Cabot Financial - Mortimer Clarke Solicitors

[Ellabee]

Please can anyone offer some advise here:

I have a failed IVA from March 2019. I've heard nothing from any creditors until last week, I received 3 seperate claim forms. Claimant is Cabot and claims are being dealt with by Mortimer Clarke Solicitors.

The total of all 3 debts comes to £9700, I contacted Mortimer Clarke to see if I could enter into a payment plan with them in order to prevent being issued CCJS. The best they said they could offer me was 5 payments of £1940 monthly. I don't even earn this much a month, and have rent, other bills and a child (single mother). They informed me that my only option is to admit the claim and make an offer of how much I can pay each month and the court would still issue a CCJ for each claim.

I have worked so hard over the last few years to get my credit into a good place and now I'm absolutely devastated this could completely ruin my credit score for a further 6 years.

I also know this is my own fault and was a risk that came from having a failed IVA

I'd be really grateful for any support or information of how I can deal with this without ruining any chances of ruining my credit rating all over again.

TIA

[Ellabee]

Also please does anyone know...

Would it be worth my while requesting CCA's for these 3 debts? 2 are with JD Williams Fashion World, and the other is Aqua credit card. All 3 accounts were opened in 2016 and sold on to Cabot in 2017/2018. I then entered into the IVA in March 2019.

Due to me entering an IVA, would I still have the option of requesting the CCA's and if Cabot are unable to provide these, does anyone know if this then makes these debts unenforceable?

Thanks

[echat11]

Hi ELLABEE

Welcome to LB

Fill in the following, copy / paste back on to this thread without personal details:

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) First Acknowledge Service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to the original creditors, 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/

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

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

d) Send a CPR 31.14 request to Mortimer Clarke Solicitors, 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/

e) 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.

[Ellabee]

Thank you for replying ECHAT11. I've barely slept from worrying!

Received a claim? Yes
Issue Date: 24 JAN 2025
Have you Acknowledged the Claim?: YES
Total Amount Claimed : £3600
Claimant’s Name: CABOT FINANCIAL (UK) LIMITED
Solicitors Firm: MORTIMER CLARKE SOLICITORS LTD
Original Creditor: JD Williams Ltd Fashion World
Original Debt: Catalogue
Particulars of Claim: By an agreement between JD Williams Ltd & the Defendant dated 14/01/2016 ('the agreement') JD Williams Ltd Re Fashion World agreed to issue the defendant with a credit account. 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 may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a. from 22/01/2022 until date of issue only, or alternatively such interest as the Court thinks fit. THE NAMED CLAIMANT THEREFORE CLAIMS 1. ×××× 2. Interest of ××× 3. Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Failed IVA in March 2019 so not statute barred.
List any letters you have sent (eg: CCA/ CPR ): None
Any Other Information or Background Details:

All 3 claim forms I've received have the same Issue Date. 2 of them are from the same original creditor JD Williams Fashion World and 1 of them is Aqua Credit Card.

Thank you for reading

[echat11]

Thank you for replying ECHAT11. I've barely slept from worrying!

Received a claim? Yes
Issue Date: 24 JAN 2025
Have you Acknowledged the Claim?: YES
Total Amount Claimed : £3600
Claimant’s Name: CABOT FINANCIAL (UK) LIMITED
Solicitors Firm: MORTIMER CLARKE SOLICITORS LTD
Original Creditor: JD Williams Ltd Fashion World
Original Debt: Catalogue
Particulars of Claim: By an agreement between JD Williams Ltd & the Defendant dated 14/01/2016 ('the agreement') JD Williams Ltd Re Fashion World agreed to issue the defendant with a credit account. 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 may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a. from 22/01/2022 until date of issue only, or alternatively such interest as the Court thinks fit. THE NAMED CLAIMANT THEREFORE CLAIMS 1. ×××× 2. Interest of ××× 3. Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Failed IVA in March 2019 so not statute barred.
List any letters you have sent (eg: CCA/ CPR ): None
Any Other Information or Background Details:

All 3 claim forms I've received have the same Issue Date. 2 of them are from the same original creditor JD Williams Fashion World and 1 of them is Aqua Credit Card.

Thank you for reading

So you need to do a), b) c) d) and e) in post 2.

[Ellabee]

Hi ECHAT11,

I haven't received anything yet in response to any of the letters I sent out via signed delivery. Today is the date I am due to file my defence, please can you advise what I'm supposed to do at this point?

