County Court letter received from Northampton Court. Cabot financial & Mortimer Clark

[Jimmy123]

Hi,

Adivse would be greatly received. This pests have been chasing me for years.....

Cabot financial contacted me approx. 3 years ago chasing a debt dated back to 2002 for a personal loan with The Funding Corporation. After using this forum, I followed the neseccary steps and wrote to them, requesting to provide me proof of the debt and that the debt was now statue barred, no contact made to the creditors in over 6 years. I received a response confirming they would contact me with their findings after further inverstigation, this was over 14 months ago, I didn’t receive a response.


I have now received a County court claim for nearly £10000. I intend to dispute the claim and any advise on templates, letters, process I should follow would be greatly appreciated.

Lastly, is there a likelihood they can enforce this? They have never provided me with proof of the debt.


Many thanks,

[Diana M]

Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

Is the Claimant Cabot Financial (Europe) Ltd or Cabot Financial (UK) Ltd?

It matters.

What proof have you asked for so far such as a formal s 77-79 CCA Request together with the £1 statutory fee?

Di

[Jimmy123]

Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

Hi Di,

The Claimant is Cabot Financial (UK) Ltd
1 Kings Hill Ave
Kings Hill
West Malling
Kent

Mortimer Clarke Solicitors Ltd (BN11 1QP) are acting for them.

I previosoly paid the £1 statutory fee and requested CCA. I also used a template form this forum I was provided a link to, which requested the company to prove my debt, as it was statue barred, they did not provide any correspondence to prove otherwise, this was at least 12 months ago.

Many thanks,

[Diana M]

Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

Was this car finance and did you have any PPI or GAP insurance at the outset?

When did you stop paying and what caused that?

When would the loan have expired if it had continued for the full term?

Do you recall receiving a Default Notice at any stage?

Have you received an annual Notice of Sums in Arrears?

When was the account assigned to Cabot and do you recall receiving a Notice of Assignment at the time?

Sorry for all the questions but it’s necessary to gather the facts before suggesting the next step.

Di

[Jimmy123]

Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

Hi,

The loan was for a car at the time, as for PPI & GAP, it was never sold to me at the time, potentially might have been mis sold.

I entered an IVA about 2003, the loan would have finished 2007 if it went full term. No default notice or arrears ever due to entering IVA.

Im not sure what a notice of assignment is, sorry.

Cabot first contacted me around 3 years ago chasing the debt. I have never spoken with them.

Many thanks,

[Diana M]

Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

I entered an IVA about 2003, the loan would have finished 2007 if it went full term. No default notice or arrears ever due to entering IVA.

I'm assuming from what you say that this debt was included in your IVA (correct me if I'm wrong) because in post #1 you imply The Funding Corporation loan started in 2002.

Did the IVA complete or did it fail and if so when was that (what year)?

Di

[Jimmy123]

Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

Hi Di,

The loan was included in the IVA, sorry for not making that clear. The loan was started in 2002 when I purchase the car, I entered the IVA shortly after.

The IVA failed 2006, at the very latest. There has been no cm tact with any creditors for over a decade. My credit score is fine now, I have credits cards, mobile phone a car and about to purchase a house. Nothing shows up on any credit file.

[Jimmy123]

Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

Hi Di,

I’m sorry to pester you so early on a Monday. Please can you advise my next steps? I’m mindful I have 14 days to respond to claim.

Many thanks,

[Diana M]

Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

Hi Di,

The loan was included in the IVA, sorry for not making that clear. The loan was started in 2002 when I purchase the car, I entered the IVA shortly after.

The IVA failed 2006, at the very latest. There has been no cm tact with any creditors for over a decade.

If the IVA failed in 2006 then the SB date is likely to run from when the IVA provider sends a formal letter of termination and a failure report. This can be some time after the last payment you made. This is assuming that you haven't paid or acknowledged the debt since the IVA was terminated.

Have you kept the paperwork from your IVA or can you get it from the IVA provider (send a Subject Access Request) ?

My suggestion is that you go online at MCOL and tick the box which says you intend to defend all of the claim. The deadline for this is 19 days from the claim Issue Date (top right on the first page).

You then have 33 days from the claim Issue Date to file your Defence.

It's wise to plead more than one legal argument rather than rely on the debt being SB in case it isn't. Sadly the majority of people who approach my firm believing their debt to be SB subsequently discover it isn't. There are a number of factors to consider not simply the last payment.

The fact this debt is not showing on your CRA files could mean that the loan was defaulted more than six years ago so the whole CRA file entry is removed six years from that date regardless of what happens after that.

Since you have already sent a s 77-79 CCA Request to Cabot (according to post # 3) nothing is gained by sending another. But I suggest that you send a CPR 31.14 Request to Mortimer Clarke.

I have no problem with you pestering me early in the morning on the forum. If I don't respond you can email me instead.

Hi Di,

I’m sorry to pester you so early on a Monday. Please can you advise my next steps? I’m mindful I have 14 days to respond to claim.

Many thanks,

I would also suggest you send a Subject Access Request to The Funding Corporation to get the full history of the loan account from inception. You'll need this to assess the 'honesty and accuracy' of any reconstituted documents or facts submitted by the Claimant and/or their solicitors.

Di

[Jimmy123]

Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

Thanks Di,

I will go online tomorrow and complete the form confirming I dispute the debt.

Please can you advise where I obtain a CPR 31.14 and Subject access request?

Thank you for all you help so far.

[MIKE770]

Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

Please can you advise where I obtain a CPR 31.14 and Subject access request



|| CPR 31.14 Request Letter

Subject Access Request Letter

should of read SAR

[Diana M]

Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

| CCA Request Letter |

Since the OP has already sent a CCA Request which has not been complied with, I have suggested that they shouldn’t send another one in case the Claimant makes a bigger effort to fix the problem this time.

At the moment the Claimant can’t enforce the debt in court unless or until they do comply so doing nothing about the CCA Request is the way forward.

Di

[Jimmy123]

Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

Hi Di,

I’ve competed the court claim online confirming I am fully disputing the debt. Are my next steps issuing a CPR and subject access letter?

Many thanks,

- - - Updated - - -

Hi Di,

I’ve competed the court claim online confirming I am fully disputing the debt. Are my next steps issuing a CPR and subject access letter?

Many thanks,

- - - Updated - - -

Hi Di,

I have completed the court claim from online, confirming I am disputing the debt.

Are my next steps submitting a CPR and subject access request letter?

Many thanks,

[Jimmy123]

Re: County Court letter received from Northampton Court. Cabot financial & Mortim

Hi Di,

The acknowledgment to the court has been submitted, I haven’t issued my defence letter.

Please can you advise my next steps?

Many thanks,

[Onestepatatime]

Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

[MENTION=87380]Diana M[/MENTION] think Jimmy's trying to get your attention.