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Judgement stayed, now it starts again - Cabot/Mortimer Clark

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  • Judgement stayed, now it starts again - Cabot/Mortimer Clark

    As stated, my CCJ was set aside for 6 months on Mar 12, thanks to all the help from the guys on here. Since then I have had no correspondence from Cabot other than a letter refusing to honour the CCA I requested. However, I received a letter from Mortimer Clarke dated 06/06/19 stating:

    "It has come to our clients attention that the Particulars of Claim refer the original creditor being "CO". However, the full name of the original creditor is "Co-Operative Bank".

    Please can you confirm if you intend to take any issue with this error contained within the Particulars of Claim within the next 28 days.

    If we do not hear from you within the next 28 days of this letter, we shall assume you do not intend to raise any objection to the Particulars of Claim and our instructions are to write to court to request Judgement against you.

    We look forward to hearing from you."

    But, I have had no Particulars of Claim from Cabot in fact I have had no correspondence at all. Do I reply to this letter? If so how? Is this designed to trick me into acknowledging that I owe the debt as my original defence was that the debt was statute barred and that I had seen no evidence from Cabot, including the refusal to supply me the requested CCA.
    The judgement was set aside because I had no knowledge that the judgement had been levelled against me.

    Thanks in advance...

    jay
    Tags: None

  • #2
    Originally posted by Jasonm1970 View Post
    As stated, my CCJ was set aside for 6 months on Mar 12, thanks to all the help from the guys on here. Since then I have had no correspondence from Cabot other than a letter refusing to honour the CCA I requested. However, I received a letter from Mortimer Clarke dated 06/06/19 stating:

    "It has come to our clients attention that the Particulars of Claim refer the original creditor being "CO". However, the full name of the original creditor is "Co-Operative Bank".

    Please can you confirm if you intend to take any issue with this error contained within the Particulars of Claim within the next 28 days.
    If it were me, I'd take issue.

    If we do not hear from you within the next 28 days of this letter, we shall assume you do not intend to raise any objection to the Particulars of Claim and our instructions are to write to court to request Judgement against you.

    We look forward to hearing from you."

    But, I have had no Particulars of Claim from Cabot in fact I have had no correspondence at all. Do I reply to this letter? If so how? Is this designed to trick me into acknowledging that I owe the debt as my original defence was that the debt was statute barred and that I had seen no evidence from Cabot, including the refusal to supply me the requested CCA.
    The judgement was set aside because I had no knowledge that the judgement had been levelled against me.

    Thanks in advance...

    jay
    Previous thread
    https://legalbeagles.info/forums/for...et-aside-cabot

    Amethyst

    R0b
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    • #3
      Thanks for the reply Amethyst..

      If it were me, I'd take issue.

      Even if you had never seen the particulars?


      I have received nothing from Cabot, including any Particulars of Claim. How would I word a letter taking issue with something I've never seen (and therefore cannot use as evidence)?

      many Thanks

      Jay
      Last edited by Jasonm1970; 26th June 2019, 06:41:AM.

      Comment


      • #4
        Posted on your main thread - keep the same issues to one thread otherwise it gets confusing.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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        Comment


        • #5
          Originally posted by Jasonm1970 View Post
          Thanks for the reply Amethyst..

          If it were me, I'd take issue.

          Even if you had never seen the particulars?


          I have received nothing from Cabot, including any Particulars of Claim. How would I word a letter taking issue with something I've never seen (and therefore cannot use as evidence)?

          many Thanks

          Jay
          I've posted on other thread as well.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Closed this thread xx
            #staysafestayhome

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