CCJ Claim Form from Cabot/Mortimer

[Cloverrover]

Hi there, I’ve joined today because I need help with a ccj claim form received today. We have just got our credit files clean and really can’t have a ccj because we need to move house next year. Pleas help

[Cloverrover]

The claim is an old Lloyd’s credit card for about £2000 that we were paying back monthly at an agreed low rate. After a couple of years I’ll admit I stopped paying it but they never tried to recover it so I just left it. Then earlier this year they wrote to say they had sold the debt to Cabot, they started to chase it but I just ignored their letters because I’ve been well not dealing with things very well. Anyway fast forward to October I got a letter from Mortimers but nowhere did it say it was a letter of claim or letter before action. It said in the text contact us in 30 days or Cabot May ask us to issue court proceedings. So I just buried my head in the sand again and today I have a claim form. I could really thrown myself out of the window right now. I just can’t face all this legal formal stuff it’s overwhelming. Any way I can stop this going ahead? Please please please help.

[MIKE770]

last payment.acknowledgment date> >>>>>>????? also give details

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter

[Cloverrover]

last payment.acknowledgment date> >>>>>>????? also give details: I paid £1 per month for a number of years via bank transfer direct to Lloyd’s. The last payment was about 2014 I think, but I have no statements from them to confirm this.

Received a claim? Yes/No: yes.
Issue Date: 28.11.18
Have you Acknowledged the Claim?: not yet
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) : £2200
Claimant’s Name: Cabot Financial
Solicitors Firm: Mortimer
Original Creditor: Lloyd’s
Original Debt (eg. Credit card/Loan/Overdraft) : credit card
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): by an agreement between Lloyd’s bank & the defendant on or around 10/12/1999 (‘the agreement’) Lloyd’s 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 2200 2. Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): no
List any letters you have sent (eg: CCA/ CPR ): I haven’t sent anything yet other than an email yesterday when I received the claim. My email to Mortimers and Cabot said I hadn’t received a letter before action (their letter was misleading but apparently after seeking advice it was actually a letter before action even though it didn’t say it) and I believed the debt was statute barred.
Any Other Information or Background Details: we really need to avoid a ccj desperately we have to move house next year and a ccj will set us back 6 years when we have just got ourselves straight.
Thank you so much

[MIKE770]

Amethyst

[MIKE770]

and I believed the debt was statute barred. but you state;-

last payment.acknowledgment date> >>>>>>????? also give details: I paid £1 per month for a number of years via bank transfer direct to Lloyd’s. The last payment was about 2014 I think, but I have no statements from them to confirm this?????>

[Amethyst]

Morning xxx Try not to worry - firstly your priority is not to get a CCJ - so unless you happen to have £2k hanging about you're not going to want to jump into admission and offer to pay.

This is quite an old account so they might have difficulties getting the full original agreement - although Lloyds are one of the better banks for retaining documents - so going through the court process ( which is likely to take up to six months ) you should be preparing to make either a full and final or instalment offer which would be acceptable under a consent order to keep you from getting the CCJ ( instalment wise it is likely to have to be £200 a month to get it accepted under a consent order )

But there's best times to make any offer through the process ( when they are on the back foot regards evidence and documents )

so first step - get the claim acknowledged with intent to defend in full .... this is not binding and extends the amount of time you have to defend to 33 days from the issue date.

Then theres a couple letters to send which I'll Put in next post xxx

[Amethyst]

Ok don't email anymore - only do things in writing.

Check dates so you know when defence is due by - it'll be around New Years so make a big note and stick it on the fridge ( or wardrobe so less public lol ) so you don't forget ( issue date plus 33 days is latest date to file by )

Acknowledge Claim do this now

CCA Request send to Cabot

CPR 31.14 Request send to Mortimer Clarke - they're trying to be clever with their particulars of claim by not mentioning documents but still ask for agreement, notice of default/termination and notice of assignment.

Subject Access Request Letter Send to Lloyds bank for back up / cross referencing the info Cabot provide

Example Defence I've just put this so you can see why you're doing the letters xxx

[Cloverrover]

Thank you so much for your help I’ll get all this done tomorrow and Monday! I do feel better already but haven’t been brave enough to tell my husband yet. I don’t know if I mentioned already but he’s a company director and having a ccj will seriously affect his job and businesses eligibility to get finance. So I’m freaking out a bit. Fingers crossed!

[Amethyst]

Now you have a bit of a plan you should probably discuss with him, and point him here so he can see what you are doing is the best way to avoid a CCJ ( other than paying the full claim now of course ).

[Cloverrover]

Right I have done all of these! Thank you and fingers crossed! I think my deadline is the 31 Dec - such an awkward time of year to submit their claim! Anxiously waiting.

[Amethyst]

I don't think they issue double the amount of claims end of November by accident ( I have no evidence of that btw but wouldn't suprise me ) If you hear nothing back ( likely ) you couldjust put your defence in 23rd Dec so you can relax over the christmas period. Once the defence is in there's usually a couple weeks before you'd have to do anything else and it doesn't hurt to put it in a little early.

[Cloverrover]

Ok so I’ve had contact from the solicitors today... which says they agree to an extension of 28 days for us to file a defence. Am I Ok to upload the document for you to see? Many thanks

[Amethyst]

Of course

Then ( assuming it actually is an agreement to a formal extension ) you'll need to let the court know -

Email something along these lines to

the court where your case is ( usually northampton ccbc - check their email address here https://courttribunalfinder.service....?q=northampton

- they keep changing it so may be worth calling them to double check )

SUBJECT: xxxxCLAIMANTxxxx v xxxxDEFENDANTxxxxx CASE NO: XXXXXX - EXTENSION OF TIME FOR FILING DEFENCE

-------------------------------------------------------------

Dear Sirs

The defendant and the claimant in claim XXXXXX have agreed that the period for filing a defence specified in rule 15.4 shall be extended by 28 days as allowed under CPR 15.5. This extends the date for filing of a defence to 18th August 2014 ( date 28 days from original defence date)

I attach a copy of the Claimant's agreement to the extension.

Kind regards

xxxxxxxxx

Defendant

[Cloverrover]

Thank you so much I’ll try an upload their letter now