Court claim - Mortimer Clarke/Cabot/Vanquis

**Dimps76** · 5th January 2016, 21:35:PM

Re: Court claim - Mortimer Clarke/Cabot/Vanquis

Originally posted by Dimps76 View Post

Hi,

I need some urgent advice. I have received a claim form from Mortimer Clarke dated 21 Dec, what with Xmas and New Year celebrations, I forgot to do anything about it, and the 14 days will be up this coming Sat (9th Jan).

I had a credit card with Vanquis it says "on or around 10/07/2008" but due to my husband suddenly being out of work, I could no longer keep up the repayments and fell behind. I've not heard anything from them for several years now and forgot it was still there until they have suddenly reappeared again.

Financially things are better for us, however still not great as I am unemployed and a student at university. I was just about to go to the Post Office to send the admission form off stating such when I had a quick google and came across this site.

I have completed the admission form and offered £1 per month (they are claiming 320.45, but 405.45 with court costs) as I read that it is better to offer something rather than nothing. However I have not filled out any of the other parts of the form with regards to income and expenditure as technically *I* have none, my husband pays everything. My only "income" as such is my student loans.

Questions:-
1. Is it ok to not fill out the income/expenditure panels?
2. And if so, I've then put an offer of £1 per month - will they ask where that is coming from if I have no income?
3. Will they count my student loan as income and expect me to pay out of that?
4. Is it worth ringing the solicitors to explain the situation, if so, what would be the likely outcome?
5. What should I do now?

I'd really like to get this sent off today or tomorrow, so I don't end up with a CCJ against my name and the added court costs, and I'm stressing about it as well!

Please help.

Is there no one who can answer my questions?!?! If I'm sending this off I need to do it by tomorrow at latest.

**Amethyst** · 6th January 2016, 00:42:AM

Re: Court claim - Mortimer Clarke/Cabot/Vanquis

Hi Dimps, Just seen your email. Apologies for your post being missed, just having a read back xxx

**Amethyst** · 6th January 2016, 00:49:AM

Re: Court claim - Mortimer Clarke/Cabot/Vanquis

Originally posted by Dimps76 View Post

Hi,

I need some urgent advice. I have received a claim form from Mortimer Clarke dated 21 Dec, what with Xmas and New Year celebrations, I forgot to do anything about it, and the 14 days will be up this coming Sat (9th Jan).

I had a credit card with Vanquis it says "on or around 10/07/2008" but due to my husband suddenly being out of work, I could no longer keep up the repayments and fell behind. I've not heard anything from them for several years now and forgot it was still there until they have suddenly reappeared again.

Financially things are better for us, however still not great as I am unemployed and a student at university. I was just about to go to the Post Office to send the admission form off stating such when I had a quick google and came across this site.

I have completed the admission form and offered £1 per month (they are claiming 320.45, but 405.45 with court costs) as I read that it is better to offer something rather than nothing. However I have not filled out any of the other parts of the form with regards to income and expenditure as technically *I* have none, my husband pays everything. My only "income" as such is my student loans.

Questions:-
1. Is it ok to not fill out the income/expenditure panels?
2. And if so, I've then put an offer of £1 per month - will they ask where that is coming from if I have no income?
3. Will they count my student loan as income and expect me to pay out of that?
4. Is it worth ringing the solicitors to explain the situation, if so, what would be the likely outcome?
5. What should I do now?

I'd really like to get this sent off today or tomorrow, so I don't end up with a CCJ against my name and the added court costs, and I'm stressing about it as well!

Please help.

Okay - you need to put in an ACKNOWLEDGEMENT OF SERVICE tomorrow - you can do this online at www.moneyclaim.gov.uk - Theres a bit of help http://www.legalbeagles.info/forums/...313#post499313

There should be a password on the front bottom right of the claim form.

