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I recently received a CCJ claim from Mortimer Clark on behalf of their client Cabot Financial. I have drafted SAR, CCA and CPR letters as suggested on the CCJ guide pages.
Received a claim? Yes
Issue Date: 13 March 2023
Have you Acknowledged the Claim?: Yes (Acknowledged the evening of the 17th of March 2023)
Total Amount Claimed: £4000
Claimant’s Name: Cabot Financial
Solicitors Firm: Mortimer Clark
Original Creditor: Aqua
Original Debt: Credit Card
Particulars of Claim: "By an agreement between New Day Ltd RE Aqua & the Defendant on or around 11/06/2015 ('the Agreement') New Day Ltd RE Aqua agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The agreement was assigned to the named claimant. Cabot Credit Management group limited, acting as servicing agent of the named Claimant through its appointed representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named claimant therefore claims 1. £XXXX [~£4K] 2. Costs"
I find it odd that they state that the agreement was signed on or around that date instead of listing a specific date the agreement was signed.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Last payment (and last contact with Aqua) was made at the end of 2018 or early 2019. The date of default on my credit report is stated as 31 December 2019. I contacted Mortimer/Cabot yesterday through their website form and said I had received notification of their claim and I am in the process of trying to ascertain (exact word used) whether or not I owe the debt. I then asked them whether in the event that I did indeed owe the debt, could the debt then be negotiated down and a lower settlement amount agreed upon. Now reading these forums I know I shouldn't have even contacted them in the first place! At least I tried to make it clear that I am not admitting and so I feel I can still proceed with my defense.
List any letters you have sent (eg: CCA/ CPR ): None so far CCA and CPR drafted and ready to be posted off ASAP (attached). I am sending these to the address listed on the claim form and not the contact address on Cabot's website. I also intend on sending SAR request to Cabot (for this I will send it to the P.O box address listed on their website)
I can't seem to attach my CCA and CPR draft letters but the documents I requested in the CPR are 1. Agreement between New Day LTD RE Aqua & the defendant, 2. Default Notice and 3. Notice of Assignment. I used the templates on this site for both letters.
Any Other Information or Background Details:
I have a few questions on timing and the CCA postal order.
Can the postal order that is sent to the creditor be uncrossed? I assume both crossed and uncrossed postal orders are okay.
Do I have to send the CCA request to both the creditor and the solicitor or would just sending the CCA request to the claimant be enough?
Am I right in assuming that Cabot (the claimant) has to reply to the CCA request (i.e. send me the credit agreement) within 12 working days after receipt of the request, they do not have to ensure that the credit agreement reaches me within 14 working days of CCA request receipt.
Do I need to reply/post my defense to the Claim within 28 day of service (14 April 2023) or do I need to ensure that my defense reaches the court within 28 days of the day of service date.
Received a claim? Yes
Issue Date: 13 March 2023
Have you Acknowledged the Claim?: Yes (Acknowledged the evening of the 17th of March 2023)
Total Amount Claimed: £4000
Claimant’s Name: Cabot Financial
Solicitors Firm: Mortimer Clark
Original Creditor: Aqua
Original Debt: Credit Card
Particulars of Claim: "By an agreement between New Day Ltd RE Aqua & the Defendant on or around 11/06/2015 ('the Agreement') New Day Ltd RE Aqua agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The agreement was assigned to the named claimant. Cabot Credit Management group limited, acting as servicing agent of the named Claimant through its appointed representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named claimant therefore claims 1. £XXXX [~£4K] 2. Costs"
I find it odd that they state that the agreement was signed on or around that date instead of listing a specific date the agreement was signed.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Last payment (and last contact with Aqua) was made at the end of 2018 or early 2019. The date of default on my credit report is stated as 31 December 2019. I contacted Mortimer/Cabot yesterday through their website form and said I had received notification of their claim and I am in the process of trying to ascertain (exact word used) whether or not I owe the debt. I then asked them whether in the event that I did indeed owe the debt, could the debt then be negotiated down and a lower settlement amount agreed upon. Now reading these forums I know I shouldn't have even contacted them in the first place! At least I tried to make it clear that I am not admitting and so I feel I can still proceed with my defense.
List any letters you have sent (eg: CCA/ CPR ): None so far CCA and CPR drafted and ready to be posted off ASAP (attached). I am sending these to the address listed on the claim form and not the contact address on Cabot's website. I also intend on sending SAR request to Cabot (for this I will send it to the P.O box address listed on their website)
I can't seem to attach my CCA and CPR draft letters but the documents I requested in the CPR are 1. Agreement between New Day LTD RE Aqua & the defendant, 2. Default Notice and 3. Notice of Assignment. I used the templates on this site for both letters.
Any Other Information or Background Details:
I have a few questions on timing and the CCA postal order.
Can the postal order that is sent to the creditor be uncrossed? I assume both crossed and uncrossed postal orders are okay.
Do I have to send the CCA request to both the creditor and the solicitor or would just sending the CCA request to the claimant be enough?
Am I right in assuming that Cabot (the claimant) has to reply to the CCA request (i.e. send me the credit agreement) within 12 working days after receipt of the request, they do not have to ensure that the credit agreement reaches me within 14 working days of CCA request receipt.
Do I need to reply/post my defense to the Claim within 28 day of service (14 April 2023) or do I need to ensure that my defense reaches the court within 28 days of the day of service date.
