CCj Claim from Mortimer for Cabot No letters received How I stop this !

[seaweed99]

I have today received a CCJ claim from Cabot for a debt 7 years old which I had a default forin 2012 its £5k I was paying through stepchange up to April last year when I asked for the transfer papers and disagreed with a default date on another default. All cabot accounts were suspended and apart from a few calls (unanswered) I have had no letters from them at all. This year my credit file is finally free of all defaults Iand rebuilding I cannot have a CCJ for six years. I cannot afford to pay the debt in full Is there anyway this can be stopped??? I rung today and they stated a payment plan wont stop the CCJ Can it be cancelled by cabot. Please help Im desperate any advice is appreciated. I have asked for a CCA twice last year and never got it

[Amethyst]

Could you type out the Particulars of Claim please then we can see what the debt is and what you need to send to them.

The debt won't be statute barred as you were making payments until last April.

So your options are to Defend the claim ( they currently are in default of the CCA request - are there any other issues with the debt? )

or to try and make an out of court settlement - either full and final ( possibly a discounted amount for a one off payment of around 70% of the debt ) OR an increased installment amount - to hold the court action it would likely need to be enough of an installment offer to pay the debt over 24 months ( so over £200 a month ). Your circumstances may not allow this and it would need to show as viable on your income and expenditure sheets. What kind of payment plan offer did you make them when you rang them ?

What would the consequences be for you ( other than annoyance and frustration ) of having a CCJ awarded against you ?

Have you acknowledged the claim online ( intend to defend in full ) ?

Any idea when you first opened the credit card account ?

[seaweed99]

Particulars
By an agreement between Lloyds and defendant on or around 3/6/2008 was issued a credit card The defendant failed to make minimum payments and the agreement was terminated. the agreement was assigned to claimant.

No other issues with debt they suspended paymetns in April regarding another debt with them but never set the CCA for any of the debts. I proposed a payment plan in September but never heard back and as the debt defaulted in 2012 I assumed it remained suspended. I offered £15 per month which is what I was paying through step change. I have not received any mail from Mortimer Clarke but found an email in my junk folder yesterday from them dated 30/11 asking for a payment plan.

I cannot afford to pay debt in a lump sum of any sort.

I finally coming out of the tunnel and need to remortgage my home as I am in an awfu deal. Having a CCJ for another 6 years which kill my credit history. I have a CCJ which drops off in September. And no defaults they have all dropped off. Been wiped due to no CCA or been paid.

I acknoeldege the claim yersday online.

The credit card account was opened in 2008.

I a so annoyed if I had a letter I would have continued to pay £15 per month.

Do I have any chance of squashing this CCJ. I spoke to them this morning and they said I could have apayment plan but will still get the CCJ and the best thing to do is defend claim.

Any advice grateful

[seaweed99]

I have also posted letters this morning for CCA to Cabot and Mortimer and CPR

[Amethyst]

Particulars
By an agreement between Lloyds and defendant on or around 3/6/2008 was issued a credit card The defendant failed to make minimum payments and the agreement was terminated. the agreement was assigned to claimant.

No other issues with debt they suspended paymetns in April regarding another debt with them but never set the CCA for any of the debts. I proposed a payment plan in September but never heard back and as the debt defaulted in 2012 I assumed it remained suspended. I offered £15 per month which is what I was paying through step change. I have not received any mail from Mortimer Clarke but found an email in my junk folder yesterday from them dated 30/11 asking for a payment plan.

I cannot afford to pay debt in a lump sum of any sort.

I finally coming out of the tunnel and need to remortgage my home as I am in an awfu deal. Having a CCJ for another 6 years which kill my credit history. I have a CCJ which drops off in September. And no defaults they have all dropped off. Been wiped due to no CCA or been paid.

I acknoeldege the claim yersday online.

The credit card account was opened in 2008.

I a so annoyed if I had a letter I would have continued to pay £15 per month.

Do I have any chance of squashing this CCJ. I spoke to them this morning and they said I could have apayment plan but will still get the CCJ and the best thing to do is defend claim.

Any advice grateful

What happened with Stepchange ?

You'd not received any 'Letter of Claim' before the court papers arrived ? or was that September when you made the £15 payment plan offer?

