Court Claim: Maxim V Cabot Financial/Mortimer Clarke Solictors

[Maxim]

Received a claim: Yes
Issue Date: 8 June 2015
Amount: £2700
Claimant: Cabot Financial
Solicitors: Mortimer Clarke


Particulars of Claim:

By an agreement between Capital One (CPON & the defendant on or around 09/05/2011 ('the agreement') CPON agreed to issue the defendant with a credit card. The Defendant failed to make the minimum payments due & the agreement was terminated. The agreement was assigned to the claimant. The claimant therefore claims £2700.

Statute barred: Yes and not on credit record

Have sent:

Acknowledged claim : 25 June 2015
Sent a CCA to Cabot
Sent a CPR to Mortimer Clarke

I am starting to put together my defence as I have not received a response to my letters yet so do I also need to send a statute barred letter as well?

Thank you in advance

[FlamingParrot]

Re: Court Claim: Maxim V Cabot Financial/Mortimer Clarke Solictors

Statute barred: Yes and not on credit record

Have sent:

Acknowledged claim : 25 June 2015
Sent a CCA to Cabot
Sent a CPR to Mortimer Clarke

I am starting to put together my defence as I have not received a response to my letters yet so do I also need to send a statute barred letter as well?

Thank you in advance

No, no need for a separate letter. You can combine both the fact that it's SBd and the fact they didn't supply you with documents in your defence. You will find one such example here: http://www.legalbeagles.info/forums/...011#post494011

It also refers to a CrapOne card although the parties involved were different. As you will notice, the defendant WON that one. :grin: :thumb: :grin:

[nemesis45]

Re: Court Claim: Maxim V Cabot Financial/Mortimer Clarke Solictors

HI,
The account not being on Credit reference files does not mean the debt is statute barred.

SB in England & Wales = 6 clear years with no payments or written acknowledgment of the debt.
For a credit card account (simple contract) the six year clock starts ticking when a contractual payment
was due and not made, after which no further payment or unequivocal written acknowledgment of the
was ever made. i.e, 1 month after the last payment. Any payment at any time in that 6 year period restarts the
clock.

CCA request has a time scale of 12 + 2 Working Days for compliance failure to comply
renders the debt unenforceable until the agreement is produced.
CPR 31.14 is likely to be rejected.

An SB defence is a complete defence but you must be sure you are right on dates and payments.

You can send a " carefully worded" stat barred letter to the solicitors to try to stave off the claim now
if you wish, it must not in any way admit liability for the debt.

nem

[jon1965]

Re: Court Claim: Maxim V Cabot Financial/Mortimer Clarke Solictors

In the POC you have stated that the card was issued in 2011, if that is correct there is no way on this earth (not even in Scotland) that this could be SB. Are you sure of those dates?

Before you start on your defence they need checking out . If you have just made an error in posting, what is the real date and do you know when the last payment was made?

If the date on the claim form is incorrect I am not sure how the solicitors would get round it, probably just in effect alter the POC (maybe withdraw and issue another claim)

[Maxim]

Re: Court Claim: Maxim V Cabot Financial/Mortimer Clarke Solictors

In the POC you have stated that the card was issued in 2011, if that is correct there is no way on this earth (not even in Scotland) that this could be SB. Are you sure of those dates? Sorry I meant 2001

Before you start on your defence they need checking out . If you have just made an error in posting, what is the real date and do you know when the last payment was made?

If the date on the claim form is incorrect I am not sure how the solicitors would get round it, probably just in effect alter the POC (maybe withdraw and issue another claim)

I received the claim form late but this Crap One card was defaulted in 2006 and the last time I acknowledged I think was 2008. I have received the standard letter from Cabot in response to my CCA saying they do not have the relevant info on file and have requested it from the lender. They acknowledge the 12 day time limit to provide info however they anticipate they could provide info within 40 days.


Thank you in advance
I have to submit my defence by next Wednesday 8 July so do I ask for an extension?

[Maxim]

Re: Court Claim: Maxim V Cabot Financial/Mortimer Clarke Solictors

[QUOTE=FlamingParrot;557432]No, no need for a separate letter. You can combine both the fact that it's SBd and the fact they didn't supply you with documents in your defence. You will find one such example here: http://www.legalbeagles.info/forums/...011#post494011

It also refers to a CrapOne card although the parties involved were different. As you will notice, the defendant WON that one. :grin: :thumb: :grin:[/QU

Thank you very much for your all your help everyone.

[FlamingParrot]

Re: Court Claim: Maxim V Cabot Financial/Mortimer Clarke Solictors

Thank you very much for your all your help everyone.

Would you know the answer to the issue raised by Jon above?

If the card was taken out in 2011, then it couldn't possibly be SBd, even if you never made a payment. Could you double-check if that's actually what the particulars of claim state and whether that is accurate according to your records and recollection?

