Cabot - Mortimer Clarke Solicitors LTD 12/10/2016

[snaylor111]

Hi i have just recieved a County Clourt Claim Form:

Received a claim?
Issue Date: 10 October 2016
Amount approx: £814.89
Claimant: Cabot Financial (UK) Limited, 1 Kings Hill Avenue, Kings Hill, West Mailing, Kent
Solicitor: Mortimer Clarke Solicitors LTD, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP
Original Creditor: Express Gifts, Studio
Particulars of Claim: By agreement between Express Gifts t/a Studio & the Defendant dated 27/11/2012 ('the Agreement') Express Gifts t/a Studio agreed to issue the Defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the claimant. THE CLAIMANT THEREFORE CLAIMS 1. 684.89
Is the debt Statute Barred? No
List any letters you have sent: none as of yet
Any Other Info: I have acknowledged the claim form via online

I have been unemployed for about 5-6 years due to looking after my daughter while my fiance works. i dont personally earn any income except for my partners wages of 24 hrs and also working taxt credits. I'm looking for some advice on were to go from here i have acknowledged the claim for via online as directed i just need some advice on were to go from here i would be greatful for the help thanks i am willing to answer all questions.

Thanks in advance,

Sean

[Kati]

Re: Cabot - Mortimer Clarke Solicitors LTD 12/10/2016

tagging @nemesis45 @Diana M [MENTION=2]Celestine[/MENTION] xx

[nemesis45]

Re: Cabot - Mortimer Clarke Solicitors LTD 12/10/2016

Hi i have just recieved a County Clourt Claim Form:

Received a claim?
Issue Date: 10 October 2016
Amount approx: £814.89
Claimant: Cabot Financial (UK) Limited, 1 Kings Hill Avenue, Kings Hill, West Mailing, Kent
Solicitor: Mortimer Clarke Solicitors LTD, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP
Original Creditor: Express Gifts, Studio
Particulars of Claim: By agreement between Express Gifts t/a Studio & the Defendant dated 27/11/2012 ('the Agreement') Express Gifts t/a Studio agreed to issue the Defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the claimant. THE CLAIMANT THEREFORE CLAIMS 1. 684.89
Is the debt Statute Barred? No
List any letters you have sent: none as of yet
Any Other Info: I have acknowledged the claim form via online

I have been unemployed for about 5-6 years due to looking after my daughter while my fiance works. i dont personally earn any income except for my partners wages of 24 hrs and also working taxt credits. I'm looking for some advice on were to go from here i have acknowledged the claim for via online as directed i just need some advice on were to go from here i would be greatful for the help thanks i am willing to answer all questions.

Thanks in advance,

Sean

Good morning Sean,

OK let's get started.

1. A request to Cabot for a copy of the agreement for this account. (CCA Request template in " Green Box" at the top of the page)

There's a £1 statutory fee to pay use Postal Order and mark it clearly " For Statutory Fee Only" and print and keep a copy.
Use signed for post and check delivery date and signature print off and keep safe.
Cabot has 12 + 2 Working days to comply, failure to comply within the time scale renders the debt unenforceable Until the agreement or a compliant reconstituted one is produced.

2. Mortimer Clarke is owned by Cabot. Next a request made under the provisions of Civil Procedure Rule 31.14 (no fee template in green box)

This is for the documents specifically mentioned in the particulars of claim i.e. The agreement and the Notice of Assignment you cannot request any other documents. There's a nominal 7 day timescale for compliance. Be prepared for a lot o waffle from MC.

Is there any more history to the debt.

nem

[snaylor111]

Re: Cabot - Mortimer Clarke Solicitors LTD 12/10/2016

Good morning Sean,

OK let's get started.

1. A request to Cabot for a copy of the agreement for this account. (CCA Request template in " Green Box" at the top of the page)

There's a £1 statutory fee to pay use Postal Order and mark it clearly " For Statutory Fee Only" and print and keep a copy.
Use signed for post and check delivery date and signature print off and keep safe.
Cabot has 12 + 2 Working days to comply, failure to comply within the time scale renders the debt unenforceable Until the agreement or a compliant reconstituted one is produced.

