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Mortimer Clark/ Cabot court claim

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  • Mortimer Clark/ Cabot court claim

    Well here goes. Any advice welcome particularly regarding next steps/ entering a defence:

    Received a claim? Yes
    Issue Date: 27th June 2019
    Have you Acknowledged the Claim?: Yes
    Total Amount Claimed : £5000
    Claimant’s Name: Cabot Financial
    Solicitors Firm: Mortimer Clark
    Original Creditor: Halifax
    Original Debt (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 Halifax & the defendant on or around 2003 ('the agreement') Halifax 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 claim £5000 2. Costs
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
    List any letters you have sent (eg: CCA/ CPR ): CCA sent to Cabot 05/07/19, CPR sent to Mortimer Clark 05/07/19 and SAR to Halifax on 05/07/19. Response from Mortimer Clark to say they have passed this on to Cabot for response.
    Any Other Information or Background Details: We had sought advise from Compass Debt Advisors who we were paying a monthly amount to and they were paying minimum amounts to our creditors and saving the remainder to build up until a time when a lump sum could be paid off to our creditor. The last payment made on this account was January 2016 at which point Compass went into administration taking our money with them.

    Any advice on next steps. I've not received any more correspondence and plan to enter my defence on Monday 22nd July as will be away for 2 weeks after this time.

    Thanks all
    Tags: None

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SHORTCUTS

Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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If your case is over �10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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