Thank you

[echat11]

Hi ECHAT11,

I haven't received anything yet in response to any of the letters I sent out via signed delivery. Today is the date I am due to file my defence, please can you advise what I'm supposed to do at this point?

Thank you

Email MORTIMER CLARKE SOLICITORS LTD now, state that you haven't received the requested documentation from them, I would like to request an extension as allowed under CPR 15.5. They should say 'yes', once you receive the documentation, they should give you 14 days to go through it, so you file the Defence once you've got it.

Update the thread once you've received the documentation.

[Ellabee]

Hi,

I received some post this afternoon.

It's a letter from Mortimer Clarke that says...

'We've received your requests under Section 77-79 of the Consumer Credit Act 1974.

We don't hold the documents so we've asked Cabot Financial (UK) Ltd for them.

Cabot Financial (UK) Ltd might have to ask the original creditors for these but we'll keep you updated.

We've put your accounts on hold while we wait.

CPR 31.14 Request

We have been unable to respond to your request within the 7 days requested. We have requested documentation from Cabot and are awaiting their response.

Yours faithfully,
Mortimer Clarke.

Does this mean I don't have to file my defence? Do I need to contact the court to let them know this is happening?

Thanks again for your help!

[echat11]

Hi,

I received some post this afternoon.

It's a letter from Mortimer Clarke that says...

'We've received your requests under Section 77-79 of the Consumer Credit Act 1974.

We don't hold the documents so we've asked Cabot Financial (UK) Ltd for them.

Cabot Financial (UK) Ltd might have to ask the original creditors for these but we'll keep you updated.

We've put your accounts on hold while we wait.

CPR 31.14 Request

We have been unable to respond to your request within the 7 days requested. We have requested documentation from Cabot and are awaiting their response.

Yours faithfully,
Mortimer Clarke.

Does this mean I don't have to file my defence? Do I need to contact the court to let them know this is happening?

Thanks again for your help!

They've put a 'hold' on your account, so no need to do anything at this moment in time, so update the thread when they provide further responses.

[Ellabee]

Hi ECHAT11,

I have received another letter today that reads:

Consumer Credit Act 1974 Request

We're still waiting for documents.

Until we can send you this information, your accounts are unenforceable. This means Cabot Financial (UK) Limited isn't allowed to obtain a County Court Judgement against you.

We've put your accounts on hold and no further action will be taken.

Whilst Cabot Financial (UK) Limited can't take legal action until we can send you documents, you still owe the outstanding balances.

You can call us so we can discuss your current financial circumstances. By setting up affordable payment plans you can be free of these debts quicker.

Yours faithfully

Mortimer Clarke Solicitors

[echat11]

Update when they provide further information.

[Ellabee]

Hi,

I have now received this in response to 2 of the claims (2 of them were Catalogue accounts so I've received the same letter twice just with different amounts on)

Consumer Credit Act 1974 Request

We’re responding to your request for documents under Section 77–79 of the Consumer Credit Act 1974 (the “Act”).

If you didn’t make this request, we are sending you this information as the joint account holder asked for these documents.

Your agreement was for a Catalogue, so it falls under S78 of the Act.

We’ve enclosed:

[Section 78 – Catalogue]

1. Reconstituted Credit agreement;


2. Original Terms & Conditions;


3. Signed statement of account on behalf of the Claimant.



Cabot is not able to provide a copy of the original credit agreement. However, please find enclosed a reconstituted copy of the credit agreement. Please be advised that under the Financial Conduct Authority’s Consumer Credit sourcebook at rule 13.1.4, a firm is able to reconstitute a copy of the agreement, and there is no obligation to provide a copy which includes a copy of the signature. This was also confirmed in the case of Carey v HSBC Bank plc [2009] EWHC 3417.

The amount you owe is £xxxxx and the agreement is now enforceable.

We confirm that a County Court Claim was issued on 22/01/2025.

We suggest that you reply to the Court via the documentation they have provided.

We trust this information is of assistance.

Does this mean im screwed?

[echat11]

Hi,

I have now received this in response to 2 of the claims (2 of them were Catalogue accounts so I've received the same letter twice just with different amounts on)

Consumer Credit Act 1974 Request

We’re responding to your request for documents under Section 77–79 of the Consumer Credit Act 1974 (the “Act”).

If you didn’t make this request, we are sending you this information as the joint account holder asked for these documents.

Your agreement was for a Catalogue, so it falls under S78 of the Act.

