CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

[Pos1tive]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

Is this ok?

"Dear Sir/Madam

Your Reference: XXXXXXXX

I have received a letter from you (Attachment A) in correspondence to a Credit Card Agreement request I made dated XX^th July (Attachment B).

I believe this is the correct Reference Number as you have advised of this reference number in a previous Letter sent to myself (Attachment C).

It has taken yourselves 15 days to return the Credit Card Agreement request and I believe this is a deliberate action to delay complying with the CCA request and that you do not expect any more delays, and there usual "40 day delaying” tactic is unacceptable.

I cannot advise anymore then use the Reference number you have provided.

I therefore re. Enclose the £1 Postal Order and ask if you action my Request made on XX^th July immediately."

[Kati]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

Also can anyone advise with how the dates get affected with this?

1. Court Claim: Dated: 2nd July / Received: 3rd July
2. Acknowledged Court Claim Online: 8th July
3. Sent Request to Cabot for CCA: 9th July / They received and Signed for on 10th July
4. Sent Request to Mortimer for CPR: 9th July / They received and Signed for on 10th July
5. Mortimer confirmed extension of 28 Days: Dated: 20th July / Received: 21st July
6. Advised Court of extension of 28 Days via Email on: 21st July
7. Cabot advised response to CCA Request (Stated above): Dated: 23th July / Received: 25th July

Should I also start thinking of a defence? Not quite sure how to proceed.

Again all your advice is immensely appreciated.

With the 28day extension agreed and the court already notified, your defence is now due on Tuesday 1st September (33 days from date of issue (2nd July) = 4th August + 28days extension) http://www.timeanddate.com/date/date...&am=&aw=&ad=28

[nemesis45]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

Hello all,
@pt2537 @nemesis45 @FlamingParrot

Need some advice regarding this all.

My father received a letter today from Cabot regarding the CC Request stating:

"I refer to a letter received on XX July 2015

I acknowledge receipt of your request under sections 77-79 of the Consumer Credit Act 1974; however I have been unable to locate the account under the details you have provided, as the reference number you have quoted does not match our records.

Therefore I respectfully request that you obtain the correct Cabot reference number and confirm any previous address we may hold for you and forward that information on to us in order for your request to be actioned.

Enc: £1 Postal Order"

Now the funny thing is, having checked the Reference I gave to Cabot - it is correct as I have a letter from them stating this reference.

Should I write them another letter enclosing the letter with the reference they state I should use when contacting them?

I do not want to give them my fathers previous address as I believe this may help them with there investigations indirectly.

Also can anyone advise with how the dates get affected with this?

1. Court Claim: Dated: 2nd July / Received: 3rd July
2. Acknowledged Court Claim Online: 8th July
3. Sent Request to Cabot for CCA: 9th July / They received and Signed for on 10th July
4. Sent Request to Mortimer for CPR: 9th July / They received and Signed for on 10th July
5. Mortimer confirmed extension of 28 Days: Dated: 20th July / Received: 21st July
6. Advised Court of extension of 28 Days via Email on: 21st July
7. Cabot advised response to CCA Request (Stated above): Dated: 23th July / Received: 25th July

Should I also start thinking of a defence? Not quite sure how to proceed.

Again all your advice is immensely appreciated.

Send the CCA request back enclose a copy of any Crapbot letter showing the account details. as proof.

Advise them you require an immediate response to the CCA request ( Send payment again) complain that is has
taken 15 days to return the CCA request that had the correct reference and you believe this is a deliberate action
to delay complying with the CCA request and that you do not expect any more delays, and there usual " 40 day delaying
tactic is unacceptable.
This matter should be reported to the FCA " for information regarding the fitness of Cabot to hold a consumer credit licence.

nem

[Pos1tive]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

Hello all,
[MENTION=551]pt2537[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=37786]FlamingParrot[/MENTION]

Need some advice regarding this all.

My father received a letter today from Cabot regarding the CC Request stating:

"I refer to a letter received on XX July 2015

I acknowledge receipt of your request under sections 77-79 of the Consumer Credit Act 1974; however I have been unable to locate the account under the details you have provided, as the reference number you have quoted does not match our records.

Therefore I respectfully request that you obtain the correct Cabot reference number and confirm any previous address we may hold for you and forward that information on to us in order for your request to be actioned.

Enc: £1 Postal Order"

Now the funny thing is, having checked the Reference I gave to Cabot - it is correct as I have a letter from them stating this reference.

Should I write them another letter enclosing the letter with the reference they state I should use when contacting them?

I do not want to give them my fathers previous address as I believe this may help them with there investigations indirectly.

Also can anyone advise with how the dates get affected with this?