You've acknowledged the claim, so now you do need to send the CCA request and the CPR request. CPR you should ask for the agreement, notice of assignment and termination/default notice. Also add in a request for a breakdown of the amount claimed. CCA Request
CPR 31.14 Request

Also send a SAR to Lloyds Credit Card dept. You never know if it will bring up anything useful. Subject Access Request Letter

Any PPI lurking unclaimed anywhere ?

Realistically, if you can't settle and defend the case to stall things, even up to the hearing, you probably have 6 months before the CCJ is applied, although if they can't get the agreement off of Lloyds, it could be stalled for long enough for you to get remortgaged after September.

[seaweed99]

Beacuse payments were suspended by Cabot My step change account ceased. I honestly believed that was the end of it . I Spoke to cabot on phone in September regarding new plan and the issue around the default date on the other account and they said I would bee advised in writing. I did not hear anything and assumed that was it. I did have a few calls which I didnt answer and two texts but they were in relation to the other debt which was £109. The first I have heard about court etc on this debt was the CCJ Claim form.

If they settled for 30% £1500 i may be able to get that but not within 28days !

What if they cant find the agreement will then cancel CCJ? Lloyds never issued a default is was Cabot when they Bought it

Do I send a defence in within 28days regardless of paperwork being received. Can not receiving the a warning Letter be a defence ??? and that I was happy to enterinto a payment agreement ?

This seems so unfair I have paid it for 6yrs only stopped cause they suspended payments. I had four other debts that were wiped when I asked for CCA and assummed this happened to this one.

Another CCJ for six years will be soul destroying to me.

So thankful for your help.

[Amethyst]

Did they give you a reason why they had suspended payments ? This certainly seems unfair, they could have approached about increasing payments. Have Stepchange given you any explanation at all ? Might be worth doing a SAR to both Cabot and Stepchange to find out exactly what happened - possibly later make a complaint - but the information might help with your defence.

Certainly send the CPR and CCA letters asap. And the SAR to Lloyds. Thankfully a SAR is free now ( used to be £10 ) so sending 3 is just the extra stamps really and be ready for a flood of paperwork to trawl through lol.

If nothing arrives then the standard example defence (Example Defence ) is a good starting point and we can work on that as we get letters sent off and see what responses you get.

If they can't find the agreement then they wouldn't be able to obtain the CCJ against you, if you defended on that basis, but tbh for a 2008 opened credit card that is unlikely. But certainly worth arguing and going through the court process to give you time to gather more information see if you can sort out some kind of a settlement before it got to a hearing ( probably 6-8 months away )

[seaweed99]

They suspended payments following my request for agreements (CCA) and copies, it was in realtion to a default date being registered a year later than the actual default on another account. To be honest they replied in September and lied about letters and calls hence the default a year later even though I never missed a payment through step change. I sent a reply by email and never got a response, hence thinking it was wiped. Stepchange told me to get back in touch with them when I receive a reply to restart my plan which I didnt due to no contact.

They never supplied the CCA I asked for in April on this account.

If before a hearing I was in a position to make an offer they accepted would is then disappear?. This might be possible if they accepted 30 to 40%. As I may have some money in a few months time.

If I defend this claim would I have to pay ?

Would the CCJ date start from 6mths time if i lose ? Sorry for questions Im just so upset by it all

[Amethyst]

That's understandable, really don't worry ask as much as you like.

Okay what will happen, basically, and if it goes to a hearing....

- Receive the claim - you have 14 days to acknowledge the claim ( done )

- You then have 28 days from when you received the claim to enter a defence ( 33 days from the issue date printed on the form )

- You send the CCA and CPR requests, and SAR if needed to gather info.
If you don't get replies you'd enter the example defence to the court near the deadline for filing the defence.

- Then the claimant has 28 days to come back to the court to tell them if they wish to proceed. If they haven't found the agreement by then they often they let the case go to a 'stay' ( put on hold ) in the court until they find it.

- If they do want to proceed they tell the court and the court sends out directions questionnaires which you have 7-14 days to complete and return.

- The court then sends the files over to your local court.

