Cabot / Mortimer

[Kellyjones42]

Hi, I have used advice from other people’s threads previously but this one has stumped me!!!

i had a debt of around £1300.00 with Lloyd’s bank from a credit card. In 2008 due to business issues, I defaulted then due to mental health no contact or payments had been made.

in 2016 Cabot applied to the court by which time I used the statue bared defence as it was way out of time and the court stayed leaving them to prove to me they had received Payments a after 2008 , aside from the fact I didn’t even know the debt had been bought by them!!

They sent a letter vague vague saying I had paid in 2013 so it wasn’t out of time to chase, which is absolute rubbish there was no evidence other than then saying that in a letter.

Faat foward to today day I get a letter saying the stay has been set aside without me being notified and I have to mediate or something with the court?? I don’t know what to do, I have buried my head as I have had a couple of terrible years but I don’t want to be bullied when they clearly are lying!! Thanks in advance for any advice. Sorry for the Lehman’s description also.

[Amethyst]

Contact the court and tell them you haven't had any notice of an application to lift the stay and see if they can send you details. They might say to contact the claimant in which case you can write to them at same time you send them the directions questionnaire ( assuming that's what the court have asked for )

The letter you have received is it an order to complete a directions questionnaire?

Did you include Statute barred in your defence ?

and have you sent a subject access request to Lloyds to see if their info matches the info Cabot has provided - if not it's worth sending a SAR to Lloyds now.

[Kellyjones42]

Thanks for the fast reply.

Yes original i replied saying the debt was statute barred, then they had to prove to the court it wasn’t which as far as I knew they never had just a letter sent to me saying it wasn’t as I had paid a payment in 2013 which is an outright lie.

The letter i recieved has several sections the first is a letter a letter saying genralnform of judgement or order saying that on reading an application from the claimant they have granted the lift of stay and send a directions questionnaire to both parties.

then there’s a copy of the application notice from Cabot financial :- saying that on he 12/12/2016 they issued proceedings that I defended.

:- they then provided me with documentation and attempted to settle the matter but they have been unable too.



then a draft order which is undated and from Mortimer Clarke .

It then hen says I need to fill out a small claims directions questionnaire

[Amethyst]

Okay, so Cabot didn't send you the application or tell you they were going to apply to lift the stay, the first you heard was this order from the court with a copy of the application attached? or did Cabot send you the application separately ?

Do you still have a copy of your defence that you filed back in 2016 ? If so can you post it up please so we know what/if you have to amend and what else needs doing. Seems a little bit of a cheek applying without any notice after 2 years, without actually having provided any evidence against your defence. Have they said how much or the method of payment or who this payment was made to ?

Need to ensure you haven't JUST filed a defence on stat barred grounds.

Also could you post the witness statement/exhibits from their application pls.

Have they actually provided documentation as they claim in their application ?

If you have trouble redacting and posting you can email me admin@legalbeagles.info

When you return the Directions Questionnaire is a good time to file a response to the application - you potentially will need to amend your defence which might entail making an application of your own but a response with the DQ might get your around that.

And please send a SAR to Lloyds - it may end up being very important - Subject Access Request Letter
here may well have been a 'payment' in 2013 from an internal adjustment or ppi / card protection refund or anything like that ( which wouldn't affect the statute barred clock ) and all Cabot have is a 'last payment date' from Lloyds on a screenshot - so think it does want investigating from your own end a little.


Basic help with the Direcions Questionnaire is https://legalbeagles.info/library/gu...questionnaire/

[Kellyjones42]

Hi , thanks again,

yes he first i heard was the letter letter I received and his cane direct from the court.

Back originally i just filed online online that the debt was statute barred and that I had had no contact etc I found a template of what to say Online but that was all I put I provided nothing else. They have said nothi. Of how much the payment was for or from what bank or any detail at all.

they also attached no evidence at all with the court papers I have recieved it literally seems to be that they have told the court they showed evidence to me .

The things thats scarring me the most is that I now have until the 30th to send the questionnaire back and I have no idea on what to fill in so I will read the link you sent and apply to Lloyd’s.

[Amethyst]

There is a date of the payment and amount? Can you get hold of your bank statement from that date and see if there was a payment made?

Your ONLY defence was that the debt is statute barred ? ( just checking ) Have you got a copy of the template you used at all ?

Complete the directions questionnaire - it's quite straightforward - but if you can do some pics of the rest of the stuff you received from the court and email it to me ( admin@legalbeagles.info ) we should be able to put something together against their application to go with the DQ to help with later directions from the local court.

[Amethyst]

Got them ta

and this is exactly the same as someone else's. https://legalbeagles.info/forums/for...ot-tesco/page2
- utter tosh

[Kellyjones42]

Hi , no they gave no specific details of a payment whatsoever no date just a year and no bank account Information.

I am am afraid that I have no record of what Template I used to be honest I was at a very bad stage mentally and just thought it would be the last of it at the time. Can I log back into the money claims service to try and find out what I put? that was my only defence that it was way out of the time frame and that I had had no meaningful contact with the original debtor or themselves for far longer than 6 years, i’d Never even so much as had a voicemail from them!!

I’ve emailed over what they sent to me, thankyou so much for your help I will fill out the questionnaire. They have said they want to do it without the need for a trial but I guess I still have to fill all that stuff in.

thanks

[Amethyst]

You might be able to log into MCOL - give it a try

[Amethyst]

Have they actually written to you in the last few months ? anything saying they were going to lift the stay etc ?

[Kellyjones42]

I have had no contact whatsoever from them about this saying they would be reapplying not a thing , It’s so frustrating I absolutley know there’s no payment and without any notice or indeed evidence they have done this ,

[Kellyjones42]

Also just tried MCOL and there’s nothing there

[Amethyst]

Just untrue then about informing you they were making the stay lift application.... Okay will get something together to go with the DQ. I don't think you want to apply to set aside the lifting the stay order, as really, this has hung about for 2 years and if Cabot want to get on with it that's their problem as they still haven't provided any evidence and the claim is still statute barred - so with it proceeding now you can defend properly. I suspect ( and I may just be very cynical ) they've put lots of these stay lift applications in so that DQs have to be sent to court during the Christmas Period.

[Kellyjones42]

Random thought which may or not be relevant but my bank account and the credit card where with Lloyd’s tsb the branch became a TSB in 2013 when the group split could that have anything to do with this?

[Kellyjones42]

It’s awful but on researching it it seems the time of year they do it!!!