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Cabot Financial / Mortimer Clarke Solicitors Claim Form Received

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  • Cabot Financial / Mortimer Clarke Solicitors Claim Form Received

    Hello,

    I am writing on behalf of my partner who has received a claim form from Cabot/Mortimer Clark Solicitors in respect of an old catalogue debt to Simply Be / JD Williams.

    She contacted Mortimer Clarke today to see what the options were, they asked if she wanted to make a settlement offer, which she did at 50%, but it was immediately rejected. They have basically offered to accept approx £50 less than the claim amount.

    Received a claim? Yes
    Issue Date: 19 JAN 2024
    Have you Acknowledged the Claim?: NO
    Total Amount Claimed : £2500
    Claimant’s Name: CABOT FINANCIAL (UK) LIMITED
    Solicitors Firm: MORTIMER CLARK SOLICITORS
    Original Creditor: JD WILLIAMS / SIMPLY BE
    Original Debt (eg. Credit card/Loan/Overdraft) : MAIL ORDER/CATALOGUE
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): BY AN AGREEMENT BETWEEN JD WILLIAMS RE SIMPLY BE & THE DEFENDANT DATED 29.09.2019 (THE AGREEMENT) JD WILLIAMS RE SIMPLY BE AGREED TO ISSUE THE DEFENDANT WITH A CREDIT ACCOUNT. THE DEFENDANT FAILED TO MAKE THE MINIMUM PAYMENTS DUE. THE AGREEMENT WAS TERMINATED FOLLOWING THE SERVING 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. TOTAL AMOUNT 2, COSTS
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): NOT STATUTE BARRED.
    List any letters you have sent (eg: CCA/ CPR ): NONE

    Any advice you can offer will be greatly appreciated.
    Tags: None

  • #2
    Hi TickTockDanz

    Welcome to LB


    A) You need to acknowledge service of the claim, this can be done on MCOL website, (deny all) this gives you an extra 14 days to file your defence, so that's 14 + 14 = 28 days to file your Defence (you get 5 days for postage).


    B) Send a 31.14 request to Mortimer Clarke to address on the claim form, they have 7 days to respond after receipt of letter. Make sure you get Proof of Postage.

    https://legalbeagles.info/library/gu...-of-documents/

    C) Send a CCA request to Cabot Financial, they have 12 days to provide a copy of the agreement, make sure you get Proof of Postage.

    https://legalbeagles.info/library/gu...etter-example/

    D) Send a SAR to JD WILLIAMS / SIMPLY BE, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.

    https://legalbeagles.info/library/gu...ccess-request/

    You need to lodge your Defence with the Court and Mortimer Clarke within 28 days (although you have 5 days for postal). Do not forget, make a note in your diary. Update the thread when you get the requested information. We can help with your defence.

    Don't speak to them over the phone. Depending on what documents they send, Mediation maybe an option. Remember a Court will only ask you to pay what you can afford, this is a non priority debt.



    Comment


    • #3
      Thanks ECHAT11 for your quick response.

      I'll get on with these and update once I get the requested information.

      Obviously, the SAR from JD Williams will go beyond the defence date.

      Comment


      • #4
        Originally posted by ticktockdanz View Post
        Thanks ECHAT11 for your quick response.

        I'll get on with these and update once I get the requested information.

        Obviously, the SAR from JD Williams will go beyond the defence date.
        Yes it might, although they have 30 days, it might be shorter or longer.
        But information is always 'valuable'. You don't need it to file your Defence.

        Comment


        • #5
          Thank you. She is panicking like hell and was very frustrated at their lack of willingness to enter into discussions on a full and final settlement figure. She doesn't deny the debt but MCS are of the current stance of full payment or CCJ, they say they have no way of stopping the process. I don't believe this response as they could simply put it on hold?

          Comment


          • #6
            Originally posted by ticktockdanz View Post
            Thank you. She is panicking like hell and was very frustrated at their lack of willingness to enter into discussions on a full and final settlement figure. She doesn't deny the debt but MCS are of the current stance of full payment or CCJ, they say they have no way of stopping the process. I don't believe this response as they could simply put it on hold?
            Tell your partner to stay calm.

            They've started proceedings, so they need to be dealt with.
            Even though they have started proceedings, the Court encourages the parties to 'settle' the matter. What you can do is fill in an Income and Expenditure form, taking into the 'cost of living', energy, food etc.So if you are left with £5, after you've filled in the I/E form then that is all you can offer. Send that with a covering letter to MCS.

            On the letter write 'Without Prejudice', so it can't be used in the case, but after the
            Hearing you can show the Court that you tried to settle the claim, but MCS rejected your monthly payment offer. The Court will ask you to fill in an I/E form, you will provide the Court with the same information.

            Comment


            • #7
              Thank you again. Do you have a link for a reccomended I/E form?

              Comment


              • #8
                Originally posted by ticktockdanz View Post
                Thank you again. Do you have a link for a reccomended I/E form?
                https://nedcab.cabmoney.org.uk/

                Comment

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                SHORTCUTS


                First Steps
                Check dates
                Income/Expenditure
                Acknowledge Claim
                CCA Request
                CPR 31.14 Request
                Subject Access Request Letter
                Example Defence
                Set Aside Application
                Directions Questionnaire



                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.




                We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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