TRAVELBOI - Cabot/MC - HP with British Credit Trust

[travelboi]

Hi
How far did this go please? I have just received a letter off Mortimer Clarke for a ccj claim on behalf of Cabot for a Car HP agreement with British Credit trust.
Thanks

[khadkabin]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Hi
How far did this go please? I have just received a letter off Mortimer Clarke for a ccj claim on behalf of Cabot for a Car HP agreement with British Credit trust.
Thanks

Hi

heard nothing yet. It drags for a while

[travelboi]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Ok, thanks.
Do you know if I defend the claim and then ask for all the info that you have and they do provide it, I am able to change my claim and admit it?
Mine is for £3686 and I made a payment in 2012 so it's not statue barred.
I am currently on a DMP and really haven't got £3686 so if they provide the correct stuff I would want to admit and pay in instalments.
Am I best just admitting it in the first place?
I have had no contact with Cabot since they purchased the debt which according to British credit trust was in 2013.
All I have had off Cabot is letters stating please contact us regarding your account - which I haven't. Then a letter off Mortimer Clarke and now the county court claim.
I filled in form yesterday in MCOL asking for the 28 days to defend claim

Many thanks

[nemesis45]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Good morning, welcome to LB.

Have you just received a letter before claim? Or have you received a " claim pack " from the Northampton County Court Business centre?

nem

[travelboi]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Hi
Thanks for reply
Yes I received a solicitor letter of Mortimer Clarke followed by the claim pack off Northampton court

[nemesis45]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Hi
Thanks for reply
Yes I received a solicitor letter of Mortimer Clarke followed by the claim pack off Northampton court

Ok,
Have you acknowledge service of the claim and intention to defend it?

If so you have 28 days from the date of issue on the N1 claim form.
Send Cabot a CCA request + £1 fee for a copy of the agreement see template in the green box above ( use a postal order marked " for statutory fee only" and send by signed for post.

You then need to make a request to Mortimer Clarke for the documents mentioned in the particular of claim CPR31.14 request (no fee) template in green box above.

Please post a copy of the claim form here after removing personal information.

nem

nem

[travelboi]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Ok thanks for your help
I am out at the moment so will post later.
I am worried that if they do have the correct paperwork and it goes to court I won't be able to then have the option of paying in installments after having defended the claim

[nemesis45]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Ok thanks for your help
I am out at the moment so will post later.
I am worried that if they do have the correct paperwork and it goes to court I won't be able to then have the option of paying in installments after having defended the claim

You can go right up to a court date and still get to pay by installments, one way of doing this is via a Tomlin (consent) Order agreed by you and the claimant on a reasonable /affordable offer of payments this way no CCJ is made.

I've seen quite a few BCT agreements that were not enforceable so it's worth checking.

When was the account opened.

nem

[MIKE770]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

CPR 31.14 Request

long way off yet to determine if they can win or not, most cases they do not supply, even at mediation if advised on here you have the option for a Tomlin Order i.e. they agree to withdraw claim and agree a repayment programme with you stamped by the court then as long as you keep to the plan no CCJ.

Regardless of that as in most cases they do not have the correct paperwork so do not panic!

[travelboi]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Ok thanks.
It was opened in Jan 2007

[nemesis45]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Ok thanks.
It was opened in Jan 2007

To comply with the CCA request the Original agreement should be produced.

nem

[travelboi]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Ok thanks
How long do I give them to respond to this CCA and do I send that to Mortimer Clarke or Cabot
Thanks so much

[Diana M]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

I have just received a letter off Mortimer Clarke for a ccj claim on behalf of Cabot for a Car HP agreement with British Credit trust.

It's a bit mean of Cabot to issue a claim when you are already in a DMP or maybe they weren't included in the plan?

It may help you to have a thread of your own about this new claim so contributors can start from scratch.

I'll see if @Kati can move your posts for you

Di

[Kati]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

I'll see if @Kati can move your posts for you

sorted :yo:
[MENTION=97356]travelboi[/MENTION] ... I've moved your posts to their own thread xx

[travelboi]

Re: TRAVELBOI - Cabot/MC - HP with British Credit Trust

Hi
Cabot Were not included.
I haven't acknowledged a debt with them since they purchased it in 2013...I have received letters off them just stating please contact us about your account but as far as I was aware I didn't hold an account with them so I ignored Letters.
So is it worth me defending the debt which they have bought off British credit trust or should I just admit to it, and hope they accept entering Into the DMP?
I could defend it and hope they don't have the correct documentation but what are the chances of that? And if they do have the correct documentation can I change my plea and then admit to the debt at a later stage and would they then still accept instalment payment?
Thanks