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

[Cherry2495]

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.

[echat11]

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.

[Cherry2495]

Received a claim? YES
Issue Date: 30th August 2024
Have you Acknowledged the Claim?:YES
Total Amount Claimed : £2000
Claimant’s Name: Cabot Financial
Solicitors Firm: Mortimer Clarke
Original Creditor: Jacamo
Original Debt (eg. Credit card/Loan/Overdraft) : Mail Order
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 contact January 2020
List any letters you have sent (eg: CCA/ CPR ): CCA/CPR/SAR
Any Other Information or Background Details:

Old Jacamo debt supposedly sold to Cabot on 26th July 2021, original debt according to SAR in the region of £1450, Cabot claiming £2000 which includes £115 + £80 court/solicitors fees for THIS claim, they've also updated the default on my credit file to this amount from the original Jacamo debt which was the figure for the past few years. So they've registered the court costs they've not yet been awarded as a default against me. My defense filed with the court. 01/10/2024 stating no evidence to support the claim despite requesting. Jacamo have since responded to the SAR with all information held about me. No agreement, no default notice and no notice of assignment. Mainly just screencaptures. No terms of agreement. No terms sent upon the credit increases (5 within 6 months). Received acknowledgement from the court dated 01/10/2024 giving Cabot 28 days to proceed. Received email today from Mortimer Clarke with a copy of Directions Questionaire informing me they intend to pursue mediation and I have no 'valid defense'. Also attached copy of a letter from JD Williams informing me of the sale of my account dated 29th July 2021 and attached a copy of letter supposedly sent to me from Cabot claiming ownership, also dated 29th July 2021. I have not received a Directions Questionaire and I am currently on hold to the court to see if one has been sent.

Help, where do I go from here?

Eta. on the attached letter to the email Mortimer Clarke sent me dated 3rd October they claim they have filed the Directions Questionaire with the court, but the last transaction on my Moneyclaim portal is still my defense. Would it show up by now? Have they even filed it?

[Pezza54]

You should have received form N149A Notice of proposed allocation to the small claims track, from the court

The final date for filing the Directions Questionnaire N180 is stated on N149A

The form also gives details of the website where N180 can be downloaded

You should complete it, after reading the claimant's DQ and instructions on how to complete it, send a copy to the court attached to an email. Also send a copy to the claimant

[echat11]

Moneyclaim is updated with the 'basics', it's not continually updated. For information, there will be times when you'll need to ring the Court.

So you've received their DQ, you need to fill in the DQ, you want Mediation but haven't received all the requested documentation. You want a Hearing in person.

You send a copy of your DQ to the Court and a copy to their solicitors, make sure you get Proof of Postage.

You don't have to wait for the Court to send you a DQ -

https://www.gov.uk/government/public...l-claims-track

https://legalbeagles.info/library/gu...uestionnaire//

[Pezza54]

Under "SHORTCUTS" on the righthand side of this page there is the heading "Directions Questionnaire"
This shortcut provides advice on how to complete N180
Be careful to choose your local county court as the preferred venue for the hearing. Give the reason for this venue as stated in the advice

[Cherry2495]

You should have received form N149A Notice of proposed allocation to the small claims track, from the court

The final date for filing the Directions Questionnaire N180 is stated on N149A

The form also gives details of the website where N180 can be downloaded

You should complete it, after reading the claimant's DQ and instructions on how to complete it, send a copy to the court attached to an email. Also send a copy to the claimant

Hi there,

I've not received anything from the court beyond acknowledging my defence and that they were informing the claimant and the court would contact me with next steps. Then today I received the email from Mortimer Clarke with their DQ attached so I'm slightly panicked if there is a timescale I might have missed, particularly since there are no entries about Cabot filing a DQ or me being sent one from the court on the Moneyclaim portal. I read elsewhere that sometimes these companies send copies of these forms prematurely as a scare tactic so I calmed down thinking maybe that's what has happened here and I haven't actually been sent one yet from the court. But now reading the replies here I'm slightly panicked again because maybe I have and it's gone missing and it no mention of any DQ's on the portal doesn't actually mean anything I've been trying to call the court all day but not been able to get through..

