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)

Having looked further into the Paper work, it was a credit card with another Card not Opus, though Claim Form states Opus - is this a basis of contest?

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Thanks @nemesis45 I have PM you.

[FlamingParrot]

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

Just to add, I have just had a look at his paper work. Seems that prior to Cabot - a company called Clarity was looking after this Debt and he had an arrangement with them to pay £5 a month.

Last Direct Debit taken was round January 2010 and last Payment to Clarity was around early 2011.

I was wondering though I have this information, it would also be necessary for Cabot to prove this I guess?

That would mean the debt is not statute barred.

[nemesis45]

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

Hello Nem,

Many thanks for replying, I really appreciate this advise.

In response to your advice:

1. I will request a CCA from Cabot.

2. A request made under CPR31.14 to the solicitors

I will acknowledge The service of the Claim.

And with regard to your other questions - that's ok, Yes my father is on Benefits - Housing Benefit and Income Support, has no assets, has no prospect of repaying and is in reasonable health though I consider a Heart Patient. He lives with my mother whom similarly is ill and suffers from Renal Cancer.

As per Noodle - do you suggest I register under his name or mine, if mine, can I search for him?

Many thanks,
Pos1tive :tinysmile_twink_t2:

Hi positive it will have to be his name, and ID a debit card registered at his current address is usually OK. otherwise the statutory £2 report by post can be done.

I think if your father agrees of course I could draft a version of a letter I've used for others with success to see if we can get Crabot to drop the claim.

Just let me know by PM or mention @nemesis45 in the post.

nem

[Pos1tive]

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

Hello Nem,

Many thanks for replying, I really appreciate this advise.

In response to your advice:

1. I will request a CCA from Cabot.

2. A request made under CPR31.14 to the solicitors

I will acknowledge The service of the Claim.

And with regard to your other questions - that's ok, Yes my father is on Benefits - Housing Benefit and Income Support, has no assets, has no prospect of repaying and is in reasonable health though I consider a Heart Patient. He lives with my mother whom similarly is ill and suffers from Renal Cancer.

As per Noodle - do you suggest I register under his name or mine, if mine, can I search for him?

Just to add, I have just had a look at his paper work. Seems that prior to Cabot - a company called Clarity was looking after this Debt and he had an arrangement with them to pay £5 a month.

Last Direct Debit taken was round January 2010 and last Payment to Clarity was around early 2011.

I was wondering though I have this information, it would also be necessary for Cabot to prove this I guess?

Many thanks,
Pos1tive :tinysmile_twink_t2:

[nemesis45]

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

An after thought as the claimant has your fathers current address, it would be very unwise to ignore the claim.

If there is no response then Cabot could seek judgement by default it's not as if the claim was sent elsewhere.
It's easy to fined people these days I'm afraid.

nem

[FlamingParrot]

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

Hello,

He has no money, no job and cannot afford to pay for this whatsoever.

He lives a quiet life and possibly no one knows he lives where he does, and was considering returning the CCJ as “Unknown”. He is not worried about his future credit status whatsoever as he never intends to get credit but more worried that the CCJ will pass automatic judgment In favour of the Claimant if he does not address this CCJ. If he returns the CCJ as Unknown – would this escalate to Bailiffs?

Although what he's received is just a claim and not a CCJ (which is when judgment has been obtained), the claimant is entitled to use the last known address for service and, if the claim form was returned and the claim not acknowledged, the claimant would request default judgment. :scared:

Judgments can be enforced in various ways, including a warrant of control to send enforcement agents (bailiffs) to seize goods.

Instead of returning it as 'unknown', he should follow the steps set out below:

So, first steps (within 14 days of receiving the claim)

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 )

Full instructions for acknowledging online can be found here: http://www.legalbeagles.info/forums/...313#post499313

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I am in the process of finding out when he made a last payment to suggest if this an Statue Barred Case or not and will update this Thread possibly this evening once I find out.

If it is in Statue Barred circumstances – what do I do?

Please help and Many Thanks in Advance :tinysmile_hmm_t2:

If there's been no payments or written acknowledgment in more than six years, it would be SBd. :grin:

If that was the case, the fact would be mentioned in his defence and SBd is an absolute defence. :thumb:

[nemesis45]

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

Hi Welcome to LB

This is just the claim form not a CCJ. " County Court Judgement comes only if the claimant wins the case.

It would be wise not to ignore the claim it may cause difficulties later.

We can / should go through the procedures now,

1. A CCA request to Cabot to get a copy of the agreement pertaining to the Alleged Debt, there is a £1 statutory fee to pay
use a cheque or postal order for this endorsed " For Statutory Fee Only" Cabot has 12+ 2 Working Days to Comply. use the template from the forum library.
2. A request made under CPR31.14 to the solicitors this is for the documents mentioned on the statement of claim in this case the agreement and the Notice of Assignment. No fee for this, a nominal 7 days to comply. A template is available in the forum library.

Without wishing to pry is your father dependant on benefits? Is he in good health?
If he has no assets , no income, is elderly and has no prospect of repaying the debt we
may be able to stop Cabot quite quickly if you think this may help just let me know.

The Service of the Claim needs to be acknowledged this can be done at Money Claim On Line (MCOL)
A quick check on credit files (Noddle is Free online) may give some indication of the age of the debt and
the default date

nem