We’ve enclosed:

[Section 78 – Catalogue]

1. Reconstituted Credit agreement;


2. Original Terms & Conditions;


3. Signed statement of account on behalf of the Claimant.



Cabot is not able to provide a copy of the original credit agreement. However, please find enclosed a reconstituted copy of the credit agreement. Please be advised that under the Financial Conduct Authority’s Consumer Credit sourcebook at rule 13.1.4, a firm is able to reconstitute a copy of the agreement, and there is no obligation to provide a copy which includes a copy of the signature. This was also confirmed in the case of Carey v HSBC Bank plc [2009] EWHC 3417.

The amount you owe is £xxxxx and the agreement is now enforceable.

We confirm that a County Court Claim was issued on 22/01/2025.

We suggest that you reply to the Court via the documentation they have provided.

We trust this information is of assistance.

Does this mean im screwed?

Try not to worry, distract yourself when you think about it.

They haven't provided a Default Notice.
The agreement needs to be compliant, also needs to have Ref number at the bottom of page - year etc. (has it been Reconstructed correctly?)
If the Terms and Conditions has been 'varied', have they sent copies of the 'variation'?

e) This is an example Defence, have a go, copy and paste back to this thread without personal details.

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

[Ellabee]

Hi Echat,

Thank you for getting back to me.

Along with the letter I posted above, this is the contents of the reconstituted agreement:

Credit Agreement regulated by the Consumer Credit Act 1974

This agreement is made between us, JD Williams & Company Limited,
Griffin House, 40 Lever Street, Manchester, M60 6ES and you the person detailed below:


---

CUSTOMER DETAILS

Name: MY NAME IS PRINTED HERE
Address: MY ADDRESS IS PRINTED HERE
Post code: MY POSTCODE IS PRINTED HERE
Account number: MY ACCOUNT NUMBER IS PRINTED HERE


---

Credit Agreement Terms
This agreement provides an ongoing personal credit account on the terms set out below and overleaf. It has no fixed or minimum duration.

Credit limit. We will set your credit limit from time to time and give notice of it in writing. You can draw credit by using your account to place orders through our site or to buy goods or services from us. If you fail to make an express purchase, we may limit the amount you can charge to your account.

Interest. The standard interest rate is 36.96% a year variable if you pay by direct debit and 40.82% a year variable for all other cases unless any promotional rates apply.

Buy goods and services using your account and pay for them in full before the due date shown on your statement, we will not charge interest on those items. If we do not get payment in full before the due date, we will charge interest from the date we added the goods to your account. We will then charge interest from the period on the opening balance of your statement. This means that when we calculate interest we will ignore any payments we receive during that period. If you buy and return an item and both the item and return is on the same statement, we will not charge interest for that purchase.

We may from time to time make available promotional interest rates. If we do, we will notify you of the applicable promotional rate and the period during which the promotional rate will apply. Purchases and transactions made during this period (the “Promotional Balance”) will be charged at the promotional rate of interest.


---

We will tell you about any special terms which will apply to the availability of the promotional rate. We will apply the standard rates of interest to any Promotional Balance before the end of the promotional period, if you do not make at least your minimum payment by the payment due date shown in your statement at any time during the promotional period. At the end of the promotional period, the Promotional Balance will transfer to your standard account balance and the standard rates of interest will apply to it.

We compound the interest (which means we charge interest on interest) and add it to the balance on your statement due date. This will make the annual percentage rate (APR) higher than you might expect from the figures above.

We will send you the interest rate (or rates) of this agreement giving you at least 21 days’ written notice – see condition 11.

Example: Total amount payable £483.33 APR 52.0% (variable) if you pay by direct debit; and £492.46 – APR 56.7% (variable) in all other cases. We base these examples and APRs on the following assumptions that make them realistic for most:
(1) Your credit limit is £400.
(2) You order £400 of goods and services from us.
(3) You repay the whole amount (including interest) in 12 equal monthly instalments.
(4) The interest rate stays the same.
(5) The agreement remains valid for the whole 12-month period.
(6) Both of us meet all our obligations under this agreement.
How the agreement works in practice is set out below.


---

Minimum payment. We will send you a statement every 28 days showing the minimum payment and the payment due date. You must make at least the minimum payment unless nothing is due. Your minimum payment will initially be 1/12 of your balance plus any previous unpaid minimum order using your account or £5, whichever is the greater. We re-calculate your minimum payment in the same way whenever you buy more goods and services or return goods to us or cancel any services.


