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cabot financial ltd + mortimer clarke

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  • #16
    Re: cabot financial ltd + mortimer clarke

    today i receive a claim form for county court from mortimer clarke issued from the 13 of april
    you mention in your statement of case ahead of filing my defence on 20 APRIL 2017.
    I make the defence date 16th May.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment

    • #17
      Re: cabot financial ltd + mortimer clarke

      Originally posted by troubleuk View Post
      well i sent of the CPR request today but i didn't put Mortimer address on the CPR letter just CABOTS does it matter

      also sent off a SAR to capital one

      do i sit back and wait to hear from them or should i be doing something else

      @nemesis45
      CPR 31.14 should go to the solicitors, as there is no fee I would send it again to Mortimer Clarke.
      Start thing about your defence plan ahead.

      nem

      Comment

      • #18
        Re: cabot financial ltd + mortimer clarke

        Defence Example

        send CPR request again to solicitors, if I was bloody minded and the request came to my office ( They are not out to help you when they want blood money), I might not forward it on Result - you might get judgment by default. must read and digest what/where to send paperwork!
        • 1 thank

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        • #19
          Re: cabot financial ltd + mortimer clarke

          Originally posted by MIKE770 View Post
          send CPR request again to solicitors, if I was bloody minded and the request came to my office ( They are not out to help you when they want blood money), I might not forward it on Result - you might get judgment by default.!
          The OP would only get a Default Judgment if they failed to file their AOS/Defence by the court deadline. The CPR Request is not a court document (it's sent direct to the Claimant's solicitors) . It's optional not compulsory.

          Di

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          • #20
            Re: cabot financial ltd + mortimer clarke

            The defendant reading above comment should realise that making an error in submissions could lead to a default judgment eventually nobody is saying at this stage they would get one, (albeit a warning signal), but if documents sent to wrong place then be aware they may not be received at correct establishment and eventually get a default judgment due to papers sent in error to another address and not forwarded.
            • 1 thank

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            • #21
              Re: cabot financial ltd + mortimer clarke

              Originally posted by MIKE770 View Post
              The defendant reading above comment should realise that making an error in submissions could lead to a default judgment eventually nobody is saying at this stage they would get one, (albeit a warning signal), but if documents sent to wrong place then be aware they may not be received at correct establishment and eventually get a default judgment due to papers sent in error to another address and not forwarded.
              A CPR Request letter sent to the wrong address cannot lead to a Default Judgment since it's not a court document. Default Judgments are the sanction for failing to comply with a court deadline.

              Di

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              • #22
                Re: cabot financial ltd + mortimer clarke

                Originally posted by Diana M View Post
                A CPR Request letter sent to the wrong address cannot lead to a Default Judgment since it's not a court document. Default Judgments are the sanction for failing to comply with a court deadline.

                Di
                we know that but if Documents are sent to the wrong place they may never get to the intended recipient (no matter what the document is)! just a be aware warning!!!!!!!!!!!!

                Comment

                • #23
                  Re: cabot financial ltd + mortimer clarke

                  The cpr request did go to Mortimer I just never put there address on the letter only realised when I got home. I will send another one asap with Mortimers address on the letter the letter i sent to mort started off like cabots address vs me

                  @MIKE770 @Diana-M
                  Last edited by troubleuk; 22nd April 2017, 17:39:PM.
                  • 1 thank

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                  • #24
                    Re: cabot financial ltd + mortimer clarke

                    i sent another CPR request of to Mortimer clarke today signed for today with it addressed to them so lets see what they have to say
                    • 3 likes

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                    • #25
                      Re: cabot financial ltd + mortimer clarke

                      i got a reply from mortimer clarke today regarding my CPR request

                      here is the letter they sent to me http://prnt.sc/f1fqd6

                      i have only had a letter from cabot saying they are passing this on to there solicitor no others
                      please advise what i do next

                      thanks very much
                      @Diana-M @MIKE770
                      Last edited by troubleuk; 27th April 2017, 12:27:PM. Reason: edit text
                      • 2 likes

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                      • #26
                        Re: cabot financial ltd + mortimer clarke

                        I see it's one of those sneaky letters where they're trying to get you to disclose documents from your files which they should have in their possession but obviously haven't.

                        Nice try Mortimer Clarke!

                        They've agreed to extend the deadline to file your Defence so it's your duty to inform the court in writing.

                        It may seem like they're being generous towards you by extending the deadline, but the reality probably is they're the ones who need more time to hunt (or reconstitute) documents.


                        Di
                        • 2 likes

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                        • #27
                          Re: cabot financial ltd + mortimer clarke

                          thanks @Diana-M

                          so i send a letter to the court saying mortimer have agreed a extension of 28 days

                          and also a letter to mortimer telling them i have no letters to inspect thats why i sent a CCA to cabot and still not received anything about the claim against me

                          are there any templates that i could send to the court has i really have no idea what to write
                          thanks
                          • 1 thank

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                          • #28
                            Re: cabot financial ltd + mortimer clarke

                            Originally posted by troubleuk View Post
                            thanks @Diana-M

                            so i send a letter to the court saying mortimer have agreed a extension of 28 days

                            and also a letter to mortimer telling them i have no letters to inspect thats why i sent a CCA to cabot and still not received anything about the claim against me
                            Yes to the first part (inform the court in writing about the extension) and make a diary note of the new date. Ask on the forum if you're not sure.

                            No to the second part. You've sent a perfectly valid CPR 31.14 Request which they now have to deal with. No need to tell them what you have/haven't got. They were phishing for information.

                            If you tell them you've got nothing they may reconstitute something thinking you've got nothing to compare it with. At the moment they don't know what you've got. If you follow my logic

                            Have you sent a SAR to the original creditor? When you get a response you'll be able to see what really went on and when. If there's no information on the DN for example, yet the Claimant produces one, that begs the question of where did they get the information to do that.

                            No need to reply to Mortimer Clarke's letter.

                            Di
                            • 2 likes

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                            • #29
                              Re: cabot financial ltd + mortimer clarke

                              i think my defence date is 16th of may as on the court letter it says issue date 13 april 2017

                              and i have sent off a SAR still waiting to hear from them

                              thanks
                              Diana-M

                              Comment

                              • #30
                                Re: cabot financial ltd + mortimer clarke

                                A little help with writing to the court re the extension agreement here - http://legalbeagles.info/forums/show...filing-defence
                                #staysafestayhome

                                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                                Received a Court Claim? Read >>>>> First Steps
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                                SHORTCUTS


                                First Steps
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