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Cabot / mortimer clarke theretaning to reopen a court case

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  • Cabot / mortimer clarke theretaning to reopen a court case

    Hi All I did post about this before finding this thread*
    long story short my partner & I lost our jobs just before our wedding in 2012*
    we continued to make payments till December on our credits cards till we ran out of savings*

    fast forward to 2018 & I start getting letters about a dept. I though I had payed off over the last 5 years or so (we payed everyone else off over this time)
    I ignored the letters after a quick google saying the company are scammers EG: Cabot finance*

    I get a court letter in August 2018 re this debt I reply saying its status bared & they had 6 years to contact me (I thought I had last paid them in August 2012)*

    in May 2019 my Husband died suddenly after a long illness after a few months I pay off all my debts with my inheritance
    *
    now December 2019 I get a letter from Mortimer clart saying they have evidence of my last payment of 03/06/2013 and that because I applied for a new credit card with Vanquish in 2018 I acknowledged this debt from 2012 & they will take me back to court if I don't pay*

    I reply asking for evidence of this payment as its not a payment its a charge on the credit card of 0.49p from EVANQUIS

    Saturday I got a letter*
    not acknowledging my last letter*at all saying that if I don't pay they will lift the stay on the proceedings and request a judgment*

    Now Today I spoke to the court they said the case is Stayed as MC didn't reply within the 28 days (Back in September 2018)
    & they can apply to reopen the case or I can apply to close it*

    I have found a letter from MC dated 11-09-2018 that they have evidence that my last payment was on the 03-12-12 and there for not statute barred*
    this was within the 28 days &*
    they didn't proceed*


    So my big question now is can I apply to close the case on the evidence that MC had the evidence within the 28 days & chose not to proceed*
    & that they are now harassing me threatening me with court action again*on lies (eg the 49p payment & 2018 card application)*

    I can afford to pay MC but I do not like they way they have been practising & don't want them to get a pay out for this behaivour*

    Thanks*

    *
    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
Statute Barred Letter



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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