[echat11]

Hi there,

I've not received anything from the court beyond acknowledging my defence and that they were informing the claimant and the court would contact me with next steps. Then today I received the email from Mortimer Clarke with their DQ attached so I'm slightly panicked if there is a timescale I might have missed, particularly since there are no entries about Cabot filing a DQ or me being sent one from the court on the Moneyclaim portal. I read elsewhere that sometimes these companies send copies of these forms prematurely as a scare tactic so I calmed down thinking maybe that's what has happened here and I haven't actually been sent one yet from the court. But now reading the replies here I'm slightly panicked again because maybe I have and it's gone missing and it no mention of any DQ's on the portal doesn't actually mean anything I've been trying to call the court all day but not been able to get through..

Try to calm down.

Call the Court as soon as they open at 9.00am.

You could email Mortimer Clarke, explain that you haven't received your DQ yet.

[Cherry2495]

Moneyclaim is updated with the 'basics', it's not continually updated. For information, there will be times when you'll need to ring the Court.

So you've received their DQ, you need to fill in the DQ, you want Mediation but haven't received all the requested documentation. You want a Hearing in person.

You send a copy of your DQ to the Court and a copy to their solicitors, make sure you get Proof of Postage.

You don't have to wait for the Court to send you a DQ -

https://www.gov.uk/government/public...l-claims-track

https://legalbeagles.info/library/gu...uestionnaire//

Ok I'll fill in and send a DQ. So it's ok to reject mediation? I don't want the court to look upon me as being unreasonable but from what I understand reading here Cabot/Mortimer Clarke have still not produced the documentation to substantiate their claim and I assume if Jacamo didn't send me any copies of documents then that means they don't actually have them so I fail to see how there is a case to mediate..They state in their letter that mediation is compulsory and the courts penalise those who reject that path so I initially assumed I'd have to agree to it. I'm also concerned with their conduct upon adding their court costs to my credit file before they've even been awarded them. Is this allowed and would this be relevant to bring up when it gets to hearing? I must admit I am very intimidated at the prospect of actually going to court, I was actually hoping it wouldn't get that far, particularly when I got the SAR from Jacamo and realised they had no documentation to back up their claim.

[echat11]

Ok I'll fill in and send a DQ. So it's ok to reject mediation? I don't want the court to look upon me as being unreasonable but from what I understand reading here Cabot/Mortimer Clarke have still not produced the documentation to substantiate their claim and I assume if Jacamo didn't send me any copies of documents then that means they don't actually have them so I fail to see how there is a case to mediate..They state in their letter that mediation is compulsory and the courts penalise those who reject that path so I initially assumed I'd have to agree to it. I'm also concerned with their conduct upon adding their court costs to my credit file before they've even been awarded them. Is this allowed and would this be relevant to bring up when it gets to hearing? I must admit I am very intimidated at the prospect of actually going to court, I was actually hoping it wouldn't get that far, particularly when I got the SAR from Jacamo and realised they had no documentation to back up their claim.

Mediation isn't compulsory, but you should engage with the other party to settle the matter when there is an opportunity to do so. I'm not sure that they should be adding their court costs to your credit file, as you point out they haven't been awarded yet. The fact that they have no documents is a 'big plus' for your Defence.

You still might receive a DQ from the Court.

[Cherry2495]

I've checked the MCOL this morning and it is finally showing that Cabot have filed the DQ and one has been sent to me so I'm awaiting that.

I'm pre-emptively trying to anticipate the next steps though so would be grateful for any pointers. And as they seem to be persistent despite not backing up their claim, I assume the case will proceed.

