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Hi there good people,
I've been perusing this forum for a few days since I just received a Claim form in the post form Cabot and I'm fairly sure I'm now confident in my next steps, or at least my options, however I have some queries that I couldn't find similar answers to so I've decided to make my own post in the hope someone can fill in the blanks and offer advice or opinion.
The claim form has been sent by Mortimer Clarke for Cabot and relates to an old Jacamo debt (at least as old as 2019), they are claiming roughly £2k which is made up of a supposed debt to Jacamo of £1400, plus Cabot's interest, plus costs. My issue is that I'm fairly sure I remember the original credit from Jacamo was no more than around £200 when I stopped paying. I imagine that it was then hiked with interest and charges and I know its silly to bury my head in the sand over an initial smallish debt but when you have no money, you have no money. My mental health at the time was also shot. Anyway, how will I know if these are Jacamo's charges or if its Cabot trying to get their pound of flesh? And if it is mostly Cabot's demands, can they inflate the debt that much? I do have record of a default on my credit file which reflects the £1400 debt however its under the name of Cabot and not Jacamo. I have no idea if they've simply replaced Jacamo or if this is Cabot's own default. I have no correspondence from Jacamo that I can refer back to to find a statement of charges or anything since its so old. That brings me to my other issue, I have no idea if the debt is statute-barred or not. I imagine it's not far off since the default is registered in June 2019. I have no idea how long I had not been paying for before this default was placed on my credit file and there are no other entries, no ticks or missed payments, other than that one D.
Pursuant to the knowledge I have acquired reading this forum I have amened the relevant request letters routinely suggested which should shed some light on the above mentioned and I'm posting today, recorded delivery. Request for CCA to Cabot, request for particulars to claim with a copy of the CCA to Mortimer Clarke and a SAR to Jacamo. I have also acknowledged the service. With the above in mind I'm tempted to amend the particulars to claim before posting to explicitly request a breakdown of the debt as I have seen a few other cases where they have replied back with a vague "your credit was this much, you owe this much" in response to a request for a statement of account. Is this advisable or should I stick to the wording of the template letter and use a potential lack of breakdown if not sent in the forthcoming defence? Furthermore, if Cabot dont/cant produce the necessary compliant documents as I've seen is often the case am I going with claiming statutory barring applies since they may not be able to tell me when I stopped paying and the 6 years could potentially be up?
Sorry if I'm putting the cart before the horse, I'm just a very anxious person and pre-empting all possibilities gives me a sense of control over the situation otherwise I'll fall apart. Apologies if it translates to a rambling stream of thoughts, it mostly is.
One last thing, is there a chance I might have to physically attend court? Because I don't think I can. I have agoraphobia, social anxiety, also mobility issues and I find the possibility of having to step into a courtroom terrifying.
Any help, insight or words of wisdom anyone can give me is much appreciated.
I've been perusing this forum for a few days since I just received a Claim form in the post form Cabot and I'm fairly sure I'm now confident in my next steps, or at least my options, however I have some queries that I couldn't find similar answers to so I've decided to make my own post in the hope someone can fill in the blanks and offer advice or opinion.
The claim form has been sent by Mortimer Clarke for Cabot and relates to an old Jacamo debt (at least as old as 2019), they are claiming roughly £2k which is made up of a supposed debt to Jacamo of £1400, plus Cabot's interest, plus costs. My issue is that I'm fairly sure I remember the original credit from Jacamo was no more than around £200 when I stopped paying. I imagine that it was then hiked with interest and charges and I know its silly to bury my head in the sand over an initial smallish debt but when you have no money, you have no money. My mental health at the time was also shot. Anyway, how will I know if these are Jacamo's charges or if its Cabot trying to get their pound of flesh? And if it is mostly Cabot's demands, can they inflate the debt that much? I do have record of a default on my credit file which reflects the £1400 debt however its under the name of Cabot and not Jacamo. I have no idea if they've simply replaced Jacamo or if this is Cabot's own default. I have no correspondence from Jacamo that I can refer back to to find a statement of charges or anything since its so old. That brings me to my other issue, I have no idea if the debt is statute-barred or not. I imagine it's not far off since the default is registered in June 2019. I have no idea how long I had not been paying for before this default was placed on my credit file and there are no other entries, no ticks or missed payments, other than that one D.
Pursuant to the knowledge I have acquired reading this forum I have amened the relevant request letters routinely suggested which should shed some light on the above mentioned and I'm posting today, recorded delivery. Request for CCA to Cabot, request for particulars to claim with a copy of the CCA to Mortimer Clarke and a SAR to Jacamo. I have also acknowledged the service. With the above in mind I'm tempted to amend the particulars to claim before posting to explicitly request a breakdown of the debt as I have seen a few other cases where they have replied back with a vague "your credit was this much, you owe this much" in response to a request for a statement of account. Is this advisable or should I stick to the wording of the template letter and use a potential lack of breakdown if not sent in the forthcoming defence? Furthermore, if Cabot dont/cant produce the necessary compliant documents as I've seen is often the case am I going with claiming statutory barring applies since they may not be able to tell me when I stopped paying and the 6 years could potentially be up?
Sorry if I'm putting the cart before the horse, I'm just a very anxious person and pre-empting all possibilities gives me a sense of control over the situation otherwise I'll fall apart. Apologies if it translates to a rambling stream of thoughts, it mostly is.
One last thing, is there a chance I might have to physically attend court? Because I don't think I can. I have agoraphobia, social anxiety, also mobility issues and I find the possibility of having to step into a courtroom terrifying.
Any help, insight or words of wisdom anyone can give me is much appreciated.
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