Cabot/Mortimer Clarke

[AnaGR]

Good evening,

I hope everyone is doing well.

I am after a bit of advice with a claim that Mortimer clarke sent on a HSBC account I did not recall having.

Received a claim? Yes/No: Yes
Issue Date: 04/08/2024
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £1800
Claimant’s Name: Cabot Financial (UK) limited
Solicitors Firm: Mortimer Clarke
Original Creditor: HSBC
Original Debt (eg. Credit card/Loan/Overdraft) : Credit card
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Last payment was December 2017, I am not sure if the debt could be considered Statued barred now that the last contact was over 6 years ago but the claim was done in August of last year. Reply has not been received until now 7 months later.
List any letters you have sent (eg: CCA/ CPR ): I did a request in my defense but I have only received these incomplete documents now
Any Other Information or Background Details: I already defended the claim in full within the stipulated timeframe. I have just received today (14/03/24) a reply from Mortimer Clarke stating that they do not have the original CCA and attaching a "reconstituted" agreement, saying they are not under obligation to provide the original signed by me. Last payment on the account was made Dec 17, could this be considered statued barred even though claim was made within the 6 years limit?

I need some advice on what steps I should follow next.

Thanks in advance

[echat11]

Hi ANGAR

Welcome to LB

Issue Date: 04/08/2024 ? That's wrong.

Particulars of Claim: That's missing.

a) What you need to do is Acknowledge the claim online, that will give you an extra 14 days to work on you defence, so that 28 days in total, plus 5 days post - You say you did this.

b) Send Cabot a CCA request for your account, they have 12 days to provide you with a copy of your original agreements. Make sure you get Proof of Postage.

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

c) Send Mortimer Clarke a CPR 31.14 Request, they have 7 days to provide documents they are relying to make the claim. Make sure you get Proof of Postage.

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

d) Send HSBC a SAR for the account, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage.

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

Make sure you get your defence in on time, so 28 days from the date of the claim letter, note it in your diary,
if you want the Defence checked post 5 days before it's due.

e) This is an example defence, amend it carefully to suit the current situation, wait nearer the day your Defence is due (to see what documents you receive). Send a copy to the Court and their solicitors, make sure you get Proof of Postage for both.

https://legalbeagles.info/library/gu...-court-claims/

[Matty B]

Did you receive anything from the court after you submitted your defence- for example to say it was stayed?

As the claim was issued within 6 years of the last payment it is unlikely to be SB if you are in England and Wales.

You say you do not recall having it- so how do you know when the last payment was made. HSBC do many cards for example M&S or the old John Lewis _ well judging by the apps

[AnaGR]

Did you receive anything from the court after you submitted your defence- for example to say it was stayed?

As the claim was issued within 6 years of the last payment it is unlikely to be SB if you are in England and Wales.

You say you do not recall having it- so how do you know when the last payment was made. HSBC do many cards for example M&S or the old John Lewis _ well judging by the apps

I received an acknowledgement of my defence and was advised it will be stayed after 28 days if no reply was received from MC. That was months ago.

A few days ago, I received an email from MC with loads of papers, one of them is a statement, which shows when the last payment was made, hence knowing that, but I still cannot recall having this card, is not a store card and all the information about me and my address at the time is correct, but no CCA was provided as they said they do not have to do this. I am really not sure what to do.

[echat11]

When was the account opened?

Have a go at the example defence, copy and paste back to this thread without personal details, we can take a look.

e) This is an example defence, amend it carefully to suit the current situation, wait nearer the day your Defence is due (to see what documents you receive). Send a copy to the Court and their solicitors, make sure you get Proof of Postage for both.

https://legalbeagles.info/library/gu...-court-claims/

[Matty B]

When was the account opened?

Have a go at the example defence, copy and paste back to this thread without personal details, we can take a look.

e) This is an example defence, amend it carefully to suit the current situation, wait nearer the day your Defence is due (to see what documents you receive). Send a copy to the Court and their solicitors, make sure you get Proof of Postage for both.

https://legalbeagles.info/library/gu...-court-claims/

But wasn't the defence already submitted months ago?

If Anagram wants to amend it there will be a cost involved.

[echat11]

But wasn't the defence already submitted months ago?

If Anagram wants to amend it there will be a cost involved.

Issue Date: 04/08/2024 ? That's wrong.

[AnaGR]

Issue Date: 04/08/2024 ? That's wrong.

It was issued on the 4th August 2023 and defence was submitted 18th August. Mortimer Clarke/Cabot was notified on the 24th August and only got a reply on the 13th March 2024 via email, saying that my defence does not sustain and they will ask for a lift of the stay

[echat11]

When was the account opened?
I don't believe it's statute barred.
You need to go through the documents you've received and look for anomalies.

[TaheenS]

Hi there, that sounds like a frustrating situation with the HSBC claim. Here's what I can offer:

1. Statute Barred Potential: You're right, the last payment in December 2017 might make the debt statute barred. Even though the claim came in last year, it's the last payment that matters.
2. Incomplete Documents & Next Steps: It's a red flag that they sent a "reconstituted" agreement instead of the original CCA. Since you defended the claim already, consider:
   • Respond to Mortimer Clarke: Write back, clearly stating you believe the debt is statute barred due to the last payment being over 6 years ago. Mention you've received an incomplete response and request the original signed CCA.
   • Free Debt Advice: Citizens Advice offers free guidance on debt issues. They can help you draft a response and give specific advice on your situation: https://www.citizensadvice.org.uk/.
3. Hold off on Further Payment: Don't make any payments until you get proper advice or resolve the statute-barred question.