Is it safe to assume that since I've not been provided copies of a CCA or the Default Notice that Cabot are not in possession of them either? I assumed that they would be included in the SAR I requested from Jacamo but apparently that might not be the case which is a shame because I was hoping if they produced anything I could argue legitimacy based on a lack of Jacamo providing anything to me. For what it's worth on the screencaptures Jacamo sent me they state themselves that no scanned copy of an agreement exists. I'm also pretty sure they did not send me a DN either. I don't remember getting one. There are also only a few days between the date of default and them selling the account to Cabot. As far as I'm aware they are required to give 14 days for me to rectify it but it doesn't appear I had 'notice'?

As for them adding court costs to my default, I feel like that could be useful to my case? Because surely they're not keeping correct records/recording inaccurate information against me which could potentially breach my consumer rights and indicate unscrupulous practices. I'm a little unsure whether to highlight it with the CRA prior to entering mediation/going to a hearing so I have something to add to my defence or if I should wait and let it hopefully go against them?

[echat11]

You've got quite a bit of information for your case / Witness Statement, if Mediation
isn't an option, which seems to be the case. You want Mediation, but they have not supplied the requested documentation. You want a Hearing in person.

https://legalbeagles.info/library/gu...uestionnaire//

[Cherry2495]

Thank you.

Quick question. Is it worth pursuing and sending a complaint to Cabot and the Jacamo and then potentially the financial ombudsman regarding this debt. The reason being I have recently been reading that there were a number of consumer protections advised and regulated by the FCA during the pandemic which is when this debt started to go down the toilet. Self-employed household (taxi driver), no income and no government assistance. I asked for a payment break in March 2020 but I don't recall if it was for a specified amount of time because at the time, no-one really knew how long the pandemic would last. I didn't even know that the FCA were advising that we were allowed two separate payment breaks that I could maybe stagger, I thought they were just being nice of their own accord giving me one in the first place. But after that payment break contact, that was the last I heard from Jacamo and I completely forgot about it because I was dealing with health issues and trying to catch up on essential bills, According to my SAR, Jacamo recorded sending letters from December 2020 (it doesn't specify the content) before selling in July 2021, I don't recall receiving any letters however according to FCA guidelines these should have included flexibility and potentially the offer of a payment plan. Similarly, I wasn't offered this consideration by Cabot either.

Is this a viable avenue to strengthen my case? If so, should I pursue a complaint whilst I await further court proceedings?

[echat11]

Thank you.

Quick question. Is it worth pursuing and sending a complaint to Cabot and the Jacamo and then potentially the financial ombudsman regarding this debt. The reason being I have recently been reading that there were a number of consumer protections advised and regulated by the FCA during the pandemic which is when this debt started to go down the toilet. Self-employed household (taxi driver), no income and no government assistance. I asked for a payment break in March 2020 but I don't recall if it was for a specified amount of time because at the time, no-one really knew how long the pandemic would last. I didn't even know that the FCA were advising that we were allowed two separate payment breaks that I could maybe stagger, I thought they were just being nice of their own accord giving me one in the first place. But after that payment break contact, that was the last I heard from Jacamo and I completely forgot about it because I was dealing with health issues and trying to catch up on essential bills, According to my SAR, Jacamo recorded sending letters from December 2020 (it doesn't specify the content) before selling in July 2021, I don't recall receiving any letters however according to FCA guidelines these should have included flexibility and potentially the offer of a payment plan. Similarly, I wasn't offered this consideration by Cabot either.

Is this a viable avenue to strengthen my case? If so, should I pursue a complaint whilst I await further court proceedings?

If they hadn't started Court proceedings, I would say 'yes' lodge complaints. The thing is the FOS won't look at your case, as proceedings has already started. But you can still use what you've outlined in your post to strengthen your case. Get all the SAR information they have, so you know what happened when. Use that information in your Witness Statement.

[Cherry2495]

Thanks ECHAT11. I just wasn't sure whether I needed to have had a complaint lodged already in order to add it to my case. But if thats not necessary I'll gather all the available info for the future Witness statement like you suggest.