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Can i please ask for assistance with helping my wife who is being taken to court for what she believes is a Statute Barred Debt that she believed had drifted into the long grass.......
She is exceptionally busy at work at the hospital and is so exhausted when she gets home it is hard for her to deal with this on her own....So I will try and outline the case as follows:
Received a claim? Yes/No: YES
Issue Date: 28 Feb 2022
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £3000
Claimant’s Name: Cabot Financial (UK) Ltd
Solicitors Firm: Mortimer Clarke Solicitors Ltd
Original Creditor: Lloyds Banking Group
Original Debt (eg. Credit card/Loan/Overdraft) : Overdraft (assumed as the particulars just state "current account facilities")
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): Monies due under current account facility XXXXXXXX. The Claimant claims is for the balance outstanding under this facility provided by an entity within Lloyds Banking Group to the Defendant. It was a term of the Bank account that any debit ballance would be repayable by the Defendant in full on demand. The Defendant has failed to repay the amount due following the service of demand. The debt was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 3000 2. Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 5 years?): YES (no contact)
List any letters you have sent (eg: CCA/ CPR ): Following sent Recorded Delivery
CCA to Cabot
CPR to Mortimer Clarke
SAR to Cabot
An "Out of Time" letter to Cabot stating Section 5 of the Limitation Act 1980
Any Other Information or Background Details:
It appears that my wife inadvertantly issued her defence whilst responding to the Claim online at moneyclaim.gov.uk - Where she has stated that she disputes the full amount and to her knowledge the sum owed would be Statute Barred and that the foregoing letters would be sent to the respected parties. She did not realise that this would be taken as her actual defence until the Court sent a letter on 8th March to confirm their recipt of the defense and that it was to be submitted to Claimant and that they would have 28days from reciept to contact the Court or that the claim would be Stayed.
Mortimer Clarke responded to the CPR as follows:
emailed letter dated 10th March
As you are aware, we act for Cabot Financial (UK) Limited, the Claimant in the above
proceedings.
We write in relation to your letter dated 8 March 2022 and in particular to your
documentation request made pursuant to CPR 31.14. We acknowledge receipt of your
Defence dated 7 March 2022.
This firm does not hold the documents that you have requested and, therefore, the
Claimant is not in a position to comply with your request within the time frame
stipulated.
We have, however, referred your request to our client to obtain the documentation that
you seek. Although our client is mindful of the urgency here, please note that our client
may not have all the documents readily available to them and, therefore, they may need
to ask the original creditor, namely Lloyds Bank plc, part of Lloyds Banking Group plc,
for some of the documents. This may, therefore, take some time for us to come back to
you in this regard.
For the reasons set out above, we respectfully ask for you to agree to an extension of
time of 28 days in which for the Claimant to comply with your said request. We do not
believe that our client’s request is unreasonable and will not prejudice your defence in
any way.
Our client is happy to agree a 28 day extension for you to file your amended defence, if
so advised, once we have provided you with the relevant documentation.
Kindly note that we may need to seek a further extension if the documentation is not
received after this period, but we will write to you again nearer the time if a further
extension is required.
We have placed this matter on hold whilst we await further instructions from our client,
during this time we will not take any further action in respect of the ongoing court
proceedings.
We look forward to hearing from you at your earliest convenience.
Yours faithfully
Mortimer Clarke
Mortimer Clarke Solicitors
Today she recieved another emailed letter form MC as follows:
As you are aware, we act for Cabot Financial (UK) Limited, the Claimant in the above
proceedings.
We write in relation to your letter dated 8 March 2022 and in particular to your request
made under sections 77 to 79 of the Consumer Credit Act 1974.
Kindly note that this matter relates to a current account originally held between you and
Lloyds Bank plc, part of Lloyds Banking Group plc, and as such, is not regulated by the
Consumer Credit Act 1974 (“CCA”).
Further to the above, there is no signed Overdraft agreement, as we are informed by our
client that this account was opened on or about the 20 March 2002 and, therefore, it pre-
dated the CCA requirements for overdrafts to be embodied in documented credit
agreements.
Kindly acknowledge safe receipt of this letter.
Yours faithfully
Mortimer Clarke
Mortimer Clarke Solicitors
To date there has been no aknowledgement from Cabot or any responses from them other than MC responding on Cabot's behalf to the CCA letter.
Having done a little more reading on this fine website i understand that overdrafts are not covered by Section V of the CCA so they dont need to provide a copy of the signed agreement.......But whether this is just semantics or not - What MC are claiming in the above CCA response that it is not covered by the CCA is not factually correct?
Could you please offer up any advice? Should she provide a aknowledgement and a response to the above letters from MC?
Thanks in advance,
Geo.
