cabot financial ltd + mortimer clarke

[troubleuk]

Re: cabot financial ltd + mortimer clarke

@Amethyst @Diana-M
so its 28 days from the 13th of april 2017 does that include weekends am sorry but i am going of the issue date on the court letter

thanks

[troubleuk]

Re: cabot financial ltd + mortimer clarke

[QUOTE=troubleuk;724016]@Amethyst @Diana-M
so its 28 days from the 13th of april 2017 does that include weekends am sorry but i am going of the issue date on the court letter

thanks i sent the letter off to the court for a extension for the 13 of june

i wont be sending anything or have contact with mortimer
SAR sent of with 10 pound postal order attached
still nothing from my CCA request from cabot

is there anything else i need to do in the mean time

thanks all will keep you updated

[warwick65]

Re: cabot financial ltd + mortimer clarke

Hi Trouble

The extension makes it another 28 days from the deadline that was in place
Date of claim 13th April?
You have acknowledged service online or another way i take it?
Original date for defence = 16th May ( 33 days)
new deadline for defence =4pm 13th June

Personally I would be inclined to get it in on 12th once your post has arrived - just in case they send anything else but i am a worrier and like to be ahead of the game.
If my calculations are right you could send the defence on 13th June

So its date of claim + 5 days for service+ 28 days+ additional 28 days as agreed by MC=59 calendar days

[troubleuk]

Re: cabot financial ltd + mortimer clarke

@warwick65 yes the date of claim was the 13th April and put my acknowledged service online the day i got the letter

i put it letter about the agreed extension that will take my defence date to the 13th of june.
i think i will file my defence case on the 12th of june.
i am not going to reply to mortimer now i will just leave then to it also not heard about my CCA from cabot so am not going to chase them up as i have proof of postage and receipt of the postal order
thanks

[Diana M]

Re: cabot financial ltd + mortimer clarke

i am not going to reply to mortimer now i will just leave then to it also not heard about my CCA from cabot so am not going to chase them up as i have proof of postage and receipt of the postal order

Good to see you're feeling more in control of the situation instead of letting the situation control you.

Have a nice Bank Holiday Weekend.

Di

[troubleuk]

Re: cabot financial ltd + mortimer clarke

thanks @Diana-M

will keep you updated if i hear anything and hope you have a lovely bank holiday yourself

[troubleuk]

Re: cabot financial ltd + mortimer clarke

ok just quick update i got my SAR through today its about 40 pages long what do i do with it ? i have no idea what it all means

and also not heard from the court yet regarding my agreed extension ?

@Diana-M

[warwick65]

Re: cabot financial ltd + mortimer clarke

If you look at the paperwork there should be several pages of dates of phone calls and letters sent . You are looking for things such as default notice sent or account assigned .

Did you tell the court that they had agreed to an extension, it is your responsibility to tell them

[troubleuk]

Re: cabot financial ltd + mortimer clarke

If you look at the paperwork there should be several pages of dates of phone calls and letters sent . You are looking for things such as default notice sent or account assigned .

Did you tell the court that they had agreed to an extension, it is your responsibility to tell them

i sent them a letter recorded delivery about the agreed extension

and the SAR capital one sent me a default notice it says but i cant remember getting such a letter
[MENTION=98117]warwick65[/MENTION]

[warwick65]

Re: cabot financial ltd + mortimer clarke

Well here is a question.
On the SAR details there should be a date for the default notice and a date for the termination ( I might be called notice of default)

If your SAR asked for everything and they haven't replied with everything , I would write back reminding them what you asked for. I imagine the cover letter for the SAR says something like 'this is what we find people usually require however we may hold further info on you, if you require this please let us know.'

So have Mortimer Clarke replied to your CPR 31.14 request ?
Or Cabot to your CCA request ?

These might include the termination notice or a date the DN was issued- do they agree with what the SAR has said?
Does the date of assignment on the SAR agree with the date they claim it was assigned.

No need to answer these on the open forum, in fact I would rather you didn't but they might be ammunition to if use if it gets to court, after all if they haven't got those dates right with all the resources they have behind them, what else might be wrong?

[troubleuk]

Re: cabot financial ltd + mortimer clarke

[MENTION=98117]warwick65[/MENTION]

pm sent thanks

[warwick65]

Re: cabot financial ltd + mortimer clarke

Hi Trouble

I read your PM which is really just a summary of what is on the thread so

They have not complied with your CCA request
They have not complied with your CPR 31.14 request

The claimants will have to prove they have the right to litigate so that will mean complying with a CCA request, proving they have the legal rights to the debt, proving a compliant default notice and termination notice was sent and a few other things

The info that the SAR provides may be what you can use to disprove some of these claims. At the moment ot is too early to say because you don't know what cards they hold. Equally, bevause the info in the SAR has been provided to you, they do not know what cards you hold

[Diana M]

Re: cabot financial ltd + mortimer clarke

I'll add to that by saying what's NOT in the SAR is equally important, because if it's not there it probably didn't happen.

So if the Claimant produces a reconstituted document that begs the question where did they get it from

Di

[troubleuk]

Re: cabot financial ltd + mortimer clarke

do you think i should phone the court to see if they received my letter about the agreed extension ?

thanks

[Amethyst]

Re: cabot financial ltd + mortimer clarke

The court isn't really involved in defence extension agreements - although when they receive notice they should note it on the file so it rejects any app for default judgment - but on the online system it doesn't really work properly. It would be very bad form for the Claimant to agree a specific extension under the CPR's and then apply for default judgment, so I wouldn't worry too much. Check with the Court on Monday if it puts your mind at rest though

Just ensure you put your defence in before the end of the extension period