.legalbeagles.info/forums/...t-Court-Claims

[FlamingParrot]

Re: Dilema v Cabot Financial/Mortimer Clarke Solc.

You could always ask them for an extension? They'll probably say no, but it's worth a try

example defence to give you an idea of what to do - http://www.legalbeagles.info/forums/...t-Court-Claims

Actually, Mortimer Clarke almost always agree to a 28 day extension, so the OP is in luck in this case, I've just seen another thread where the same duo (Cabot/MC) have agreed, no reason whey they wouldn't in this case: :grin: :thumb:

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.