Mortimer Clarke solicitors County Court Claim Form-Cabot Financial

**nemesis45** · 30th December 2015, 11:22:AM

Re: Mortimer Clarke solicitors County Court Claim Form-Cabot Financial

Originally posted by zaveego View Post

Dear All
I do hope someone can help me as I am in a situation that I have never been in before and do not have a clue how to proceed.
I have received a County Court Claim Form for County Court Business Center Northampton. Claimant is Cabot Financial and solicitors Mortimer Clarke. The debt is for an original debt with Citi financial. I did have an agreement with this company back in 2003-4, but due to change of circumstances, was only able to keep up minimum payments until 2014. In all these years I have heard nothing until recently - letters from Cabot 25/11/15. I was under the impression that this was now statute barred. This was then passed to Mortimer Clarke and I have now got the county court letter.
I really don't know what to do, without sounding ignorant I just don't understand this process. Any help would be much appreciated. The date on this claim form is the 21/11/2015, so I am now in a total panic.

I have registered with moneyclaim.gov.uk today, but no idea what to do next.

Mighty thanks

Good morning welcome to LB,

To get started:

A CCA request to Cabot, this is for a copy of the agreement and an current statement of the account. There is a £1 statutory fee to pay
use a Postal Order endorsed " For Statutory Fee Only " ( keep a copy) Cabot has 12 + 2 Working Days to comply. Use signed for post.
There's a template for this in the forum library.

Then: A request made under the provisions of Civil Procedure Rule 31 .14 (no fee) this is for the documents specified in the statement of
claim ( On Form N1) no other documents can be requested. This goes to the solicitors. Use signed for post. template in the forum library.

If you have made payments up until 2014 the debt cannot be statute barred, the Limitation Act 1980 gives a period of 6 years in which action
can be started, but there must not be any payments or written acknowledgments of the debt in a relevant 6 year period, each and every payment
restarts the 6 year clock. The issue of a CC Claim stops the " clock" on the date it is issued.
You have acknowledged service of the claim, did you state intention to defend?

Please don't panic there's is plentiful good advice and guidance here on LB.

Please type in the Statement of Claim just as it appears on the claim form or post a
suitably redacted copy of the form here.
If you need me tag [MENTION=55034]nemesis45[/MENTION]

nem

Get the request mention above sent off.

**nemesis45** · 30th December 2015, 15:04:PM

Re: Mortimer Clarke solicitors County Court Claim Form-Cabot Financial

Hello Zaveego, Responding to your PM.

Don't be in a hurry to offer any payments, many of these old Citi accounts have either suspect
paperwork or no paperwork at all.

If Citi hung on to this when it sold of the accounts then it's possibly dodgy.

Who were you paying, another DCA or Citi?

nem

**zaveego** · 30th December 2015, 15:57:PM

Re: Mortimer Clarke solicitors County Court Claim Form-Cabot Financial

Hi Nem,

If I remember correctly, last payment was made to Caboot back in November 2014, not Citi

Thanks

**nemesis45** · 30th December 2015, 16:02:PM

Re: Mortimer Clarke solicitors County Court Claim Form-Cabot Financial

Originally posted by zaveego View Post

Hi Nem,

If I remember correctly, last payment was made to Caboot back in November 2014, not Citi

Thanks

Ok, but there has been no decrease in the amount outstanding?

Has Cabot sent regular statements of the account as required?

nem

**zaveego** · 1st January 2016, 12:44:PM

Re: Mortimer Clarke solicitors County Court Claim Form-Cabot Financial

Originally posted by nemesis45 View Post

Ok, but there has been no decrease in the amount outstanding?

Has Cabot sent regular statements of the account as required?

nem

Afternoon,

It is same amount.
Caboot has never sent me any statement, or I never received any statements of accounts.

**zaveego** · 7th January 2016, 16:19:PM

Re: Mortimer Clarke solicitors County Court Claim Form-Cabot Financial

Hi, and [MENTION=42011]Nem[/MENTION]ises

Recap...

Court claim issued on 21/12/2015, however received on 30/12/2015. I have acknowledged on 04/01/2016 through online, and sent out CCA with postal order to Caboot and CPR to Mortimer Clarke on 06/01/2016 via special next day delivery.

Particulars:
By an agreement Citi Financial & the Defendant on or around 02/09/2002 ('The Agreement') Citi Financial agreed to issue the defendant with a credit card. The defendant failed to make minimum payments due & the agreement was terminated. The agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 2510.00"

I do recognize the debt but it is still the same amount as of my credit limit, nothing reduce since paying 2003-4 to Caboot, a very little amount and last payment made in 11/2014, then stopped, never received accounts statement from Caboot etc.,

I have called Mortimer Clarke Solicitor, they are asking £2695 including court fees., they have offered me £2017 for one off payment to stop the court proceeding.

What should be next step, any help and guidance would be highly appreciated.

Many thanks

**nemesis45** · 8th January 2016, 10:13:AM

Re: Mortimer Clarke solicitors County Court Claim Form-Cabot Financial

Good morning Zaveego

A 2002 Citi agreement could be a big problem for Cabot, getting one 12 Years on!
So their response to the CCA request is key.

