Cabot/Marlin/Mortimer Clarke

[Tracie1771]

i have been plagued by Cabot for some time and despite repeatedly asking for a copy of the agreement or handover from HSBC/First Direct re this alleged debt they have sent nothing. This has been going on for years but doesn't qualify under the 6 year no contact rule so it must now be addressed. They have now issued a court judgement form from the Business Centre. My real bug bear is that they seem to have taken 2 separate debts ie an overdraft and a credit card, and combined them but are claiming it to be wholly overdraft (approx £1400) and i have never in my life had such a large overdraft. So, long and short is i need to defend and see how i go. I am currently umemployed and so have no way of making any significant payment, even if i agreed. I am acknowledging the service today and that i intend to refute the claim.

[Amethyst]

Great, get that acknowledgement of service in

Send a CCA request to CABOT CCA Request

A CPR 31.14 request to Mortimer Clarke ( they are using MC as solicitors for the claim?) CPR 31.14 Request


And get a SAR to HSBC/First Direct - Subject Access Request Letter

to get the info from them to show it's not ALL an overdraft and the credit agreement for the credit element IS required.

[Tracie1771]

Many thanks.

I have acknowledged the service so will get on with the other requests right now.

[Tracie1771]

what date should i put for filing my defence?

[Amethyst]

33 days from the date of issue printed on the claim form xxx

[Tracie1771]

I have now had a response from Mortimer Clarke saying they thought i had been sent documents previously "We believe that you may have already 'inspected' the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor". That to me, is completely meaningless and irrelevant, even if it were true. They have asked me to confirm what documents i have in my possession or control relating to this matter to avoid duplication etc etc.

My thoughts are to respond saying that I have no documents and have never been sent any (to my knowledge - they may have been sent to an old address??).

They are also saying the debt relates to an overdraft of a current account and as such there is no written agreement but they have requested a copy of the overdraft facility letter. I look forward to seeing that as i know i've never had such a large overdraft.

What do you think? Should i respond as above and ask again for all the documents? Sounds to me as though they have nothing.

[MIKE770]

The usual response letter, up to them now

[Amethyst]

Have you heard anything from HSBC on your SAR?

[Tracie1771]

No, the only thing i've had back so far is the letter from Mortimer Clarke. So, are you advising that i don't need to go back to them again?

[Amethyst]

You don't need to, no, but if you wanted to you could go back and say that you don't have any documents relating to the alleged account hence requesting details from them....you could mention in there that you have sent a SAR to HSBC and await a response. You could also reiterate your request ( that's in your CPR 31.14 request) for their consent to an extension of time to give them time to send you the documents.

[Tracie1771]

I've now had another letter from Cabot this time it included a very bad photocopy of my agreement with First Direct for my current account. It also included a list of payments over a year but this is on Cabot letterhead. They include nothing that directly relates to, or otherwise shows, the debt they are claiming. What do you suggest i do now? Do i have to submit? In their cover letter they say that they consider the agreement to now be enforceable and that they are entitled to seek a CCJ against me however they would rather come to an agreement and so i should contact MC.

[Amethyst]

When you say payments made, is this just payments made to Cabot, or to First Direct, and does it show at all how the debt is made up?

Could probably go back to them, thanking them for the document but say it doesn't clarify at all how the debt has arisen - do you have any record at all of how much your overdraft limit was at the time you held the account ? Anything at all back from HSBC/FD as yet from the SAR ?

You have a week or so left before your defence wants filing I think?

[Tracie1771]

The claim was registered on 7th March.

the list of payments is just typed onto Cabot paper with the Vendor given as HSBC but anyone could do that. tthe payments themselves just show as Direct Debit and the amount alongside dates in 2014. There's nothing to show who they were sent to or made to except their headed paper.

I will go back to them again as they've really sent nothing at all but i think are expecting me to think these are a fait accompli. I've never denied having a current account with FD but my overdraft with them was never more than £500. Sadly i don't think i have anything as it was all done on-line and some years ago now.

What should i give as my defence though as i feel i ought to be doing that, don't want to miss a deadline although i can't see one on the MCOL site.

I do appreciate your help as a CCJ would make a lot of difference to my life and my business.

Thanks so much.

[Amethyst]

Tuesday, 9 April 2019 should be your deadline for defence.

Did you have a credit card or loan with HSBC that defaulted as well that you recall ? Anything at all showing on your credit file?
Nothing back from First Direct on the SAR either yet ?

[Tracie1771]

there's nothing from them on my credit file but it has been so long it could have come and gone.

I did have a credit card that may account for the remaining amount but they don't mention it in particular

Nothing received from FD/HSBC re the SAR.

Thanks again