Mortimer & Cabot Vs Koop88

[Koop88]

Received a claim? Yes
Issue Date: 09/08/18
Amount approx: 7080
Claimant: Cabot Financial (UK) Limited
Solicitor: Mortimer clarke solicitors
Original Credit: Virgin Money Credit Card

Done: Acknowledged the Claim 17th August

Need help RE sending a CCA request,
Ready to send the CPR 31.14 request

After this, I'm not sure what happens next. So any help would be greatly appreciated.

[MIKE770]

First Steps

Check dates
Acknowledge Claim = done
CCA Request
CPR 31.14 Request


read threads and see the system

[MIKE770]

Example Defence = for use later

[MIKE770]

more details to what etc etc etc taken out when last paymment default date etc (have you not another thread on this?>)??

[Koop88]

more details to what etc etc etc taken out when last paymment default date etc (have you not another thread on this?>)??

No, it's my first post.

Thanks for the links, I'll be able to send the letters today.

Are you asking for me to give you last payment & default date?

[MIKE770]

more details the better but never divulge personal information or account numbers etc send letters Recorded Delivery and keep copies attached to copy of request (important)

really need to know what it is all about as every case can be different i.e. type debt alledged Credit card/ loan etc etc as not all letters refer to every item

[Koop88]

more details the better but never divulge personal information or account numbers etc send letters Recorded Delivery and keep copies attached to copy of request (important)

really need to know what it is all about as every case can be different i.e. type debt alledged Credit card/ loan etc etc as not all letters refer to every item

So keep copies of the letters sent - no problem.

It's a credit card, last payment made in spring 2017

[Amethyst]

That's quite a speedy turnaround to sell on the debt and bring court action. Could you type out the particulars of claim pls ( exclude reference numbers )

If you opened the account after 2010 and online it is likely that they will have the relevant documents to be able to enforce, so prepare to negotiate settlement out of court, but still ask them to produce the relevant documents to evidence they have the right to claim the debt - the CCA and CPR 31.14 requests.

Was there any dispute on the original account ? It's quite a large balance - was there any payment protection ? large charges etc ?

Was the last payment made before the account defaulted or did it default and you continued some smaller payments ? Does it show up on your credit file ?

Did you receive pre-action letters ( with a reply form ) from them, a couple months back maybe? And did you respond to that ?

[Koop88]

That's quite a speedy turnaround to sell on the debt and bring court action. Could you type out the particulars of claim pls ( exclude reference numbers )

Was there any dispute on the original account ? It's quite a large balance - was there any payment protection ? large charges etc ?

By an agreement between VM and the defendant on or around xx/04/2016, (the agreement), VM agreed to issue a credit card. The defendant failed to make the minimum payments due and the agreement was terminated. The agreement was assigned to the claimant. The claimant, therefore, claims 65xx.xx. 2. costs.

No PPI. What do you mean by dispute? I made payment as normal until I got stepchange involved and then it defaulted. Last payment was April 2017. Afraid to check my credit file but I'll give it a go and let you know.

Honestly, September 2016 to August 2017 i pretty much ignored life. I was on antidepressants, I couldn't sleep, I was dealing with anxiety, signed off work and funerals. I just stuck my head in the sand and now it's too late. All the letters from Cabot I just ignored.

[Amethyst]

Ahh never too late, yes your credit file will be pretty screwed up for a while, but after a crappy life episode, it can take you that long to get things back on an even keel.

It sounds like you did do the right thing, if things were starting to spiral and you needed some breathing space I'm sure Stepchange taking over payments for a while has helped. Did you cease payments to Stepchange and the plan failed in April 2017 ?

This debt has sprung up pretty quickly after ceasing payment... which is quite unusual, the others are likely to take a while longer once they are sold on to various DCA's. Facing the credit file is challenging after a period of sticking your head in the sand, but it helps to get an idea of where things are, look at the big picture and decide if you have other options - you sound like it'll all be at quite early stages, so might have options of an IVA and the like ( not really my area, I'm not a debt advisor and it hugely depends on your overall circumstances what kind of thing might draw a line under everything without causing more detriment )

Credit File wise, if you want to start taking back control of things and investigate options - I signed up with MSE Credit Club, Clearscore and Noddle - all free and update monthly to keep track on things and covers all three of the credit reference agencies ( experian, equifax and callcredit ).

For now and this specific court claim though, could you please type out the particulars of claim from the front of the claim form pls. ( oops you edited it in .... so ignore that bit )

[Amethyst]

By an agreement between VM and the defendant on or around xx/04/2016, (the agreement), VM agreed to issue a credit card. The defendant failed to make the minimum payments due and the agreement was terminated. The agreement was assigned to the claimant. The claimant, therefore, claims 65xx.xx. costs.

