Search
  • Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Claim Form Cabot + Mortimer Clarke

Collapse
Loading...
X
Collapse
  • Page of 1
  • Filter
  • Time
  • Show
Clear All
new posts
Previous Next
  • #1

    Claim Form Cabot + Mortimer Clarke

    Hi

    I received a County court claim form

    Issue Date 26 Jul 2017
    Approx amount £400
    Claimant Cabot
    Solicitor Mortimer Clark
    Original credit Capital One
    Particulars of the Claim
    By an agreement between Capital One Bank Europe PLC &
    The Defendant on or around 11/11/2014 ("the agreement") Capital One Bank agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant.
    The Claimant therefore claims xxx


    I have already acknowledged via MCOL on 1st August saying I will be

    I have previously had two other CCJ claims for other things stuck out because they ignored all requests for paperwork. I'm currently writing up the CPR 31.14 request and this particulars of claim is worded different to my previous two so just want to double check the documents I can request.

    I presume I can request

    1) Agreement
    2) Default Notice
    3) Deed of Assignment
    4) Formal Notice

    Am I correct?

    Thanks in advance for any help
    Tags: None
  • #2
    Re: Claim Form Cabot + Mortimer Clarke

    items listed on the court form (Particulars of claim) can be requested at this stage only!"
    • 1 thank

    Comment

    • #3
      Re: Claim Form Cabot + Mortimer Clarke

      Sorry im confused what you are saying. Im requesting it as per the suggestions in the county claim section and sinply querying from the particulars of claim i listed in my first post if im right to request those four documents when i send the cpr 31.14.

      Comment

      • #4
        Re: Claim Form Cabot + Mortimer Clarke

        If it were me I'd request all of that plus the Notice of Assignment and a detailed breakdown of the sum allegedly owed.
        You may receive a response saying that CPR 31 doesn't apply to Small Claims, blah blah (some of the debt purchasers send out template letters stating this; I'm not sure whther Cabot/MC do).
        If so there is no harm in resending it without any mention of CPR 31.
        They have an ongoing duty to disclose relevant info & failure to do so could be classed as unreasonable, even in Small Claims.

        Have you sent a CCA request?
        Last edited by charitynjw; 7th August 2017, 06:46:AM.
        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

        • #5
          Re: Claim Form Cabot + Mortimer Clarke

          Hi, yes sending cca letter to cabots today at same time as sending cpr31 to solicitors.
          • 1 thank

          Comment

          Previous Next

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

          Announcement

          Collapse
          1 of 2 < >

          SHORTCUTS


          First Steps
          Check dates
          Income/Expenditure
          Acknowledge Claim
          CCA Request
          CPR 31.14 Request
          Subject Access Request Letter
          Example Defence
          Set Aside Application
          Directions Questionnaire



          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.




          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

          Defend Claim - within 28 days from Service (IF you acknowledged in time)

          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.



          We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
          If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
          2 of 2 < >

          Support LegalBeagles


          Donate with PayPal button

          LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

          Create a Thread
          See more
          See less

          Court Claim ?

          Guides and Letters
          Loading...



          Search and Compare fixed fee legal services and find a solicitor near you.

          Find a Law Firm


          Working...
          X