Mortimer Clarke / Cabot Court Claim

[CharlieF]

Hi,

I'd really appreciated some help with a claim I've received, the details are below.
Thanks in advance to anybody who can take the time the look as it's appreciated


Received a claim? Yes/No: Yes

Issue Date: 22nd August 2024

Have you Acknowledged the Claim?: Yes (on the 29th August 2024)

Total Amount Claimed : £700

Claimant’s Name: Cabot Financial (UK) Limited

Solicitors Firm: Mortimer Clarke Solicitors

Original Creditor: New Day Ltd RE Aqua

Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

By an agreement between New Day Ltd RE Aqua & the Defendant on or around 04/01/2019 ('the Agreement') New Day Ltd RE Aqua agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service 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. 500 2. Costs


Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No

List any letters you have sent (eg: CCA/ CPR ):


- CPR sent to Mortimer Clarke on 4th September (Signed For/Delivered on 9th September 2024)

- CCA sent to Cabot on 5th September 2024 (Signed For/Delivered on 6th September 2024)

- SAR sent to New Day/Aqua on 5th September 2024 (Signed For/Delivered on 6th September 2024)


I haven't heard anything from Cabot or Mortimer Clarke

I received an email from NewDay on the 11th September 2024 saying that they couldn't complete a security check to and so they couldn't disclose any information. They said they needed my account number.

I received another email on the 12th September 2024 but this time addressed from Aqua, advising my concern had been passed to the relevant department and they'll be in touch in due course


- I sent another letter to New Day/Aqua on 12th September 2024 with my account number as requested, I also included copy of the original SAR and a copy of the email they had sent in reply asking for the account number.



Any Other Information or Background Details:

This was a credit card taken out in 2019 when I was already struggling with debt. I had a payment plan set up with mortimer/cabot this year but fell behind on payments a few months ago as I'd offered more than I could afford. I did plan on trying to arrange a new plan but they were ringing me multiple times a day and it just got overwhelming leading me to stick my head in the sand which I obviously now regret

I'd really appreciate some help with this, I've done all of the above based on previous advice given on this forum to other people, but I'm not sure what I'm supposed to do next or what date I need to file my defence latest as struggling to work that out?

Many thanks if anybody has read this

[echat11]

Hi Charlief

Welcome to LB

Update the thread when you get responses from Cabot, Newday and Mortimer Clarke.

a) 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.

[CharlieF]

Hi

Thanks so much for the reply with this.

I received a letter from Mortimer Clarke yesterday that says they are dealing with my document request. It say the client may well need to request documents from the original creditor and therefor may be some time. It says they have been instructed to place my account on hold and hold proceedings in relation to the county court claim issued until these documents are received

The date on the claim is the 22nd of September so does that mean I need to file my defence online the day before the 19th? I know I’ve left late to post but hoping if I post tomorrow somebody could check it if possible as I’m a bit lost with it

[CharlieF]

Sorry, I meant the date on the claim is the 22nd of August*

[echat11]

Sorry, I meant the date on the claim is the 22nd of August*

The solicitors won't ask for a 'default judgement', so they are saying you don't need to file your defence until you receive the requested documents or they contact you with further information'. In essence they asked for an extension. So update the thread as soon as they respond.

[CharlieF]

The solicitors won't ask for a 'default judgement', so they are saying you don't need to file your defence until you receive the requested documents or they contact you with further information'. In essence they asked for an extension. So update the thread as soon as they respond.

ahh right, thank you. How does it work once they do get back to me in terms of deadline wise for the defence? Does the 28 days just continue once they reply?

[echat11]

ahh right, thank you. How does it work once they do get back to me in terms of deadline wise for the defence? Does the 28 days just continue once they reply?

They'll give you the time lines, a covering letter should accompany the documents. Just a case of waiting, but keep your eyes peeled.

[BoomTown1]

echat11 What was the outcome with cabot? Thought you did a really good job putting all of that paperwork together.

[CharlieF]

BoomTown1 Sorry, I only just saw this response but thank you. I've only had the SAR response from NewDay today, haven't heard from Mortimer or Cabot yet since the last time I posted

[CharlieF]

They'll give you the time lines, a covering letter should accompany the documents. Just a case of waiting, but keep your eyes peeled.

echat11 Hi again, hope you're well.

I've been sent the DSAR documents by NewDay online. This is the information on the covering letter about what' included:


Please find below a list of all the available documentation which has been enclosed with this letter.

• Credit card agreement, original and current with terms and conditions
• Complaints history
• All letters sent by Aqua
• System history
• Statements dated from 14 February 2019 to 15 December 2019

• Account history Statements from January 2020 to present are unavailable due to the account being sold to Debt Purchaser - Cabot on 31 December 2019.

Please be advised, using the information we hold on file for you, we have been unable to locate Call recordings



I've haven't heard from Cabot or Mortimer yet so wasn't sure what to do?

[echat11]

echat11 Hi again, hope you're well.

I've been sent the DSAR documents by NewDay online. This is the information on the covering letter about what' included:


Please find below a list of all the available documentation which has been enclosed with this letter.

• Credit card agreement, original and current with terms and conditions
• Complaints history
• All letters sent by Aqua
• System history
• Statements dated from 14 February 2019 to 15 December 2019

• Account history Statements from January 2020 to present are unavailable due to the account being sold to Debt Purchaser - Cabot on 31 December 2019.

Please be advised, using the information we hold on file for you, we have been unable to locate Call recordings



I've haven't heard from Cabot or Mortimer yet so wasn't sure what to do?

Go through the information look for anomalies.