2. Mortimer Clarke is owned by Cabot. Next a request made under the provisions of Civil Procedure Rule 31.14 (no fee template in green box)

This is for the documents specifically mentioned in the particulars of claim i.e. The agreement and the Notice of Assignment you cannot request any other documents. There's a nominal 7 day timescale for compliance. Be prepared for a lot o waffle from MC.

Is there any more history to the debt.

nem

Hi Good morning nem, I will do the CCA Request Template and send it off only problem is i do not have an account number, i dont get what you mean history with the debt? and also the claim form i have received is in black and white the original debt was £684.89 then plus court fee of £60 then legal representative's costs of £70

regards,
Sean

[nemesis45]

Re: Cabot - Mortimer Clarke Solicitors LTD 12/10/2016

Hi Good morning nem, I will do the CCA Request Template and send it off only problem is i do not have an account number, i dont get what you mean history with the debt? and also the claim form i have received is in black and white the original debt was £684.89 then plus court fee of £60 then legal representative's costs of £70

regards,
Sean

Hello Sean,

History as in any disputes on the account?

You refer to the agreement relating to the alleged debt which is the subject of the claim.

nem

[snaylor111]

Re: Cabot - Mortimer Clarke Solicitors LTD 12/10/2016

Hello Sean,

History as in any disputes on the account?

You refer to the agreement relating to the alleged debt which is the subject of the claim.

nem

no history disputes on the account on what i can recall. Also on the letter its asking me to put an account number i cannot find one anywere

Sean

[charitynjw]

Re: Cabot - Mortimer Clarke Solicitors LTD 12/10/2016

Prior to the court claim did you receive any letters/invoices regarding this & requesting payment?
How about a Notice of Assignment from either Express Gifts or Cabot (or maybe both) informing you that Cabot now own this?
If yes, & you should have had these before the claim, the account number should be on them.

[nemesis45]

Re: Cabot - Mortimer Clarke Solicitors LTD 12/10/2016

no history disputes on the account on what i can recall. Also on the letter its asking me to put an account number i cannot find one anywere

Sean

Hello Sean,

Just ask for the agreement relating to the account from which the alleged debt arises.

nem

[snaylor111]

Re: Cabot - Mortimer Clarke Solicitors LTD 12/10/2016

Hello Sean,

Just ask for the agreement relating to the account from which the alleged debt arises.

nem

ok Thank you

[snaylor111]

Re: Cabot - Mortimer Clarke Solicitors LTD 12/10/2016

I have now sent the letters off this morning one to cabot financial and one to the solicitors lets see what they say when they get back in touch what do i do when they do though?

[charitynjw]

Re: Cabot - Mortimer Clarke Solicitors LTD 12/10/2016

I have now sent the letters off this morning one to cabot financial and one to the solicitors lets see what they say when they get back in touch what do i do when they do though?

You could post their reply on here if you wish.

[snaylor111]

Re: Cabot - Mortimer Clarke Solicitors LTD 12/10/2016

it has been a week today and no reply as of yet what should i do now?

[Stu]

Re: Cabot - Mortimer Clarke Solicitors LTD 12/10/2016

To be honest Sean these days they never reply in the requested time, you may get one letter soon stating they have requested documents from the original creditor, but just start getting idea's for defence.. Defence templates are at the top of the page in green...

[nemesis45]

Re: Cabot - Mortimer Clarke Solicitors LTD 12/10/2016

it has been a week today and no reply as of yet what should i do now?

The CCA request gives the recipient 12 + 2 Working Days for compliance ( time start from when the request is received)

CPR 13.14 has a nominal 7 days for compliance MC usually respond late and say they want 40 days to get the documents.
This does not stop the court process.

nem

[snaylor111]

Re: Cabot - Mortimer Clarke Solicitors LTD 12/10/2016

The CCA request gives the recipient 12 + 2 Working Days for compliance ( time start from when the request is received)

CPR 13.14 has a nominal 7 days for compliance MC usually respond late and say they want 40 days to get the documents.
This does not stop the court process.

nem

I am now going to start and prepare my defence i know there is a template letter and reword it, on the claim form am i right to fill out (defence and counterclaim form N9B and then send them both off to court?
I am also starting to panic if i defend the claim does that mean i would have to go to court?

Sean