Cabot Financial/Mortimer Clarke Vs Me!

[Need4Help]

To cut the long story short, I vaguely remember the circumstances sorrounding this actual debt. All I know is I suffered some financial difficulties after losing my job and becoming homeless between 2008-2010. So, yeah I defaulted on my payments to Capital one and a couple of other cards as well. However, I don't actually remember when I made my last payment to Capital One. I know I never had any contact with Cabot Financial so I don't know if this debt is still within the time limit set down in the law (six years).

I have attached the first page of the claim form to this message and I have just acknowledged the claim online ( I intention to defend the claim). I would be very grateful if someone can tell me my next move, such as: what documents should I request from the claimant and what should I include in my defence?

[charitynjw]

Re: Cabot Financial/Mortimer Clarke Vs Me!

To cut the long story short, I vaguely remember the circumstances sorrounding this actual debt. All I know is I suffered some financial difficulties after losing my job and becoming homeless between 2008-2010. So, yeah I defaulted on my payments to Capital one and a couple of other cards as well. However, I don't actually remember when I made my last payment to Capital One. I know I never had any contact with Cabot Financial so I don't know if this debt is still within the time limit set down in the law (six years).

I have attached the first page of the claim form to this message and I have just acknowledged the claim online ( I intention to defend the claim). I would be very grateful if someone can tell me my next move, such as: what documents should I request from the claimant and what should I include in my defence?

Hi Need4Help & welcome to LB.

See examples, top of this thread.
Send a CCA request to the Claimant. (£1 postal order payable to CF & endorsed 'For statutory purposes only').
As it is for a credit card, s78 CCA will apply.
Send a CPR request to the solicitor (No fee, ask for the agreement & the Notice of Assignment).
Keep copies for reference.
Obtain proof of posting for both

[Need4Help]

Re: Cabot Financial/Mortimer Clarke Vs Me!

Thanks for the prompt reply. I have found a template for the CCA and the CPR requests which I intend to send off tomorrow. I hope you don't mind me asking:

Does my defence depend on their reply? If yes, will I still have enough time (after 12 days) to prepare my defence?
What if they don't reply on time, how then do I compose my defence?

Sorry I'm just a warehouse worker, I don't really know how to type court documents

[nemesis45]

Re: Cabot Financial/Mortimer Clarke Vs Me!

Thanks for the prompt reply. I have found a template for the CCA and the CPR requests which I intend to send off tomorrow. I hope you don't mind me asking:

Does my defence depend on their reply? If yes, will I still have enough time (after 12 days) to prepare my defence?
What if they don't reply on time, how then do I compose my defence?

Sorry I'm just a warehouse worker, I don't really know how to type court documents

Hi,

Ask all you want no one minds the questions.

Once you had acknowledged service of the claim you had 28 days from the date of issue shown on the to right of the N1 claim form.

If they have not replied within the timescale you state in your defence that you sent the CCA request on xxxxxxx and to date the claimant has not responded.

Someone will always be around to help you with your defence.

nem

[Need4Help]

Re: Cabot Financial/Mortimer Clarke Vs Me!

Hi, It has been 8 working days (excluding weekends) and I have not received any replies yet regarding the CCA and the CPR requests. Also, tomorrow completes 28days from the day of issue shown on the claim form. Can someone please tell me what to do now?

[nemesis45]

Re: Cabot Financial/Mortimer Clarke Vs Me!

Hi, It has been 8 working days (excluding weekends) and I have not received any replies yet regarding the CCA and the CPR requests. Also, tomorrow completes 28days from the day of issue shown on the claim form. Can someone please tell me what to do now?

You have acknowledged service of the claim I hope?
Have you prepared and or entered your defence??

nem

[MIKE770]

Re: Cabot Financial/Mortimer Clarke Vs Me!

Defence Example

[Need4Help]

Re: Cabot Financial/Mortimer Clarke Vs Me!

Okay, just got off the phone from someone from the County Court. Apparently, I have until 4pm of 21/12 to submit my defence via post or online. So I'll keep you guys posted when I receive a reply from Cabot/MC. Just in case i dont hear back from them with the information I requested, what would my defence statement look like?

[MIKE770]

Re: Cabot Financial/Mortimer Clarke Vs Me!

as above do not rely om them sending anything listen to what you are told on here, otherwise you will loose out, remember these companies are out to trick you into believing they are doing right all the time, look at many other threads on the subject

[Need4Help]

Re: Cabot Financial/Mortimer Clarke Vs Me!

I just received this letter from Cabot Financial on Saturday (attached). Can someone please tell me what to do next?

[Diana M]

Re: Cabot Financial/Mortimer Clarke Vs Me!

I just received this letter from Cabot Financial on Saturday (attached). Can someone please tell me what to do next?

According to an earlier post on this thread you say that you have to file your Defence by 21st December (i.e. Wednesday).

Cabot's letter is helpful because they not only confirm that they don't have the documents in their possession to comply with your s. 77-79 CCA Request, but they also acknowledge that the debt is unenforceable in court unless or until they do.

I expect that information will form part of your Defence

Di

[Need4Help]

Re: Cabot Financial/Mortimer Clarke Vs Me!

Thanks for your reply Di, would you be kind enough to give me an example of what my actual defence would look like. I have read the defence example posted by Mike770, however, I am just fearful I might use the wrong word or statement that doesn't apply to me.

Thank you ever so much

[nemesis45]

Re: Cabot Financial/Mortimer Clarke Vs Me!

I just received this letter from Cabot Financial on Saturday (attached). Can someone please tell me what to do next?

Nothing to do at this point the debt is unenforceable until the agreement is produced.

nem

[Diana M]

Re: Cabot Financial/Mortimer Clarke Vs Me!

Thanks for your reply Di, would you be kind enough to give me an example of what my actual defence would look like. I have read the defence example posted by Mike770, however, I am just fearful I might use the wrong word or statement that doesn't apply to me.

Your Defence deadline is 4 pm tomorrow so you need to get on with things.

You can use the Legal Beagles Defence Example as a template which Mike770 linked to this thread to help you. Then you can post up your version and someone on the forum will tweak it for you.

I'm afraid I'm not in a position to draft Defences but I did suggest that the contents of Cabot's latest letter may be helpful

Di

[Diana M]

Re: Cabot Financial/Mortimer Clarke Vs Me!

I suffered some financial difficulties after losing my job and becoming homeless between 2008-2010. So, yeah I defaulted on my payments to Capital one and a couple of other cards as well. However, I don't actually remember when I made my last payment to Capital One. I know I never had any contact with Cabot Financial so I don't know if this debt is still within the time limit set down in the law (six years).

Having only just read your first post I can see that there's the potential for this debt to be Statute Barred. That's something you may wish to include in your Defence and it will be up to the Claimant to prove otherwise.

Well done you for getting back on your feet after a period of homelessness. It can't have been easy.

Di