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Cabot /Mortimer Clarke and court papers

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  • #1

    Cabot /Mortimer Clarke and court papers

    Hi, please would you be able to offer some help and guidance re Cabot and Mortimer Clarke.

    This is for a credit card debt opened in 2003 and defaulted in 2009 and I made token payments until Sept 2018. Moved house and forgot and had no letters sent for years!

    I then received court papers back in June 2024 for this debt that was now 5years and 9 months old since last payment or acknowledgement and I filed a defence under the Legal Beagles CCA template.
    this held it until last week.
    Papers have now been received back and include the Original Credit Agreement, Statement, Notice of Assignment, and Letter before Claim and have given me 14 days to come to settlement agreement.

    They have added £950 interest to the original debt.

    Am I able to defend this in any way or do I have no option but to try and settle an agreement without being issued a CCJ ?

    Thank you for your help.
    Tags: None
  • #2
    You should have continue posting on your original thread, nevertheless.

    What documents did your send the Court / the Creditor? (your post is a bit confusing)

    Did you send a CCA request?
    Did you send a CPR31.14 request?
    Did you file a Defence?

    It's not statute barred, but the documents they have to provide have to be compliant and have the prescribed terms.

    • 1 thank

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    • #3
      Hi,
      Sorry for not continuing on original thread and if my post is muddled, I am in a bit of a tailspin with everything.

      I did a CCA request at the end of June and received the documents mentioned in my post just last week. I also filed a defence with the court back in July, and the case was halted mid-July and Mortimer Clarke took 3 months to send the documents.
      MC have given me 14 days from the date of their letter which is 30th October to reach agreement before they will be going back to the court. So I do realise that I only have a couple of days to sort this out, but we were away from home during a chunk of this period of time.

      The interest of £950 has been added with a random date not relevant to any issue of documents / default etc.

      Thank you.

      Comment

      • #4
        You need to go through the documents look for anomalies, are all the prescribed terms on the CCA i.e. APR etc.

        Is the Default Notice compliant? Is the letter of assignment compliant?

        Posted for info only - https://lawzone.legal/when-is-a-cred...unenforceable/

        https://www.legislation.gov.uk/ukpga...efault-notices

        Email MC ask for an extension of time so you can seek help.
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        SHORTCUTS


        First Steps
        Check dates
        Income/Expenditure
        Acknowledge Claim
        CCA Request
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        Subject Access Request Letter
        Example Defence
        Set Aside Application
        Directions Questionnaire



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        Acknowledge Claim - within 14 days from Service

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        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.



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