Cabot/Mortimer Clarke Solicitors - CCJ claim form (settle without CCJ?)

[rampant]

Hi all,

Yesterday I received a CCJ claim form for a debt owed to Newday/Cabot/Mortimer. I'm eager to settle the amount out of court so that I don't get a CCJ against my name, and am wondering the best strategy to do this.

Received a claim? Yes/No: Yes
Issue Date: 17th May 2022
Have you Acknowledged the Claim?: No
Total Amount Claimed : £3000
Claimant’s Name: Cabot Financial (UK) Limited
Solicitors Firm: Mortimer Clarke Solicitors Ltd
Original Creditor: New Day Ltd (Aqua credit card)
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
Particulars of Claim: I took out the credit card online in 2019. Due to COVID around 2020 I struggled to keep up payments and eventually the card defaulted. I haven't made any payments on the card and allowed the situation to deteriorate to this stage.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 5 years?): No
List any letters you have sent (eg: CCA/ CPR ): None
Any Other Information or Background Details: I would like to make a payment and not enter into a CCJ payment plan (because I don't want a CCJ against my name if possible).

[rampant]

Per the guidelines on this forum, I have already filled out an acknowledge of service online to give me 28 days to fully respond to the solicitors.

[LizMarkley]

You seem very on top of this claim and are dealing with Cabot well.

In terms of strategies, if you are confident the debt is yours and you have acknowledged the debt is yours (a proof it letter would be futile at this point), you have the choice between paying the debt off in full, setting up a repayment plan or settling the debt at a lower rate. There is some good advice on the article attached and Cabot are known to accept all three solutions however the latter would, of course, have an effect on your credit score but this can be built up again once you have dealt with the debt.

If none of these are possible for you, you might try getting in touch with a debt charity to see if you should consider a formal debt solution. Above all else, like you say, keep in touch with Cabot and don't let this issue get any worse.

[echat11]

Hi all,

Yesterday I received a CCJ claim form for a debt owed to Newday/Cabot/Mortimer. I'm eager to settle the amount out of court so that I don't get a CCJ against my name, and am wondering the best strategy to do this.

Received a claim? Yes/No: Yes
Issue Date: 17th May 2022
Have you Acknowledged the Claim?: No
Total Amount Claimed : £3000
Claimant’s Name: Cabot Financial (UK) Limited
Solicitors Firm: Mortimer Clarke Solicitors Ltd
Original Creditor: New Day Ltd (Aqua credit card)
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
Particulars of Claim: I took out the credit card online in 2019. Due to COVID around 2020 I struggled to keep up payments and eventually the card defaulted. I haven't made any payments on the card and allowed the situation to deteriorate to this stage.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 5 years?): No
List any letters you have sent (eg: CCA/ CPR ): None
Any Other Information or Background Details: I would like to make a payment and not enter into a CCJ payment plan (because I don't want a CCJ against my name if possible).

I guarantee 100% the Particulars of Claim doesn't say the following:-

'Particulars of Claim: I took out the credit card online in 2019. Due to COVID around 2020 I struggled to keep up payments and eventually the card defaulted. I haven't made any payments on the card and allowed the situation to deteriorate to this stage.'

Check your claim form for that information. You need to acknowledge the debt, file your Defence, then negotiate at mediation providing this is a County Court Claim.