In the POC you have stated that the card was issued in 2011, if that is correct there is no way on this earth (not even in Scotland) that this could be SB. Are you sure of those dates?

Before you start on your defence they need checking out . If you have just made an error in posting, what is the real date and do you know when the last payment was made?

If the date on the claim form is incorrect I am not sure how the solicitors would get round it, probably just in effect alter the POC (maybe withdraw and issue another claim)

[Maxim]

Re: Court Claim: Maxim V Cabot Financial/Mortimer Clarke Solictors

Would you know the answer to the issue raised by Jon above?

If the card was taken out in 2011, then it couldn't possibly be SBd, even if you never made a payment. Could you double-check if that's actually what the particulars of claim state and whether that is accurate according to your records and recollection?

Hi Flaming Parrot,

Sorry that was a typing errors on the POC " The agreement between Capital One & the defendant was on or around 09/05/2001"

[jon1965]

Re: Court Claim: Maxim V Cabot Financial/Mortimer Clarke Solictors

I am not the expert on this bit at all but I think you need to a) request an extension and b) if you are sure it is SB write to the solicitor telling them that it is SB. You could even just put in a SB defence however checking your facts first might be helpful just to be 100% sure

FP, Maxim has noted it is actually from 2001

[FlamingParrot]

Re: Court Claim: Maxim V Cabot Financial/Mortimer Clarke Solictors

I received the claim form late but this Crap One card was defaulted in 2006 and the last time I acknowledged I think was 2008. I have received the standard letter from Cabot in response to my CCA saying they do not have the relevant info on file and have requested it from the lender. They acknowledge the 12 day time limit to provide info however they anticipate they could provide info within 40 days.

That's their usual template response.

Thank you in advance
I have to submit my defence by next Wednesday 8 July so do I ask for an extension?

I would! Mortimer Clarke usually do agree to a 28 day extension. You could try sending them an email saying you need the documents to submit your defence, as they haven't provided them, would they be so kind as to agree to an extension. If you get no reply, chase up by phone. hone:

Once you get their response (email would be fine), you need to forward it to the court. :typing:

Hi Flaming Parrot,

Sorry that was a typing errors on the POC " The agreement between Capital One & the defendant was on or around 09/05/2001"

Ah, that's much better!

[Maxim]

Re: Court Claim: Maxim V Cabot Financial/Mortimer Clarke Solictors

Hi Flaming Parrot,

Sorry that was a typing errors on the POC " The agreement between Capital One & the defendant was on or around 09/05/2001"

Also I have never paid Cabot anything and the last payment I recall was 2008 when it was with another DCA. I have not acknowledged the debt since 2008.. Definitely the POC states that the agreement was in 2001.

[FlamingParrot]

Re: Court Claim: Maxim V Cabot Financial/Mortimer Clarke Solictors

Also I have never paid Cabot anything and the last payment I recall was 2008 when it was with another DCA. I have not acknowledged the debt since 2008.. Definitely the POC states that the agreement was in 2001.

Excellent news! :whoo:

So it's up to you whether you want to ask for an extension or just submit a combined SBd and no documents received defence as per post #2. :thumb:

[Maxim]

Re: Court Claim: Maxim V Cabot Financial/Mortimer Clarke Solictors

Excellent news! :whoo:

So it's up to you whether you want to ask for an extension or just submit a combined SBd and no documents received defence as per post #2. :thumb:

Thank you very much

[Maxim]

Re: Court Claim: Maxim V Cabot Financial/Mortimer Clarke Solictors

Thank you very much

Hi All,

I submitted my defence on July 7 as per post 2 in this thread. My question is it is now 19 days since Cabot received my CCA and they have not provided me with any information at all. Do I just wait or what do I need to do in the meantime?

Thank you in advance

[FlamingParrot]

Re: Court Claim: Maxim V Cabot Financial/Mortimer Clarke Solictors

Hi All,

I submitted my defence on July 7 as per post 2 in this thread. My question is it is now 19 days since Cabot received my CCA and they have not provided me with any information at all. Do I just wait or what do I need to do in the meantime?

Thank you in advance

Yes, Cabot have 28 days after receiving your defence, to reply to the court and say whether they wish to proceed with the claim. If they don't respond, the claim will be stayed but you won't be informed of that fact. If they decide to proceed, the court will send you a directions questionnaire and notice of allocation to small claims track.

Non compliance with a CCA request is a bar to enforcement for as long as they are in breach, however, they can produce the document at any point. There is no need to chase them. :ranger:

You have submitted a SBd defence and SBd is an absolute defence, even if they produced a compliant CCA, if they can't show any legitimate payments or written acknowledgment in the past six years, they are basically stuffed. :grin: