• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Cabot Court Claim - unsure of the enforceability and where to go from here

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Cabot Court Claim - unsure of the enforceability and where to go from here

    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.
    Tags: None

  • #2
    Received a claim? Yes/No:
    Issue Date:
    Have you Acknowledged the Claim?:
    Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
    Claimant’s Name:
    Solicitors Firm:
    Original Creditor:
    Original Debt (eg. Credit card/Loan/Overdraft) :
    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?):
    List any letters you have sent (eg: CCA/ CPR ):
    Any Other Information or Background Details:

    a) Send a SAR request to Jacamo, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

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

    b) Send a CCA request to Cabot, they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

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

    c) Send a CPR 31.14 request to Mortimer Clarke, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

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

    d) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

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


    Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

    Comment

    View our Terms and Conditions

    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

    Announcement

    Collapse
    1 of 2 < >

    Support LegalBeagles


    Donate with PayPal button

    LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    2 of 2 < >

    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.
    See more
    See less

    Court Claim ?

    Guides and Letters
    Loading...



    Search and Compare fixed fee legal services and find a solicitor near you.

    Find a Law Firm


    Working...
    X