County Court Claim - Cabot Financial / Mortimer Clarke Solicitors

[Jellard86]

Hi Everyone.

New to the group, I have received a Court Claim Form from Mortimer Clarke Solicitors with impending CCJ enforcement. I accept the debt now I know who this is regarding as it wasn't made clear on the letters previously from Mortimer Clarke and I 'wrongly' assumed this was a company chasing me for outdated debt. I tried calling them on the day I received this claim and explain the above but to be honest the lad didn't sound as though he had worked there long and almost as if someone was speaking for him in the background. I offered to pay £300 per month starting from my April salary but was told that, this was not an option and that I had to send the claim form back to the court and a CCJ would be filed.

It wasn't until after the call when I read the form properly and if I did the above then yes it would result in a definite CCJ but the letter states:

"If you agree with the claim and are asking for more time to pay - complete the admission form and send it direct to the CLAIMANT (Not the court as Mortimer had said...more then once!). Do not send a copy to the court. Entering an admission MAY result in judgement being entered against you"

My question is what can I do from here? I have completed the admission form and have it ready to send to the CLAIMANT Cabot Financial recorded delivery today. My 14 day deadline date is 8/04/2019 if I am right in that the issue date was 21 March 2019 and the clock starts 5 days from this date?

Any help would be appreciated,

Thanks
J

[Amethyst]

If you complete the admission form with an offer to pay then yes, you will have a CCJ against you.

I'd stick with the process, make Cabot evidence the debt, and then negotiate for an out of court settlement without a CCJ being applied against you.

Now, this form you have ( as you've said impending CCJ enforcement and that you received it from mortimer clarke not the northampton ccbc ) - does it look like this ?


Useful links... First Steps
Check dates - your defence will be due by Tuesday, 23 April 2019

if you Acknowledge the Claim with intent to defend in full now ( well, within 14 days of receipt )

then send - CCA Request to Cabot
CPR 31.14 Request to Mortimer Clarke
Subject Access Request Letter to the original lender

[Jellard86]

Yes although top right it says County Court Business Centre, my stamp is different to yours and is a copy version (i.e. not a wet original stamp).

Should I issue a CCA letter then? If so, whom do I send that to?

Thank you

[Amethyst]

lol, yes court is getting cheap.... most claim forms now are white paper crap copied forms... and the stamp is NEVER 'wet' ink.

Thus...



Can you fill this info out pls then xxx ( if you 'reply with quote' then write next to the questions that'd be cool )

Received a claim? Yes/No: YES

Issue Date: 21 MARCH 2019

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:

[Amethyst]

Then do this - https://legalbeagles.info/library/gu...ledge-a-claim/

[Jellard86]

lol, yes court is getting cheap.... most claim forms now are white paper crap copied forms... and the stamp is NEVER 'wet' ink.

Thus...

Can you fill this info out pls then ( if you 'reply with quote' then write next to the questions that'd be cool )
Received a claim? Yes/No: YES

Issue Date: 21 MARCH 2019

Have you Acknowledged the Claim?: No as I don't intend to defend the claim, I agree to pay the full amount (in installments)

Total Amount Claimed : £2000

Claimant’s Name:Cabot Financial (UK) Limited

Solicitors Firm: Mortimer Clarke Solicitors Ltd

Original Creditor: Newday Ltd Re Aqua

Original Debt [I](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 Newday Ltd re Aqua & the Defendant on or around 31/10/2014 ('the Agreement') Newday Ltd Re Aqua 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 £****.** Costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Yes I was paying monthly up until the point of my partner losing his job and we were only my wage for a year

List any letters you have sent (eg: CCA/ CPR ): None to date

Any Other Information or Background Details:[/LEFT] None

[/QUOTE]

[Jellard86]

Today, 13:55:PM
Then do this - https://legalbeagles.info/library/gu...ledge-a-claim/

Amethyst - so I should do the AOS even if intend to pay the debit?

Thank you very much for your help by the way and so quickly

[Jellard86]

AOS logged: "Thank you. You have successfully submitted your Acknowledgment of Service (AOS) form to the court."

"A claim was issued against you on 21/03/2019

Your acknowledgment of service was submitted on 27/03/2019 at 14:24:05"

[Amethyst]

Yes - it isn't binding and simply gets you the extra time to find out about the debt and, if applicable, negotiate settlement. Often the best time to negotiate settlement out of court is after you have asked for all the documents, they fail to provide them and you've entered your defence. Then you can try to negotiate either a reduced full and final settlement ( directly with Cabot ) or ask for a Tomlin Order for installments.

There is simply no benefit in admitting and offering to pay by installments now - you definately receive a CCJ against you which stays on your file and the register for 6 years. A Tomlin Order keeps the claim on hold in the court system as long as you keep up the payments .... there is the risk that if you don't keep up the payments after a couple years they can just go back and get judgment then, which would mean it would be on the register/credit file for 6 years from that date - so extending the pain - but if you ensure the payments are affordable ( and you offered £300 a month on a £2k claim ?? and they turned it down??? doofus's, the court would be more likely to order £50 a month so they're shooting themselves in the foot refusing your offer )


So this is an Aqua card from 2014. Likely to have been an online application so they shouldn't have a huge problem providing the documents - but then, you'd be suprised how pants they are sometimes.

They don't actually state when the account defaulted - presumably it's still on your credit file as defaulted?

Who were you making the monthly payments to ? Was that before or after it defaulted ?

So CCA request direct to Cabot.

CPR 31.14 asking for Agreement and Terms, Notice of Assignment and Default/Termination Notice. They aren't all mentioned but you aren't going to be applying to enforce and it's good to show that you have asked for them.

SAR to Newday.

Acknowledge with intent to defend and then see where things are in 2/3 weeks time with regards replies to any of the letters before deciding whether to defend with a view to negotiating out of court settlement later, or even plugging on with defending... or to revert back to an offer and admission.

May as well get them to do some work before you give them your hard earned xxxx

[Amethyst]

AOS logged: "Thank you. You have successfully submitted your Acknowledgment of Service (AOS) form to the court."

"A claim was issued against you on 21/03/2019

Your acknowledgment of service was submitted on 27/03/2019 at 14:24:05"

Perfect xx

Have a mooch about some of the other threads in the Cabot or Court forums to see how things tend to work - if you search on Aqua you should find a few relevant threads https://legalbeagles.info/forums/for...ims-and-issues

[Jellard86]

Thank you - this is site and its members are amazing!

I will get on with the above over the next couple of days.

I was reading, that I should have received a Letter before Action - which I don't recall getting. This is apparently a new thing, do you know much about that?

[Jellard86]

Sorry, another question: I am completing the CCA form, who's Name and Address am I including in the Creditor's Name and Address field? Newday or Cabot Financial? Thank you

[Amethyst]

This bit?

DATE

Creditor Name
Creditor Address
Creditor Address
Creditor Postcode

Dear Sir/Madam

Cabot ( they have been assigned the debt therefore become the 'creditor' for CCA purposes - plus they are the 'claimant' in the case )

[Jellard86]

Perfect, thank you. I have drafted a letter which I will send tomorrow when I have my cheque book with me.

In answer to your question above:

They don't actually state when the account defaulted - presumably it's still on your credit file as defaulted? - Yes

Who were you making the monthly payments to ? Was that before or after it defaulted ? - I was making the monthly payments direct to Aqua before it defaulted on time each month up until around a year ago.

SAR to Newday - Where do I find a SAR?

[Amethyst]

SAR = Subject Access Request Letter

The transaction lists and screen notes from the SAR should show up the default/termination details.