1. Court Claim: Dated: 2nd July / Received: 3rd July
2. Acknowledged Court Claim Online: 8th July
3. Sent Request to Cabot for CCA: 9th July / They received and Signed for on 10th July
4. Sent Request to Mortimer for CPR: 9th July / They received and Signed for on 10th July
5. Mortimer confirmed extension of 28 Days: Dated: 20th July / Received: 21st July
6. Advised Court of extension of 28 Days via Email on: 21st July
7. Cabot advised response to CCA Request (Stated above): Dated: 23th July / Received: 25th July

Should I also start thinking of a defence? Not quite sure how to proceed.

Again all your advice is immensely appreciated.

[nemesis45]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

Thanks @nemesis45 and @pt2537 - I have sent them an email and received a Auto reply - I will additionally Send them a letter as well.

Excellent all bases covered!!

nem

[Pos1tive]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

Thanks [MENTION=55034]nemesis45[/MENTION] and [MENTION=551]pt2537[/MENTION] - I have sent them an email and received a Auto reply - I will additionally Send them a letter as well.

[pt2537]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

Email to the court is acceptable-email and post as well if you want belt n braces but you could save a bit of money (just use proof of posting)

An email is acceptable under the CPR, in fact an email does have an auto reply from any court, even the CCBC, so you have proof of service!!! id email it and post. as if you need to set aside judgment at any time having evidence of service.

[jon1965]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

According to amethyst and others email is fine. As I said however belt n braces approach is wise IMO

[nemesis45]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

You must inform the court in writing of the agreement on the extension.

nem

[jon1965]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

Email to the court is acceptable-email and post as well if you want belt n braces but you could save a bit of money (just use proof of posting)

[Pos1tive]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

Hello all, I received a letter today from Mortimer Clarke addressed to my father,

Stating:

"Further to your letter dated XX July 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 defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement."

Questions:

@FlamingParrot - you suggested to let the court know via email though the letter says in writing.

Do I need to send the court a copy of this letter as well as sent by Mortimer Clarke?

Many thanks for all's advice again so far - my father feel's Positive

- - - Updated - - -

@nemesis45 Is the below OK as an email to the solicitors?

(Subject: Ref: County Court Claim Number: XXXXXXX)

Dear Sir / Madam,


I am contacting you with regard to a Letter I sent your office at address:


16-22 Grafton Road
Worthing
West Sussex
BN11 1QP


On XX July and was received (Signed for delivery) by yourselves on XX July.


In this letter I have requested for documents mentioned in a statement of case under CPR 31.14. Can you please let me know if you have sent this or intend to. I believe you should have these documents before making a claim and I require this as part of preparing my defence. As tI have not as yet received these, would you kindly agree to a 28 day extension as allowed by CPR 15.5.


Please do acknowledge this Email and I look forward to hearing from you.


Kind Regards,

I didn't have to send this email in the end as Mortimer Clarke contacted via Letter today @nemesis45

[Pos1tive]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

@nemesis45 Is the below OK as an email to the solicitors?

(Subject: Ref: County Court Claim Number: XXXXXXX)

Dear Sir / Madam,


I am contacting you with regard to a Letter I sent your office at address:


16-22 Grafton Road
Worthing
West Sussex
BN11 1QP


On XX July and was received (Signed for delivery) by yourselves on XX July.


In this letter I have requested for documents mentioned in a statement of case under CPR 31.14. Can you please let me know if you have sent this or intend to. I believe you should have these documents before making a claim and I require this as part of preparing my defence. As tI have not as yet received these, would you kindly agree to a 28 day extension as allowed by CPR 15.5.


Please do acknowledge this Email and I look forward to hearing from you.


Kind Regards,

[nemesis45]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

[QUOTE=Pos1tive;561656]Hi @nemisis45,

Thank you for the information. Should I write another letter to the Solicitors asking for the CPR, and mention I already sent a request for this which they signed for on 10th July?
Yes write and remind Carter that CPR 31.14 still applies to the claim until it is allocated to the small claims track and you require the documents within 7 days, also point out he should have the documents " to hand" before issuing a claim.

nem

[FlamingParrot]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

Thank you for the information. Should I write another letter to the Solicitors asking for the CPR, and mention I already sent a request for this which they signed for on 10th July?

You should chase the CPR request but you can do that on an email and then chase up by phone if necessary, this is what most people do to save time. :clock:

You may want to say that they should have had the documents before issuing a claim and you require them to prepare your defence. As they haven't sent them to you, would they kindly agree to a 28 day extension as allowed by CPR 15.5. If they agree, you need to inform the court (you can do so by email). :typing:

[Pos1tive]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

Hi [MENTION=1937]nemisis[/MENTION]45,

Thank you for the information. Should I write another letter to the Solicitors asking for the CPR, and mention I already sent a request for this which they signed for on 10th July?

Pos1tive