Sooo CPR request to Mortimer Clarke can ask for - the agreement - umm yes that's it. But still put agreement, default notice/notice of termination and notice of assignment in the letter... but if it did go to court for compiance with the request they could only be ordered to provide the agreement. I'm assuming that you've shorthanded Virgin Money to VM.

The CCA request will go direcly to Cabot and will be under s.78 as that's for credit cards ( running credit ) rather than s.77 ( fixed sum loans ).

[Koop88]

Sooo CPR request to Mortimer Clarke can ask for - the agreement - umm yes that's it. But still put agreement, default notice/notice of termination and notice of assignment in the letter... but if it did go to court for compiance with the request they could only be ordered to provide the agreement. I'm assuming that you've shorthanded Virgin Money to VM.

The CCA request will go direcly to Cabot and will be under s.78 as that's for credit cards ( running credit ) rather than s.77 ( fixed sum loans ).

Thanks for this, will update the letter.

Ahh never too late, yes your credit file will be pretty screwed up for a while, but after a crappy life episode, it can take you that long to get things back on an even keel.

Credit File wise, if you want to start taking back control of things and investigate options - I signed up with MSE Credit Club, Clearscore and Noddle - all free and update monthly to keep track on things and covers all three of the credit reference agencies ( experian, equifax and callcredit ).

For now and this specific court claim though, could you please type out the particulars of claim from the front of the claim form pls. ( oops you edited it in .... so ignore that bit )

Thank you for saying that. Currently, i feel like a failure that it has even come to this and i'm so unprepared.

Credit score according to MSE money club is 555 but no CCJ on file. Neither is the credit card or loan I have outstanding. But they were opened in my previous name but it does have my old name as an alias on file so i'm not sure what's happened.

Did you cease payments to Stepchange and the plan failed in April 2017? Yes, basically. I just canceled the Direct debit and never went back.

I have a loan with Sainsbury that has been pushed to Wescot but it hasn't come to a CCJ yet. So I'm trying to get in touch with them to send it back to sainsbury's. Realistically, I wish I could just declare myself bankrupt but I owe too much.

[Amethyst]

Most of us on here have been there, you do come out the other side.... honestly. It's not easy, and it can be stressful but just don't take any of it personally, some DCA's are complete arses, but others can be lovely and actually want to help you get things sorted. It's a journey, but you can get there.

SO, how much overall do you think you owe?
DO you own your own house?

The other debts might be reported with the other CRA's ( callcredit (noddle) and equifax (clearscore) - the MSE is only experian - and everything isn't reported to all of them)

Westcot act for the lender, so you should be able to come to an installment arrangement to stop it progressing to court action. Your first step is to get your income and expenditure sorted out with all your debts on so you know what pro-rata offers you are able to make. Remember the priority debts come first, just as with stepchange. Also remember the 6 years on your credit file doesn't start until the debt is defaulted, so worth checking the situation of each debt before coming to any arrangements as often it's better to let them default so the clock starts ticking. Making payments before it defaults would just keep it live for longer, they may still default you at an unspecified time in the future, and an arrangement marker is pretty much as bad as a default marker.

Also, once a debt defaults and gets sold to a DCA/debt purchaser like Arrow/Cabot/Hoist etc you are more likely to be able to get a reduced settlement ( if you ever get to a position where you could make full and final offers ).

Get the CCA and CPR letters sent off for this one anyway - we're here to help as much as we can.

[Koop88]

SO, how much overall do you think you owe? 21000 give or take a few hundred
DO you own your own house? I rent with my partner. I don't own the car, that's in his name. Only thing in my name is my pay monthly phone bill.

Also, once a debt defaults and gets sold to a DCA/debt purchaser like Arrow/Cabot/Hoist etc you are more likely to be able to get a reduced settlement ( if you ever get to a position where you could make full and final offers ).

Get the CCA and CPR letters sent off for this one anyway - we're here to help as much as we can.

I would settle with Wescot if I had the money but I'll try and get into a payment plan with them. unfortunately, I'll be jobless come December so I feel like life is a joke atm.

I signed up with Noddle and the two defaulted records are there. The VM credit card is listed as Cabot but the Sainsbury loan is still down as Sainsbury. Both say default though. However, Sainsbury is still charging interest, which they did even when Step Change were paying them - how is that meant to help me get out of debt *shrugs* lol .

[Amethyst]

That's a good thing when they do get sold off to debt purchasers, usually the interest stops. No it isn't helpful at all.

Might be worth holding fire and just dealing with this court claim until the New Year then - you don't need to be sending money for debts when the future is a little uncertain, so unless they are really chasing you and threatening court action you should to be safe keep them filed until after December, then any installment plans you do organise can be based on your reduced income, and you then will have the option to increase if things improve