- Then there may be a mediation appointment ( three way phone call to possibly negotiate settlement if they have given you the documents )

- A month or so later you receive directions, and possibly a hearing date from the court for a date in about 3/4 months time ( so about 6/7 months from now most likely )

- Then you exchange witness statements and documents relevant to the case. The claimant pays a hearing fee about 3 weeks before the hearing date.

- Then, if you get this far, you attend a hearing - if you win, yeyy, if you lose, then you have 28 days to pay the judgment amount in full to avoid a CCJ being registered against you - so possibly gives you 8 months before you'd HAVE to settle to avoid the CCJ.


But there's so many bits in between all that where you could settle or they could withdraw from the case.

They will have to produce an agreement ( or reconstruction of the agreement ) to be able to get a judgment so the CCA requests are important.

CPR and SAR letters are to find out if there are other issues you can use to defend the case, or use to strengthen your negotiating position by the time it comes to Mediation.


Your priority is avoiding the CCJ. They won't settle for installments at the rate you were paying through Stepchange. They are currently insisting on securing the debt with a judgment. It is early days and their position could change. Your circumstances can change so you could offer a higher amount.

Have you redone your IE sheet recently at all to see what the max affordable ( pro-rata) amount you could afford now in installments would be ? and potentially what it could be if they did hold off and let you get your remortgage, what additional funds would that release each month etc ?

Basically I'm saying follow the court process through while in the background be sorting out something to settle with if it came to it.

[Amethyst]

Hmmm reading that back not sure it's that helpful..... just meant to give you a bit of an overview of the process xxx

[seaweed99]

Thanks so much for this.

Just posted the letters all recorded. To be honest my disposbale income is not great. Im hoping that this process will buy me some time and I may be in a position to offer £1500/£1700 as a settlement (I have a saving plan maturing in May/Jun this year). which would basically have taken 10 plus years on my payment plan to pay off. Im hoping they will accept if they cant find the agreement. If they enter a stay can they accept a final offer from me then ?

Monthly my max budget woul be £30 and that would be a struggle, but I would rather struggle then have a CCJ for 6 years.

Do you think they may accept a final settlement ?

I will come back to you when I receive some letters. This help has been great. Fingers crossed.

[seaweed99]

Advice needed. I have just receved the CCA request bac statibg the following:

Unfortunatley it appears that Lloyds are unable to provide the requested documetnation at this time. If at any stage the documents become available we will forward these to you and your account will become enforcebale once more if received within the relevant limitation period.

In addition I can confirm due to the time lapse this entry should no longer appear on your credit file.

I enclose the £1 payment

Although your account is currently enforceable, the balance remains payable and due.

Does this mean that the CCJ is not enforceableand that I may get it cancelled ? will it show that on moneyline if they put it on hold would I still have to send in a defence.

Not sure where I stand with the CCJ now advice needed What would a defence be for this. Id this good they cant find it

[seaweed99]

Please ignore my spelling no glasses on !

[seaweed99]

Advice needed. I have just receved the CCA request bac statibg the following:

Unfortunatley it appears that Lloyds are unable to provide the requested documetnation at this time. If at any stage the documents become available we will forward these to you and your account will become enforcebale once more if received within the relevant limitation period.

In addition I can confirm due to the time lapse this entry should no longer appear on your credit file.

I enclose the £1 payment

Although your account is currently enforceable, the balance remains payable and due.

Does this mean that the CCJ is not enforceableand that I may get it cancelled ? will it show that on moneyline if they put it on hold would I still have to send in a defence.

Not sure where I stand with the CCJ now advice needed What would a defence be for this. Id this good they cant find it

[Amethyst]

Although your account is currently enforceable, the balance remains payable and due.

Presumably that word is meant to be unenforceable ?

Anyway, that's good but as they say, it may be a temporary position and they may locate the agreement further down the line.

You should still submit a defence, in the defence you can quote from this letter and ask the court to consider striking the claim out as no prospect of success...if the court decline then the claim is likely to be stayed indefinitely, until such time as the agreement is located/reconstructed accordingly.

We can amend the example defence... have you heard back from anyone on the CPR request and SAR at all ?

Your defence is due before 10th Feb I think?

If you didn't submit a defence then the Claimant may well ask for a default judgment, so it really is best to do so.