County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

[Angel1978]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Will do thank you.

Almost there! I'd rather pop my defense through today tbh so i'm not stressing about it over the weekend.

Even with one of those that you click on a website with a button and voila you have a credit card. Could there be documents for that?!

I'd probably not be able to pay this off in a month tbh. A settlement negotiation would be better for me if it came that I had to pay it. It's the worst month possible for me to have to find £300 but it's a possibility if the date was after the end of January that I could find it if needs be.

[Amethyst]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Yip okay, putting in a defence should take it to well after Christmas and likely into February before you'll want to be looking at settling ( if no documents still you could try a 50% settlement with no admission in interest saving costs/time etc) - but we'll see what happens. There wouldn't be any court date even if everything went on perfect timescales till March so you have time to save 'just in case'. I think it's wise to be prepared to settle with a claim of this size when the consequence is 6 years of a buggered credit file.

But for now, they have some work to do...

Even with one of those that you click on a website with a button and voila you have a credit card. Could there be documents for that?!

YES - you should have been given all the terms and conditions to read ( online) and signed the documents with a 'tick' click box. They need to provide all those terms and the actual agreement you ticked before they can proceed further ( thats the CCA request part ) As I say, they are likely to have it, it's just whether they bother to provide it or not.

Once you get your defence in they have 28 days to go back to the court to say if they want to proceed, otherwise the case gets put on hold. If they do, you receive a directions questionnaire which allows for mediation before being transferred to your local court where they would order documents set a hearing date, which is why I'm saying you likely wouldn't have to settle in full if it came to that until March time.

[Angel1978]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Yip okay, putting in a defence should take it to well after Christmas and likely into February before you'll want to be looking at settling ( if no documents still you could try a 50% settlement with no admission in interest saving costs/time etc) - but we'll see what happens. There wouldn't be any court date even if everything went on perfect timescales till March so you have time to save 'just in case'. I think it's wise to be prepared to settle with a claim of this size when the consequence is 6 years of a buggered credit file.

But for now, they have some work to do...

YES - you should have been given all the terms and conditions to read ( online) and signed the documents with a 'tick' click box. They need to provide all those terms and the actual agreement you ticked before they can proceed further ( thats the CCA request part ) As I say, they are likely to have it, it's just whether they bother to provide it or not.

Once you get your defence in they have 28 days to go back to the court to say if they want to proceed, otherwise the case gets put on hold. If they do, you receive a directions questionnaire which allows for mediation before being transferred to your local court where they would order documents set a hearing date, which is why I'm saying you likely wouldn't have to settle in full if it came to that until March time.

Ah okay I didn't realise the process was that long. That would be fine in March. If they provide the documents requested then I would be looking to settle the matter soon after.

I also didn't realise that I had 28 days to file my defense so I've got a few days longer than I anticipated. I'm thinking of giving them until Monday to reply with documentation or extension. I think I have until the 13th to file a defense.

It galls me that they haven't followed procedure tbh. To just take me to court without notice is shocking.

[Amethyst]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

If the claim was issued on the 15th November you have to Monday 18th Dec to file your defence ( It's 33 days from the date of issue printed on the claim form - 28 days from service ( when you received it ). So I'd aim to file the defence next Thursday/Friday. You did get the acknowlegdment through okay on moneyclaim online didn't you ? Should give you the defence date on there too.

I completely agree with you it is out of order they can get away with ignoring pre-action protocols. If it did get as far as court you can argue that but tbh there's not much in the way of sanctions can be applied to them and although it might negate any costs the judgment on the actual debt could still happen. So it is what it is however annoying it is.

[Angel1978]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

If the claim was issued on the 15th November you have to Monday 18th Dec to file your defence ( It's 33 days from the date of issue printed on the claim form - 28 days from service ( when you received it ). So I'd aim to file the defence next Thursday/Friday. You did get the acknowlegdment through okay on moneyclaim online didn't you ? Should give you the defence date on there too.

I completely agree with you it is out of order they can get away with ignoring pre-action protocols. If it did get as far as court you can argue that but tbh there's not much in the way of sanctions can be applied to them and although it might negate any costs the judgment on the actual debt could still happen. So it is what it is however annoying it is.

Yes I believe I got the acknowledgement through. I logged in today to check my defense is good to enter when I'm ready and that is the next step highlighted with acknowledgement ticked. I over organised a bit I think lol so had all documentation in a folder ready to go.

One day maybe sanctions will be given. One day.

Thank you for your valuable help. Appreciate your advice!

[Angel1978]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Hello, back with an update. Mortimer Clarke Have replied:

Thank you for your letter dated xx.

We acknowledge your request for documents pursuant to section 78 of the Consumer Credit Act 1974.

For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can.

In the meantime, the matter has been placed on hold and no further action will be taken.


I'm due to file my defense today. I gave them an extra couple of days for their letter to reach me as weather has been awful. Now i'm at file date. I take it I should just go ahead and file irrespective of the letter above?

[nemesis45]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Hello, back with an update. Mortimer Clarke Have replied:

Thank you for your letter dated xx.

We acknowledge your request for documents pursuant to section 78 of the Consumer Credit Act 1974.

For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can.

In the meantime, the matter has been placed on hold and no further action will be taken.


I'm due to file my defense today. I gave them an extra couple of days for their letter to reach me as weather has been awful. Now i'm at file date. I take it I should just go ahead and file irrespective of the letter above?

Yes make sure your defence is in by 4pm today!

nem

[Angel1978]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Yes make sure your defence is in by 4pm today!

nem

Thanks Nem, on it!

[nemesis45]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Thanks Nem, on it!

Carboot and Mortiner Cluks " on hold" means nothing in regard to the court processes!

nem

[Angel1978]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Carboot and Mortiner Cluks " on hold" means nothing in regard to the court processes!

nem

Thanks, I figured. They do make me chuckle tho haha!

[Amethyst]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Best of luck with this Angel xxx

[Angel1978]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

Best of luck with this Angel xxx

Thanks so much hun! Appreciate everyones help!

Defence submitted successfully! Woo! Now I can relax and try to enjoy some of Christmas!

[warwick65]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

If the date on the claim form was 15th November as you said in an earlier post you actually have until 4pm next Monday to submit your defence if you need the extra time

- - - Updated - - -

Posts crossed

[Angel1978]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

If the date on the claim form was 15th November as you said in an earlier post you actually have until 4pm next Monday to submit your defence if you need the extra time

- - - Updated - - -

Posts crossed

Thanks. Just wanted it to be done tbh.

[Angel1978]

Re: County Court Claim Cabot Financial (UK) Ltd Capital One Mortimer Clarke

One more thing if I may?

I've been reading the forum and am unsure if cabot UK actually have a legal right to be a claimant re license. Mortimer Clarke said nothing so is this something that should have gone in my defence/can be used at a later date?