Tweet
Hi
I would appreciate some help with my case please
I received a county court claim pack on the 19/10/2020 for a catalogue debt that I had been paying a £3.00 a month for since Cabot acquired the debt. I started these payments in may of 2017 and paid up until October 2020 this was stopped as i received a letter from Mortimer Clarke that my account was in hold after receipt of my defence (the usual requests for default notice etc) and that they had referred the matter back to the client awaiting instruction. That letter was dated 23/11/20
there was another letter that I recall but am unable to find right now from Cabot but I did not agree to an extension in anyway.
Today after 8 months Mortimer Clarke wrote to me.
They were able to supply a application provided by the original creditor
Statement of account (a photocopy with no signature from me that is not dated at all)
However due to current circumstances they were unable to provide hard copies of the documents
Notice of assignment
Standard financial statement
Client statement
Though If I provide a email address they would send this electronically.
They make a list of their clients position 1. It is our clients position the the particulars provide sufficient details to enable you to establish the subject matter of these proceedings.
by way of background we are instructed that this matter related to mail order with j d Williams ltd re simply be be bearing this agreement no ........ Entered into on 26/9/2013 and terminated on 15/12/2016
2. On 15/12/2016 the debt and the agreement was assigned to our client Cabot financial ltd by virtue of assignment our client has had assigned all rights and title to your debt and thus is entitled to collection of the same we enclose a further copy of the notice of assignment that was sent to the last known address at the time of assignment.
3. Due to the length of time passed since the default and termination of the agreement copies of the default notice or related documentation are unavailable however our client has been informed by the original creditor that these notices would have been sent to you at the time the agreement defaulted
The outstanding balance at the date that the agreement defaulted was 629.21 the debt was assigned to our client with an outstanding balance of 629.21 you were issued a default notice in accordance with section 88 consumer credit act 1974 by JD Williams ltd re simply be on 3/1/2018
The claimant has been informed by JD Williams that it no longer holds a copy of the default notice. JD Williams confirmed that there was no statutory obligation for an original creditor to retain copies of the default notice and neither JD Williams nor the claimant had any reason to make additional efforts to make copies of the default notice
4. Our client considers your request for documentation complete as above this documentation is available to be sent to you.
5. Our client acknowledges your request for a copy of the agreement as above this is available to be sent to you
6. Our client notices that after the accounts assignment you made numerous amounts payments towards the account between may 2017 and October 2020 you made regular payments of 3.00 per month pur client consider this as an acceptance of your liability in this matter and considers that you were well aware of our clients assignment .
Furthermore our client is of the position that it gave you ample opportunity to address this matter and request documentation prior to the issuing of a county court claim. Our client wrote to you on numerous occasions in an attempt to make contact regarding this matter before instructing this firm following which the letter before the claim was sent with no response being received
The balance of your account currently stands at 630.21 the balance includes any costs incurred as a result of attempting to recover the sum owed please see the enclosed statement which evidences how the balance accrued
The letter then ends by them saying they consider me fully liable and how to move forward I will need to set out a precise legal basis of any defence within 28 days if not they may instruct the county court to continue or they want to make an amicable agreement
Thing is I had no issues at continuing paying the monthly payment if 3.00 I never missed a payment they were the ones who decided to take it to court as I did not fill their income expenditure form I told them my circumstances were unchanged I continued to pay up until they put the account on hold
Will this still hold up in court ? Any help as to what to do next would be greatly appreciated
I would appreciate some help with my case please
I received a county court claim pack on the 19/10/2020 for a catalogue debt that I had been paying a £3.00 a month for since Cabot acquired the debt. I started these payments in may of 2017 and paid up until October 2020 this was stopped as i received a letter from Mortimer Clarke that my account was in hold after receipt of my defence (the usual requests for default notice etc) and that they had referred the matter back to the client awaiting instruction. That letter was dated 23/11/20
there was another letter that I recall but am unable to find right now from Cabot but I did not agree to an extension in anyway.
Today after 8 months Mortimer Clarke wrote to me.
They were able to supply a application provided by the original creditor
Statement of account (a photocopy with no signature from me that is not dated at all)
However due to current circumstances they were unable to provide hard copies of the documents
Notice of assignment
Standard financial statement
Client statement
Though If I provide a email address they would send this electronically.
They make a list of their clients position 1. It is our clients position the the particulars provide sufficient details to enable you to establish the subject matter of these proceedings.
by way of background we are instructed that this matter related to mail order with j d Williams ltd re simply be be bearing this agreement no ........ Entered into on 26/9/2013 and terminated on 15/12/2016
2. On 15/12/2016 the debt and the agreement was assigned to our client Cabot financial ltd by virtue of assignment our client has had assigned all rights and title to your debt and thus is entitled to collection of the same we enclose a further copy of the notice of assignment that was sent to the last known address at the time of assignment.
3. Due to the length of time passed since the default and termination of the agreement copies of the default notice or related documentation are unavailable however our client has been informed by the original creditor that these notices would have been sent to you at the time the agreement defaulted
The outstanding balance at the date that the agreement defaulted was 629.21 the debt was assigned to our client with an outstanding balance of 629.21 you were issued a default notice in accordance with section 88 consumer credit act 1974 by JD Williams ltd re simply be on 3/1/2018
The claimant has been informed by JD Williams that it no longer holds a copy of the default notice. JD Williams confirmed that there was no statutory obligation for an original creditor to retain copies of the default notice and neither JD Williams nor the claimant had any reason to make additional efforts to make copies of the default notice
4. Our client considers your request for documentation complete as above this documentation is available to be sent to you.
5. Our client acknowledges your request for a copy of the agreement as above this is available to be sent to you
6. Our client notices that after the accounts assignment you made numerous amounts payments towards the account between may 2017 and October 2020 you made regular payments of 3.00 per month pur client consider this as an acceptance of your liability in this matter and considers that you were well aware of our clients assignment .
Furthermore our client is of the position that it gave you ample opportunity to address this matter and request documentation prior to the issuing of a county court claim. Our client wrote to you on numerous occasions in an attempt to make contact regarding this matter before instructing this firm following which the letter before the claim was sent with no response being received
The balance of your account currently stands at 630.21 the balance includes any costs incurred as a result of attempting to recover the sum owed please see the enclosed statement which evidences how the balance accrued
The letter then ends by them saying they consider me fully liable and how to move forward I will need to set out a precise legal basis of any defence within 28 days if not they may instruct the county court to continue or they want to make an amicable agreement
Thing is I had no issues at continuing paying the monthly payment if 3.00 I never missed a payment they were the ones who decided to take it to court as I did not fill their income expenditure form I told them my circumstances were unchanged I continued to pay up until they put the account on hold
Will this still hold up in court ? Any help as to what to do next would be greatly appreciated
Comment