Old Cabot/Mortimer clarke claim

[travelboi]

Hey,

i received a court claim from Cabot in January 2017 to which I submitted a defended - due to not supplying requested documents. I received no further communication from the courts or from Cabot/Mortimer Clarke .
Today, almost 3 years later I have received a letter off Mortimer Clarke saying that they are going to pursue the claim, along with a copy of the original HP agreement and a statement showing payments made, the last one being in July 2013.
They have also included notification of termination/default letters as requested.... none of which are on headed paper, just plain paper with no signature.

is the debt now statue barred? They have asked me to commit to a payment plan with a 15% discount of the original debt to prevent extra costs (I presume to them as they will have to pay court fee to re open?)

are they just trying it on? I have made no payments since July 2013 according to the statement they have provided.
Thanks

[travelboi]

Can anyone advise please?

[MasterCoder]

Was the claim stayed? You would have had a notice from the court if that was the case. If it was stayed, as I understand it the SB clock is stopped meaning they can continue with their claim.

[travelboi]

I have just spoken to court and they said the case was stayed in march 2017 & if they wish to continue with the case they would have to pay fee and explain as to why its taken so long etc. & a judge would rule to see if they can continue the claim.

I would then be sent a directions questionnaire if they do that and I could go into mediation with their solicitors, Mortimer Clarke.

so bacsically I could ignore the letter at this stage until I hear if they pay the fee to continue with claim and take it from there

[travelboi]

They have also put in letter that particulars of claim was a loan and they would need to change to HP agreement

[Amethyst]

Indeed, they will have to make an application to lift the stay and amend their particulars of claim, they'd probably also ask for summary judgment at the same time. It'll cost them a minimum of 255 application fee and likely hearing fees and costs of attendance etc. How much is the claim for approx?

Worth having a look at the documents they have sent you and the case / your defence etc to see what your position might be should they decide to proceed with an application.

Can you also post up their original particulars of claim. If the amendments change the entire claim then I reckon it could be deemed a new claim and arguable for the limitation act.

Alternatively if they have things sewn up then you could look at settling under a tomlin order at a reduced amount to save them having to apply to court ( you'd want a better discount than 15% though !)

[travelboi]

I am out at the moment but can attempt to upload what they sent me last week. I dont have a copy of the original particulars of claim I dont think

it was a hp agreement which was terminated for approx 3500. There are a few different figures if I recall[

[travelboi]

I cant seem to upload as the pics are too big and I dont know how to edit them smalle

[travelboi]

I have got the original particulars of claim:

By an agreement between BRITISH CREDIT TRUST & the defendant on or around 24/01/2007 (the agreeement) BRITISH CREDIT TRUST agreed to loan the defendant monies. The defendant did not pay the instalments as they fell due & the Agreement was terminated. The agreement was assigned to the claimant. The Claimaint therefore claims 3686.86

[Amethyst]

Slightly vague.

Any idea what happened with the goods ? ( was it a car ? was it returned / repossessed etc ? )

Feel free to email me the docs and I'll reduce them to get them on here xx admin@legalbeagles.info

[travelboi]

Amazing I have emailed them to you.

it was a car, it went to the scrap yard as

it broke down and wasnt worth repairing

[Amethyst]

Okay. Can you do the agreement, termination notice etc too... and do you have your defence you filed too?

Any idea how far through the agreement you were when the car was scrapped? Had discussion been had with BCT before that was done?

[travelboi]

I had paid about 6800 of the agreement before it was sold to Cabot. I had no discussion with Bct about the vehicle as they went bankrupt I believe/out of business. I cant remember exactly.

i know that approx 700 of the amount owed was just letter charges

[Amethyst]

Can you do pics of these docs

Thank you.

BCT had a few trading entities. Does the agreement specify exactly who it is with ( full ltd company name, address, company reg number ?)

https://register.fca.org.uk/shpo_sea...=3wq1nht7eg7tr
https://beta.companieshouse.gov.uk/s...h+credit+trust

Is there PPI / GAP etc in the agreement?

Some accounts were sold off in 2014 to Capquest - any idea if yours was one of those?

If the notice of assignment from BCT to Cabot ? or Capquest to Cabot ? or just from Cabot saying they bought the BCT debt ?

Otherwise...

Please note that on 30th May 2019, British Credit Trust Ltd was placed into Creditors Voluntary Liquidation and is therefore no longer trading.

[travelboi]

I have emailed you the pics of the above docs.
it was assigned to Cabot not capquest.
thankyou