Can i please ask for assistance with helping my wife who is being taken to court for what she believes is a Statute Barred Debt that she believed had drifted into the long grass.......
She is exceptionally busy at work at the hospital and is so exhausted when she gets home it is hard for her to deal with this on her own....So I will try and outline the case as follows:
Received a claim? Yes/No: YES
Issue Date: 28 Feb 2022
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £3000
Claimant’s Name: Cabot Financial (UK) Ltd
Solicitors Firm: Mortimer Clarke Solicitors Ltd
Original Creditor: Lloyds Banking Group
Original Debt (eg. Credit card/Loan/Overdraft) : Overdraft (assumed as the particulars just state "current account facilities")
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): Monies due under current account facility XXXXXXXX. The Claimant claims is for the balance outstanding under this facility provided by an entity within Lloyds Banking Group to the Defendant. It was a term of the Bank account that any debit ballance would be repayable by the Defendant in full on demand. The Defendant has failed to repay the amount due following the service of demand. The debt was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 3000 2. Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 5 years?): YES (no contact)
List any letters you have sent (eg: CCA/ CPR ): Following sent Recorded Delivery
CCA to Cabot
CPR to Mortimer Clarke
SAR to Cabot
An "Out of Time" letter to Cabot stating Section 5 of the Limitation Act 1980
Any Other Information or Background Details:
It appears that my wife inadvertantly issued her defence whilst responding to the Claim online at moneyclaim.gov.uk - Where she has stated that she disputes the full amount and to her knowledge the sum owed would be Statute Barred and that the foregoing letters would be sent to the respected parties. She did not realise that this would be taken as her actual defence until the Court sent a letter on 8th March to confirm their recipt of the defense and that it was to be submitted to Claimant and that they would have 28days from reciept to contact the Court or that the claim would be Stayed.
Mortimer Clarke responded to the CPR as follows:
emailed letter dated 10th March
As you are aware, we act for Cabot Financial (UK) Limited, the Claimant in the above
proceedings.
We write in relation to your letter dated 8 March 2022 and in particular to your
documentation request made pursuant to CPR 31.14. We acknowledge receipt of your
Defence dated 7 March 2022.
This firm does not hold the documents that you have requested and, therefore, the
Claimant is not in a position to comply with your request within the time frame
stipulated.
We have, however, referred your request to our client to obtain the documentation that
you seek. Although our client is mindful of the urgency here, please note that our client
may not have all the documents readily available to them and, therefore, they may need
to ask the original creditor, namely Lloyds Bank plc, part of Lloyds Banking Group plc,
for some of the documents. This may, therefore, take some time for us to come back to
you in this regard.
For the reasons set out above, we respectfully ask for you to agree to an extension of
time of 28 days in which for the Claimant to comply with your said request. We do not
believe that our client’s request is unreasonable and will not prejudice your defence in
any way.
Our client is happy to agree a 28 day extension for you to file your amended defence, if
so advised, once we have provided you with the relevant documentation.
Kindly note that we may need to seek a further extension if the documentation is not
received after this period, but we will write to you again nearer the time if a further
extension is required.
We have placed this matter on hold whilst we await further instructions from our client,
during this time we will not take any further action in respect of the ongoing court
proceedings.
We look forward to hearing from you at your earliest convenience.
Yours faithfully
Mortimer Clarke
Mortimer Clarke Solicitors
Today she recieved another emailed letter form MC as follows:
As you are aware, we act for Cabot Financial (UK) Limited, the Claimant in the above
proceedings.
We write in relation to your letter dated 8 March 2022 and in particular to your request
made under sections 77 to 79 of the Consumer Credit Act 1974.
Kindly note that this matter relates to a current account originally held between you and
Lloyds Bank plc, part of Lloyds Banking Group plc, and as such, is not regulated by the
Consumer Credit Act 1974 (“CCA”).
Further to the above, there is no signed Overdraft agreement, as we are informed by our
client that this account was opened on or about the 20 March 2002 and, therefore, it pre-
dated the CCA requirements for overdrafts to be embodied in documented credit
agreements.
Kindly acknowledge safe receipt of this letter.
Yours faithfully
Mortimer Clarke
Mortimer Clarke Solicitors
To date there has been no aknowledgement from Cabot or any responses from them other than MC responding on Cabot's behalf to the CCA letter.
Having done a little more reading on this fine website i understand that overdrafts are not covered by Section V of the CCA so they dont need to provide a copy of the signed agreement.......But whether this is just semantics or not - What MC are claiming in the above CCA response that it is not covered by the CCA is not factually correct?
Could you please offer up any advice? Should she provide a aknowledgement and a response to the above letters from MC?
Thanks in advance,
Geo.