Is the discounted offer a prospect for you? If so I would not accept without some " negotiation " on the
amount.

nem

**zaveego** · 8th January 2016, 11:55:AM

Re: Mortimer Clarke solicitors County Court Claim Form-Cabot Financial

Good morning Nem,

Many thanks for your reply.

Honestly, I cannot afford to pay any amount due to my current situation, but I want to try and negotiate with them and see how much they can offer. However it depends on the response of CCA and CPR.
Like you said they could have problem due to the age of the agreement.

Mighty thanks for your help.

**nemesis45** · 8th January 2016, 12:40:PM

Re: Mortimer Clarke solicitors County Court Claim Form-Cabot Financial

Originally posted by zaveego View Post

Good morning Nem,

Many thanks for your reply.

Honestly, I cannot afford to pay any amount due to my current situation, but I want to try and negotiate with them and see how much they can offer. However it depends on the response of CCA and CPR.
Like you said they could have problem due to the age of the agreement.

Mighty thanks for your help.

Always happy to help!!
I suggest preparing an detailed Income & Expenditure Statement for your
own benefit at the this point so if/when it's time to negotiate you know
exactly what is reasonable affordable monthly payment, even if it's only
£1.

When/If you want to make an offer of " Full & Final " settlement of the alleged
debt, already being aware of the current offer, I would start at no more than
10 to 15% of the sum outstanding, although unlikely to be accepted it will
bring out what they may accept. Any such offer (s) must be conditional.

nem

**zaveego** · 12th January 2016, 11:17:AM

Re: Mortimer Clarke solicitors County Court Claim Form-Cabot Financial

Good morning Nem,
Apologies for getting back to you bit late.
Current situation, no response of CCA from Caboot and CRP from Mortimer Clarke Solicitor.
Last time when I spoke with Mortimer they have offered me a £2017 'full n final' settlement with deadline of 16 Jan 2016. So I'm thinking to prepare the defense letter.

Many thanks

Zav

**nemesis45** · 12th January 2016, 11:35:AM

Re: Mortimer Clarke solicitors County Court Claim Form-Cabot Financial

Yes ZAV have a look at some other threads defences to get an idea of content and format make a draft defence and post here,
then we can go through it with you.

CCA request can be left alone non compliance renders the debt unenforceable UNTIL the agreement is supplied.

CPR request can be chased ( there's a template in the forum library for this).

nem

**zaveego** · 15th January 2016, 20:23:PM

Re: Mortimer Clarke solicitors County Court Claim Form-Cabot Financial

Hi Nem,

Many thanks for your reply.

Now new updates.

Today received a letter issued on 14/01/16 from Mortimer Clarke Solicitor regarding request of CPR.
Here's the content of the letter.

Re:Caboot Financial UK Ltd.
AND (My name)
Claim no: Court claim no.
Ref: Mortimer Ref no.

Thank you for your letter dated 5th Jan 2016.

We confirm our clientis willing to agree to an extension of 28 days, for you to file your defence. Pursuant to CPR15.5(2) please notify the court in writing of the agreement.
CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.
We believe that 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.
We would be grateful if you could confirm what doucumentsyou have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our client's instruction.

Your faithfully
Mortimer Clarke.

Now I do not have any kind of documents, statement of account or detail, or agreement. .

Any guidance from here, would be grateful.

Regards
Zav

**nemesis45** · 21st January 2016, 09:01:AM

Re: Mortimer Clarke solicitors County Court Claim Form-Cabot Financial

Originally posted by zaveego View Post

Hi Nem,

Many thanks for your reply.

Now new updates.

Today received a letter issued on 14/01/16 from Mortimer Clarke Solicitor regarding request of CPR.
Here's the content of the letter.

Re:Caboot Financial UK Ltd.
AND (My name)
Claim no: Court claim no.
Ref: Mortimer Ref no.

Thank you for your letter dated 5th Jan 2016.

We confirm our clientis willing to agree to an extension of 28 days, for you to file your defence. Pursuant to CPR15.5(2) please notify the court in writing of the agreement.
CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.
We believe that 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.
We would be grateful if you could confirm what doucumentsyou have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our client's instruction.

Your faithfully
Mortimer Clarke.

Now I do not have any kind of documents, statement of account or detail, or agreement. .

Any guidance from here, would be grateful.

Regards
Zav

Good morning Zav responding to your PM.

This is a standard reply Mortimer Clarke uses when they don't have the documents to back up the claim so:-

Dear MC,

Re: Claim No.xxxxxxxxxxxxxx
CPR 31.14 Request for Inspection of Documents:

Sir/ Madam,

I refer to your letter dated,,,,,,,,,,,,,,,,,,,,,,,, regarding my CPR31.14 request, please note the following.

What if anything I may or may not have in the way of documents under my control is not relevant
to my request.

In any case such documents if any will be disclosed at the appropriate time within the court process.

You are reminded that the provisions of CPR 31.14 apply to this claim until it is allocated to the small
claims track.

I would expect to receive the documents requested by return
Failure to comply with my request will be brought to the attention
of the court.

use signed for post.

nem

**zaveego** · 21st January 2016, 10:20:AM

Re: Mortimer Clarke solicitors County Court Claim Form-Cabot Financial

Oh great,
Many thanks for q quick reply.
What should I need to mention to the court, that MC extend for 28 days?
Thanks again.

Mortimer Clarke solicitors County Court Claim Form-Cabot Financial