County Court Claim by Cabot Financial/Mortimer Clarke Solicitors

[Deeb]

Received a claim? Northampton County Court Business Centre
Issue Date: 02/03/2016
Amount approx: £400
Claimant: Cabot Financial
Solicitor: Mortimer Clarke Solicitors
Original Creditor: Capitol One
Particulars of Claim: 2004 Agreement between Capitol One & Defendant. Defendant failed to make minimum payments. The agreement was terminated and assigned to Claimant.
Is the debt Statute Barred? No
List any letters you have sent: Acknowledgement of Service to Court 15/03/2016, CCA Request to Cabot Financial 15/03/2016, CPR 31.14 Request & copy of CCA to Mortimer Clarke 15/03/2016.

Date to submit defence by: 04/04/2016

[nemesis45]

Re: County Court Claim by Cabot Financial/Mortimer Clarke Solicitors

Good evening and welcome to LB

Some detail please.

When was the last payment or written acknowledgment of the debt?
What is the default date?

When sending the £1 statutory fee for the CCA request us a postal order write "for statutory fee only " on it and make a copy to keep for your record Cabot and its solicitors are making claims that " compliant" CCA requests and or stat fees are not being received.

nem

Use signed for post and check delivery date and print out signature.

[Deeb]

Re: County Court Claim by Cabot Financial/Mortimer Clarke Solicitors

Hi Nem, thanks for the advice regarding the postal order, I'll make sure to do that. The last payment date was some time early 2011 - no contact since. I don't know the default date.

[nemesis45]

Re: County Court Claim by Cabot Financial/Mortimer Clarke Solicitors

Hi Nem, thanks for the advice regarding the postal order, I'll make sure to do that. The last payment date was some time early 2011 - no contact since. I don't know the default date.

Hi Deeb, it would be worth checking your credit reference files ( Noddle is free online) Cabot is full of tricks at present no one knows what they may try next.

nem

[Deeb]

Re: County Court Claim by Cabot Financial/Mortimer Clarke Solicitors

Ok, I've registered with Noddle. The default date is 15/07/2011.

[nemesis45]

Re: County Court Claim by Cabot Financial/Mortimer Clarke Solicitors

Ok, I've registered with Noddle. The default date is 15/07/2011.

Ties up with your last payment within 6 months of last payment?

How did you make your payments DD/Standing order/ Over bank counter/ debit card?
Would you be able to check payments made.

nem

[Deeb]

Re: County Court Claim by Cabot Financial/Mortimer Clarke Solicitors

I think my last payment was early 2011 so yes, the default date is within 6 months of that. I probably paid online with my debit card but I don't have that bank account any more and have no way of checking. Sorry I'm a bit vague - I had a breakdown in 2011 and ended up running away from everything, and there are a lot of things from that time that I've forgotten

[nemesis45]

Re: County Court Claim by Cabot Financial/Mortimer Clarke Solicitors

I think my last payment was early 2011 so yes, the default date is within 6 months of that. I probably paid online with my debit card but I don't have that bank account any more and have no way of checking. Sorry I'm a bit vague - I had a breakdown in 2011 and ended up running away from everything, and there are a lot of things from that time that I've forgotten

No problem Deeb. it's easy to forget anything when one has health problems or a breakdown!

It looks your defence may have to rely on non compliance with a CCA request, account opened 2004 ( do you have the exact date?) it's going to be hopefully difficult to get the agreement.

nem

[Deeb]

Re: County Court Claim by Cabot Financial/Mortimer Clarke Solicitors

Just to update - I've received a letter today 24th March from Mortimer Clarke, here's what they have written:

'Thank you for your letter dated 15/03/2016. We are taking or client's instructions in relation to your correspondence and will come back to you as soon as we can. In the meantime, the matter has been placed on hold.'

Do I need to notify the Court myself?

[nemesis45]

Re: County Court Claim by Cabot Financial/Mortimer Clarke Solicitors

Just to update - I've received a letter today 24th March from Mortimer Clarke, here's what they have written:

'Thank you for your letter dated 15/03/2016. We are taking or client's instructions in relation to your correspondence and will come back to you as soon as we can. In the meantime, the matter has been placed on hold.'

Do I need to notify the Court myself?

Unfortunately MC have not agreed to a formal extension of time their " on hold " means nothing in the court process which continues as normal.

nem

[Deeb]

Re: County Court Claim by Cabot Financial/Mortimer Clarke Solicitors

Ok, thank you nem, I'll just wait to see if Cabot produce any paperwork within the time frame.

[Noah]

Re: County Court Claim by Cabot Financial/Mortimer Clarke Solicitors

I am told that many capital One agreements from that long ago are non compliant or unavailable

They could fulfil the S78 request by sending a recon or even something with a signature on it

Lets wait and see

BTW
As cases can take many months to actually reach court they could produce the agreement at any time up until the court date, it is supposed to be two weeks before but there are cases where it has been on the day

[Deeb]

Re: County Court Claim by Cabot Financial/Mortimer Clarke Solicitors

Thought I'd update this thread - it's almost a year on and I still haven't heard anything more.

[charitynjw]

Re: County Court Claim by Cabot Financial/Mortimer Clarke Solicitors

Hi Deeb

Have you checked with court on the current status of the claim? (Stayed? Discontinued? etc.).

[Deeb]

Re: County Court Claim by Cabot Financial/Mortimer Clarke Solicitors

Hi Deeb

Have you checked with court on the current status of the claim? (Stayed? Discontinued? etc.).

I didn't even think of that,I'll do it now!