Cabot/Mortimer Clarke court letter.

**Amethyst** · 16th April 2019, 08:08:AM

Acknowledge the claim with intent to defend today - https://legalbeagles.info/library/gu...ledge-a-claim/

Just to protect yourself from a default judgment xxx

Then have a look https://legalbeagles.info/library/gu...y-court-claim/

can you type of the particulars of claim please ...

and send a SAR to HSBC to get the transaction lists

HSBC will have sold the debt on despite you having been in an arrangement and once Cabot took it over your payment should've been moved over. As it's an informal arrangement and presumably after the credit card defaulted they can proceed with court action but let's send the letters off As per the first steps post I've linked you to above, and make them evidence Their case.

Did you receive a letter of claim with reply forms about a month ago at all?

**Redbeard19** · 16th April 2019, 10:30:AM

Thanks for the reply it's the first correspondence I've ever had from them and as far as I'm aware I've stuck religiously to the payment agreement and as for getting proof of this that will not be a problem.

I lost my job some years ago and I couldn't meet the minimum payments so I set up an agreement with HSBC to pay them weekly and I've always stuck to it.

The particulars of the claim are:

"By an agreement between HSBC card services & defendant on or around 10/02/1999 (the agreement) HSBC card services agrees to issue the defendant a credit card. The defendant failed to make minimum payments due & the agreement was terminated. The agreement was assigned to the claimant. The claiment therefore claims 2486.48 plus costs."

**Redbeard19** · 23rd April 2019, 07:31:AM

Just getting a bump on this.

So to be clear I have to fill in the pack that's included in the forms that arrived?

Would it be worth sending a request to Cabot for the agreement as I have no paperwork what so ever with account number on or any reference?

It's literally hit me out the blue and the worry is it was dated the start of the month and only recieving it a few days ago is leaving me little time to defend I've never had to do this before.

I don't earn much money, I live in a rented house, i don't own my own car and i have no savings so even to make some offer of settlement isn't an option - I'm gutted because I have been paying this and I've ended up in this situation by default almost it just doesn't seem fair.

**Amethyst** · 23rd April 2019, 11:16:AM

Have you acknowledged the claim yet ? If not you must do that asap if you still can, there should be instructions on the bottom right of the claim form for doing it, with a password etc.

Then send the CCA request and CPR requests... here's those links again

First Steps
Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request

did you send the SAR to HSBC ? if not do that too... Subject Access Request Letter

**Redbeard19** · 23rd April 2019, 12:40:PM

Hi yes I did that online first thing this morning at it's been acknowledged and accepted by the looks of it.

I will get a look at those links and follow those accordingly, it's silly on my half really I should have sent the request for details a while back and especially when Cabot got involved, is there any way it could be stature barred given the time period?

**Amethyst** · 23rd April 2019, 13:41:PM

Great

Unfortunately you're not going to get to statute barred because of this

The thing is I've been paying HSBC ever since I defaulted and have made my payments through my bank weekly without a single payment missed, I had a phone call middle of last year from a representative about possibly making payments directly to them now but I said I would continue my arrangement with HSBC as that's who the card was with.

The clock only runs when you're not making payments.

**Redbeard19** · 23rd April 2019, 15:15:PM

Ok that makes sense kind of thought that was the case anyway to be honest.

Really would like to make an offer of payment but not really in a position to offer much as I don't want this looming over my head anyway would like to see it paid off.

**Redbeard19** · 23rd April 2019, 15:24:PM

With offers of payment, at some point HSBC obviously sold the debt on when that happened I have no idea as my payment terms were with HSBC not Cabot, I don't know when Cabot got involved.

Assuming they brought the debt for a very small percentage off HSBC if I could offer say a 10% final settlement figure would that entertain them or would they simply reject it?

**Amethyst** · 23rd April 2019, 15:45:PM

They probably bought it for 10% so likely lowest they'd go would be 30%... but now they have the claim in play it's unlikely they'd settle on a full and final for less than 70% - the alternative is offering installment payments out of court ( to avoid getting the CCJ ) but that's going to be the full amount split over 2/3 years which could be difficult to manage, and if it is, then it's more likely you'd be putting off the CCJ so it simply affects you for longer ( a CCJ stays on your record for 6 years, so if you start off well with instalments and then fail in say 2 years, you'd then have the CCJ applied and the six years would start from that point ).

See what they do paperwork wise first in response to your requests, but always worth working out your numbers to see what you could do if it came to trying to settle. If you defend then court is likely to be 4/5 months away so plenty of time to try figure something out/put something aside to try settle.

**Redbeard19** · 23rd April 2019, 16:05:PM

Thanks Amethyst that's good info, I might be able to get 30% odd together but how does it work if HSBC sold the debt but my agreement is with them and not Cabot?

How can they summon a claim against me if I haven't got an agreement with Cabot that's the bit that confuses me?

**Amethyst** · 24th April 2019, 06:40:AM

Your agreement was originally with HSBC but they are allowed to legally assign it to a third party, in this case Cabot. There will be a deed of assignment between hsbc and Cabot ( your debt and many others bought in bulk normally ) and Cabot should have sent you a notice of assignment when they took over the debt. They then became the creditor.

You ask for the notice of assignment and default notice in your cpr request.

**Redbeard19** · 30th April 2019, 16:30:PM

Well I have an update today and a CCJ has been issued against me.

I've spoken with HSBC who confirm I have not missed a payment and that the S.O is still live and money is still being transferred weekly - but heresh the thing.

HSBC haven't corresponded with me on passing the debt on and telling me who with, on a phone call they acknowledged that, they also cant tell me where my money is and where it's been going for the last 12 months as they have not been paying Cabot.

But speaking with Mortimer Clark they have won judgement against me and I have a month to pay the balance off otherwise it stays on for 6 years so basically I'm landed this through no fault of my own and their stance is firm on that.

It seems mightily unfair is there an appeal I can make at all to the courts even? I have proof of payments and HSBC even admit their at fault so what can I do?

**Amethyst** · 30th April 2019, 20:47:PM

How have they got judgment ? Did you get confirmation of the acknowledgment of service or were you too late ?

Originally posted by Redbeard19 View Post

Hi yes I did that online first thing this morning at it's been acknowledged and accepted by the looks of it.

You sent the requests for info off ? ( cca / cpr etc )

Have you asked HSBC for a list of transactions or made a Subject Access request ?

**Redbeard19** · 30th April 2019, 22:18:PM

I completed it online as per I've had no email to say it's been rejected of accepted though?

I sent the requests off I've asked HSBC for copies of transactions but not asked them for a SAR, I need to ring again tomorrow but it's a worry they don't know where my 12 months worth of monies has gone and it's wrong that I'm in this situation.

Mortimers are saying they've won judgement but I've had no letters email or any confirmation of the sort to say otherwise.

Cabot/Mortimer Clarke court letter.