Once that is done ( within 14 days of receipt of the claim ) it extends your timescales, and you have 28 days from the date of receipt to enter a defence. So hang fire on that admission for now and lets have a look at it a bit more. On the acknowledgement put that you intend to defend in full - it is not binding and you could change to admission later if you wanted to.

The situation is that the claimant will need to supply you with the original agreement for the debt. If they can't they cannot obtain a judgment against you.... and it puts you in a good position to negotiate an out of court settlement /installment offer under something called a Tomlin order - which keeps you from getting a CCJ on your file for 6 years. Basically you agree with the claimant to pay something each month, and they keep the court on hold in the court just in case you default on the agreement. If you make an admission and offer to pay you WILL have a CCJ against you for 6 years - and there is, of course, no guarantee the court or claimant would agree with an offer of £1. It may end up you needing to do that, but you may as well give yourself a shot at avoiding a CCJ first

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 )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If there is no response within 14 days then you have the option to ask the claimant to agree and extension to give them time to get paperwork together - that's often a good time for negotiating too - and if they don't yet have the documents they could be willing to accept a quite hefty discount on the debt. It's a little bit of a game of chess, but remember to them you are just a number in a spreadsheet of debts sold to them for about 10% of the value of the debt and they are just going through a process - whereas to you it's a major stressful situation.

**Dimps76** · 6th January 2016, 09:54:AM

Re: Court claim - Mortimer Clarke/Cabot/Vanquis

Hi Amethyst, thanks for getting back to me.

I logged into MCOL yesterday (before I posted) as I was going to see if I could accept it online, however there wasnt an option for that, so I left it. I've tried to log in again this morning and it says claim number or password is incorrect. I even tried to create a new account, but it say the same thing. Have they cancelled the claim (here's hoping) or is it just something wrong with the system?

**Amethyst** · 6th January 2016, 10:33:AM

Re: Court claim - Mortimer Clarke/Cabot/Vanquis

Probably something wrong with the system ( it's not unusual it's a terrible system)

Okay give Northampton MCOL a call and tell them you are trying to acknowledge the claim but the system isn't working, you'll send in the form but can they put a bar on the claim to stop any default judgment.
Money Claim Online helpdesk mcol@hmcts.gsi.gov.uk. Telephone: 0300 123 1057. Telephone: 01604 619 402
You may be on hold for a while.

The complete the Acknowledgement of Service page in the claim pack and send it in to the court.

**Dimps76** · 6th January 2016, 11:45:AM

Re: Court claim - Mortimer Clarke/Cabot/Vanquis

Originally posted by Amethyst View Post

Probably something wrong with the system ( it's not unusual it's a terrible system)

Okay give Northampton MCOL a call and tell them you are trying to acknowledge the claim but the system isn't working, you'll send in the form but can they put a bar on the claim to stop any default judgment.
Money Claim Online helpdesk mcol@hmcts.gsi.gov.uk. Telephone: 0300 123 1057. Telephone: 01604 619 402
You may be on hold for a while.

The complete the Acknowledgement of Service page in the claim pack and send it in to the court.

Ah-Ha! I've already got the completed form in an envelope waiting to go. Will give them a call now, thanks for the help.

**Dimps76** · 6th January 2016, 12:33:PM

Re: Court claim - Mortimer Clarke/Cabot/Vanquis

I've just spoken to someone at MCOL and they've suggested emailing the acknowledgement across ( which I have done), but I'm going to post it also. While I'm at the post office I though I'd send the CCA request off too, I've copied the template from the link you gave, but as I've had no correspondence from them in several years I have no idea what my account number is? Should I just leave it blank or will that delay things even more?

**Amethyst** · 6th January 2016, 13:30:PM

Re: Court claim - Mortimer Clarke/Cabot/Vanquis

Is it quoted in the claim ? If not then it isn't necessary no, just quote any info that might have been given to you in the claim, and your name and address of course.

Good you got the acknowledgement sorted out

you can breath a little bit now.

Court claim - Mortimer Clarke/Cabot/Vanquis