Mortimer Clarke/Cabot v Krisgibson

[krisgibson]

Hi all,

I have, whilst being out the country, 2 letters from Mortimer clarke and also a county court judgement notice.
i have looked at the forums here and understand about the CCA procedure etcm however i was never given a chance to acknowledge the claim form as i never received it. I spoke to MC earlier who stated the claim form was issued on the 26th of July, so the whole process has been done within 22 days.

Do i still have any way of appealing this and going down the CCA route to CABOT?

CABOT purchased (legally according to MC) my aqua credit card debt - the claimant on the court notice is CABOT.
I notice also that i have a CCJ on my credit file.

Can CABOT legally pursue me for this debt even though i have no agreement or contract with them (according to MC this doesnt matter).

Any help would be great.

[MIKE770]

Set Aside Application cabot have purchased the debt, have you had No papaerwork to inform you from originator??

[MIKE770]

Amethyst

[krisgibson]

It may have been a long time ago - MC claim that Cabot or Aqua sent a letter stating that Cabot were now the owner of the debt (paraphrasing im sure) or had been assigned to collect the debt.
Cabot then passed it to MC.

[MIKE770]

notification from both in the same envelope is usual what we call goodbye/welcome sold on debts

asked Ame to pop in soon

[krisgibson]

Thanks Mike - still trying to get my head round why MC stated that it doesnt matter if I dont have an original agreement/Contract with Cabot - the fact the debt was sold from Aqua to Cabot surely they can not then default pass the orginal agreement to a new owner.

[Amethyst]

Aqua (Newday )would have defaulted the agreement and then sold it on to Cabot. Yes they are able to do this, and Cabot have basically bought the rights ( and obligations ) of the agreement.

It sounds like you will be wanting to look at a set aside application (just for ref for now http://legalbeagles.info/library/how...-judgment-ccj/ ) . Do you know if the original claim was issued to your current address ? Have you checked details with the Court ( likely Northampton county court business centre via moneyclaim online ) ?

If the claim was issued on 26th July, you'd have 17 days from then to acknowledge which takes you to the 12th August, so they could then ask for a Default Judgment which could be dated anytime after the 13th.

You have 28 days from the date of the judgment to settle so that it doesn't stay on your credit file for 6 years.

Presumably the judgment is forthwith payment ( rather than installments ) ?

Any disputes with the original debt ?

How much approx is the judgment for?

[krisgibson]

Thanks Amethyst, I have no issue with paying the debt, my concern is to do with Cabot. judgement is for £2600.
I take it the best thing to do is just pay the judgement to MC?

[Amethyst]

In full ? If so you would pay it to the judgment holder ( so Cabot via MC if that is what they require ) - ensure it is evidenced and inform the court the claim has been settled ( with a copy of the evidence of payment ) - Cabot / MC should do that in any case and, so long as the payment is made within 28 days from Judgment, the CCJ should be removed from the register.

[krisgibson]

I think i have to pay in full - otherwise the CCJ will sit on my record for the next 6 years (according to MC)??

[Amethyst]

Yes, if you don't/can't get the judgment set aside, then if it isn't paid within the 28 days it will stay on the register / file for 6 years. If you enter into an installment arrangement at this stage ( eg by applying through court for redetermination with form N245 ) then it wouldn't stop it staying on the register - it's only payment in full ((( or having the judgment set aside and returning it to a position where you can defend ( or settle ) the claim ))) that will enable it to be removed.

[krisgibson]

Thanks again. Just for my knowledge - If i had been able to acknowledge the claim would i have been able to use the CCA and CPR letters? and what impact would that have had on the case?