**DISCONTINUED** Cabot VS ME

[muk74r]

Hello people I'm a newbie but feel like an oldie after spending weeks lurking through your forums looking for documentation to help me out.
Title is that was so I don't have no preying eyes!
So far so good!
I'm currently in the process of sending in a defence against Cabot Financial/Mortimer Clarke, followed all your steps so far with acknowledge claim, CCA/CPR to no avail 😁 so going to draft up defence and boom! Capot Financial going down!

[nemesis45]

Re: Cabot VS ME

Good afternoon Welcome to LB,

How long is it since you sent the CCA request, it has a 12 +2 working days time scale for compliance. (did you enclose the £1 statutory fee?)

The CPR 31.14 has a nominal 7 day time scale. Mortimer Clark may decline the request on the grounds that the claim will be allocated to the small claims track ( debts under £10k) or say that they are requesting them from their client.

What is your defence for the claim?

nem

[muk74r]

Re: Cabot VS ME

Hi Nemesis45

The CCA and CPR were both requested on 15th June and were sent Signed For post, including £1 PO yes.
Both Cabot and Mortimer wrote back acknowledging my request for information, Cabot stating that they had 12 days to provide me with information and Mortimer stating they are seeking further instructions and the matter won't proceed further and will remain stayed at court.
I rang and spoke to both this week and both failing to provide me with anything more than they wrote to me, but wanted to phone back which I refused as I don't want unwanted calls.
Defence of the claim is the one put up by Amethyst (thank-you) so just going with that.
Personal point is that I do remember a credit card circa 2009 but don't remember much else since!
Sorry I forgot to mention the Particulars:
By agreement between Bank of Scotland & defendant on or around 01/04/2009 BOS agreed to issue credit card. The defendant failed to make payment and agreement was terminated. The agreement was assigned to the claimant, therefore claims £1101.14

If I've missed anything Nem let me know,
still green as grass to all this!

[nemesis45]

Re: Cabot VS ME

Hi Nemesis45

The CCA and CPR were both requested on 15th June and were sent Signed For post, including £1 PO yes.
Both Cabot and Mortimer wrote back acknowledging my request for information, Cabot stating that they had 12 days to provide me with information and Mortimer stating they are seeking further instructions and the matter won't proceed further and will remain stayed at court.
I rang and spoke to both this week and both failing to provide me with anything more than they wrote to me, but wanted to phone back which I refused as I don't want unwanted calls.
Defence of the claim is the one put up by Amethyst (thank-you) so just going with that.
Personal point is that I do remember a credit card circa 2009 but don't remember much else since!
Sorry I forgot to mention the Particulars:
By agreement between Bank of Scotland & defendant on or around 01/04/2009 BOS agreed to issue credit card. The defendant failed to make payment and agreement was terminated. The agreement was assigned to the claimant, therefore claims £1101.14

If I've missed anything Nem let me know,
still green as grass to all this!

Good morning,

I'm sure the defence Amethyst has prepared is fine. ( you must already have thread on this claim so I'll ask
the site team to merge them so we the whole story.

Does the account still show on your credit reference files? It might well be worth a check which may
show up the default date.

Do you recall when the last payment was made or if any written acknowledgment has been made in regard to the debt.

nem

[Kati]

Re: Cabot VS ME

Defence of the claim is the one put up by Amethyst (thank-you) so just going with that.

I'm sure the defence Amethyst has prepared is fine. (you must already have thread on this claim so I'll ask the site team to merge them so we the whole story).

I can't find a second thread ... [MENTION=69302]muk74r[/MENTION], did you use a defence from Amethyst from a different thread (and can you remember which one)??

[Amethyst]

Re: Cabot VS ME

http://www.legalbeagles.info/forums/...t-Court-Claims at a guess xx

[muk74r]

Re: Cabot VS ME

Morning (or rather afternoon as I work shifts!)
Amethyst is a legend! That is the very defence that I found and used. Kati and Nemesis45,

[muk74r]

Re: Cabot VS ME

Oops above msg was slightly premature!

To continue, Kati and Nemesis45 I don't recall last payments or whether it's in my credit file as I haven't done those checks as yet, BUT I have this morning *fanfare* received a letter which makes you guys even more legends which basically reads..

We write in reference to the above and we have been instructed by our client to discontinue proceedings and as such, please find enclosed a copy of the Notice of Discontinuance by way of service upon you.
And stapled to this very letter is the form Notice of Discontinuance and the 'discontinue all of this claim' box is ticked and sent to the courts dated as 9th July 2015!

