Mortimer Clarke / Cabot Financial (UK) Limited - New Court Claim

[Donel361]

Hi,

I've received a new claim from Mortimer Clarke solicitors on behalf of Cabot issued 24 April 2019. They are claiming approximately 500 including fee and court costs.

The particulars of claim read:

"By an agreement between New Day Ltd Re Marbles & the Defendant on or around (2016 - I haven't included the full date) ("the agreement") New Day Ltd Re Marbles agreed to use the defendant with a credit card. The defendant failed to make the minimum payments due & the agreement was terminated. The agreement was signed to the claimant. The claimant therefore claims "

I have acknowledged the claim online and sent letters to the relevant parties using the guide and templates on here.

I will record my progress here in the hope it helps others who find themselves in a similar situation.

[Amethyst]

Sounds like you are on top of things - do you know if the account defaulted ( for non payment etc ) or was actually terminated ?

[Donel361]

Sounds like you are on top of things - do you know if the account defaulted ( for non payment etc ) or was actually terminated ?

Hi, I honestly don't know Amethyst. I'll see what they come back with.

[Donel361]

I've checked my credit report and there is a default on the file for Cabot Credit Management Group Limiteddated

21/09/2018.

[Donel361]

[Amethyst]

That would be incredibly quick to have got to a court claim if the account only defaulted in September last year. Does a date of default show on the credit file ? I suspect that was earlier and September is when Cabot purchased the debt ( and started reporting to the Cra's) - their particulars don't give an assignment date.

Did your letters include a subject access request to New Day ? If not I'd do one of those too.

[Donel361]

Hi, yes it definitely says 2018 and the Cabot entry with the same date they claim the account started.

[Amethyst]

Blimey well they haven't hung about if that's true - do you recall getting any default notice / notice of assignment - or remember when you stopped payments ? It should come up in the documents you've requested in any case. As it was only opened in 2016 it is likely they will be able to comply with the cca request ( at some point ) so anything else you can use to draw doubt could help.

[Donel361]

I've not received any correspondence from New Day or Cabot and just an email from Mortimer Clarke asking me to confirm my personal details. They were sent the letters on 3 May 2019 so I have submitted my defence to the court. I don't want to miss the deadline.

[Donel361]

Received today.

[Donel361]

I've been abroad for 6 and haven't had one letter on this matter during this time. I contacted the court and got the following reply.

Good Afternoon

Thank you for your email

I can confirm that this case is currently stayed, due to no response to your defence from the claimant within the permitted time scale.

The claimant would now have to make an application to lift the stay to proceed with this claim.

I hope this assists you with your query, but should you require any further assistance, please do not hesitate to contact us.

Regards

Sarah Shorter

CCBC/MCOL

Address:

County Court Business Centre

St Katharines House

21 27 St Katharines Street

Northampton

NN1 2LH

[Donel361]

6 weeks

[Amethyst]

You can either wait and see if they apply to lift the stay once they find the documents ( they have successfully lifted stays after 4 years so it could drag on for a while - normally things that get stayed get lifted around 6-9 months later ) or you could apply to strike out the claim if they don't produce documents and proceed with the case within 14 days etc. They haven't plead default so you could use that in your application to strike. Really depends if you want to get it sorted or leave it to 'fate'. Or you could, if you wanted to, use the situation to negotiate a full and final settlement to get rid of it once and for all.

[Donel361]

Some good news this morning. They have decided to discontinue the proceedings.
Will they now have to delete the entry from my credit file?

[Donel361]