So a big thank-you is in order and hopefully this matter will now rest and allow them some time to realise how stupid they really are and to face the fact that a mere peasant who had the will to fight, simple put, beat them!

[Kati]

Re: Cabot VS ME

I have this morning *fanfare* received a letter which makes you guys even more legends which basically reads..

We write in reference to the above and we have been instructed by our client to discontinue proceedings and as such, please find enclosed a copy of the Notice of Discontinuance by way of service upon you.
And stapled to this very letter is the form Notice of Discontinuance and the 'discontinue all of this claim' box is ticked and sent to the courts dated as 9th July 2015!

Congratulations is there any chance you can post up a redacted copy of the letter and notice of discontinuance? Or email them to me and I can kati@legalbeagles.info

- - - Updated - - -

oh ... and I've edited the title of your thread too xx

[muk74r]

Re: **DISCONTINUED** Cabot VS ME

Hi Kati

I absolutely can and will, I'm currently just getting ready to goto work on 16hr shift, oh the joys! But yes please allow me over the weekend to prepare this will the usual blackening out of my personal details etc and I will send that to you.
Also, I had a thought, which was basically that you allowed a stranger to be lurking around the internet looking for free advice and help and i found it and I am beyond words of praise for you guys and the help that you give day in day out.
For that alone, please can I make a charitable donation in the name of legalbeagles or do you have somewhere I can make a contribution to something? This is just to show my appreciation and in no way have I been influenced by anyone on this site nor jo public to do this, just the kind of appreciative guy I am

[Kati]

Re: **DISCONTINUED** Cabot VS ME

Also, I had a thought, which was basically that you allowed a stranger to be lurking around the internet looking for free advice and help and i found it and I am beyond words of praise for you guys and the help that you give day in day out.
For that alone, please can I make a charitable donation in the name of legalbeagles or do you have somewhere I can make a contribution to something? This is just to show my appreciation and in no way have I been influenced by anyone on this site nor jo public to do this, just the kind of appreciative guy I am

You are more than welcome :nod: If you would like to make a donation, you could look into becoming a VIP (http://www.legalbeagles.info/forums/payments.php) although it is not a requirement You could also possibly stick around and offer advice to others when you have a chance - you'd be a great help xx

[Amethyst]

Re: Cabot VS ME

Oops above msg was slightly premature!

To continue, Kati and Nemesis45 I don't recall last payments or whether it's in my credit file as I haven't done those checks as yet, BUT I have this morning *fanfare* received a letter which makes you guys even more legends which basically reads..

We write in reference to the above and we have been instructed by our client to discontinue proceedings and as such, please find enclosed a copy of the Notice of Discontinuance by way of service upon you.
And stapled to this very letter is the form Notice of Discontinuance and the 'discontinue all of this claim' box is ticked and sent to the courts dated as 9th July 2015!

So a big thank-you is in order and hopefully this matter will now rest and allow them some time to realise how stupid they really are and to face the fact that a mere peasant who had the will to fight, simple put, beat them!

Well that's bloody fantastic news ! well done you xxx Us mere peasants are pretty good when we stick up for ourselves xxx

[nemesis45]

Re: **DISCONTINUED** Cabot VS ME

Excellent Result!!

nem

[muk74r]

Re: **DISCONTINUED** Cabot VS ME

Thanks guys for work that you put up there long before these debt companies had even likely bought my debt! The very fact that you dedicate your time and efforts on a daily mustn't go unnoticed. And for anyone who needs help or are in financial difficulties, these guys really are the ones who you should consult first and just like me your results won't be too far away, failing that at least you made them sweat and offer you something which is more realistic.

Excellent and a credit to not just this community but to Great Britain as a whole 👍🏾

[muk74r]

Re: **DISCONTINUED** Cabot VS ME

Hi guys!

Well after a couple of months of being glad this affair was over, all is not what it seems though!

I received a letter this morning from Cabot....please find enclosed all of the relevant information following your request for information under section 77-78 of the CCA 1974

We consider that the agreement is now enforceable and therefore we are able to obtain a CCJ against you, however we would prefer that you work with us and so forth.

Now, they have obtained the original CCA signed and dated by me(copy) on 14/04/09 it doesn't have any documents in relation to the last made contact/payments I made on the account etc....so can this or cannot be made statute barred?

They didn't go on to say or provide any actually statements of my actual account nor did they send me any notice of assignments. Just they're version of statement of account just confirming the regular; there is an outstanding balance, the amount I owe (£1,101.14) and I am not able to draw further from this account

Any thoughts or suggestions
Many thanks