---

However, at our discretion and depending on your shopping and payment behaviour, we may reduce the required payment but it will not be less than 5% of your balance. If your balance is less than £5, you must pay the balance. Your statement will show the exact amount of your minimum payment. Whenever we calculate your minimum payment or the interest to charge, we always round up to the nearest penny.

If you fail to make at least the minimum payment and we consider acting for us to remind you, we will charge a reasonable administration fee. It is currently £12 – see condition 7. If we have to take further steps to recover the money, we may also recover the reasonable costs that we or any collection agency have in recovering it.


---

Withdrawing from the agreement. You have the right to withdraw from this agreement within 14 days, starting from the date you sign it or the date you receive a copy, whichever is later. You don’t have to give a reason. Your right to do this starts on the date the offer agreement ends and lasts for a continuous of 14-days (the ‘withdrawal period’). If you withdraw, you must pay us any money we lent you using the withdrawal period. You can do this by telephoning us on 0161 386 2226 or writing to JD Williams & Company Ltd, Customer Contact Team, JD Williams & Company Ltd, 40 Lever Street, Manchester M1 1E8. If you withdraw and you have ordered us to supply you goods and services from us without delay and no later than 30 days after giving us notice of withdrawal.


---

The additional terms set out overleaf are incorporated in this Agreement.

By entering into this Agreement you consent to us sending communications and notices to you and using any email address you provide to us from time to time. The emails will be sent in plain text and any attachments will be in pdf format.


---

Signature of customer: [Blank] box is empty
Date of signature / date of this agreement: [Blank] empty
Signed for and on behalf of JD WILLIAMS & COMPANY LIMITED
[there is a signature in this one]

I have received the same for the other catalogue account, it is exactly the same just a different account number.

There are no copies of any variations of anything, just the letter and then the reconstituted credit agreement.

[echat11]

Hi Echat,

Thank you for getting back to me.

Along with the letter I posted above, this is the contents of the reconstituted agreement:

Credit Agreement regulated by the Consumer Credit Act 1974

This agreement is made between us, JD Williams & Company Limited,
Griffin House, 40 Lever Street, Manchester, M60 6ES and you the person detailed below:


---

CUSTOMER DETAILS

Name: MY NAME IS PRINTED HERE
Address: MY ADDRESS IS PRINTED HERE
Post code: MY POSTCODE IS PRINTED HERE
Account number: MY ACCOUNT NUMBER IS PRINTED HERE


---

Credit Agreement Terms
This agreement provides an ongoing personal credit account on the terms set out below and overleaf. It has no fixed or minimum duration.

Credit limit. We will set your credit limit from time to time and give notice of it in writing. You can draw credit by using your account to place orders through our site or to buy goods or services from us. If you fail to make an express purchase, we may limit the amount you can charge to your account.

Interest. The standard interest rate is 36.96% a year variable if you pay by direct debit and 40.82% a year variable for all other cases unless any promotional rates apply.

Buy goods and services using your account and pay for them in full before the due date shown on your statement, we will not charge interest on those items. If we do not get payment in full before the due date, we will charge interest from the date we added the goods to your account. We will then charge interest from the period on the opening balance of your statement. This means that when we calculate interest we will ignore any payments we receive during that period. If you buy and return an item and both the item and return is on the same statement, we will not charge interest for that purchase.

We may from time to time make available promotional interest rates. If we do, we will notify you of the applicable promotional rate and the period during which the promotional rate will apply. Purchases and transactions made during this period (the “Promotional Balance”) will be charged at the promotional rate of interest.


---

We will tell you about any special terms which will apply to the availability of the promotional rate. We will apply the standard rates of interest to any Promotional Balance before the end of the promotional period, if you do not make at least your minimum payment by the payment due date shown in your statement at any time during the promotional period. At the end of the promotional period, the Promotional Balance will transfer to your standard account balance and the standard rates of interest will apply to it.

We compound the interest (which means we charge interest on interest) and add it to the balance on your statement due date. This will make the annual percentage rate (APR) higher than you might expect from the figures above.

We will send you the interest rate (or rates) of this agreement giving you at least 21 days’ written notice – see condition 11.

Example: Total amount payable £483.33 APR 52.0% (variable) if you pay by direct debit; and £492.46 – APR 56.7% (variable) in all other cases. We base these examples and APRs on the following assumptions that make them realistic for most:
(1) Your credit limit is £400.
(2) You order £400 of goods and services from us.
(3) You repay the whole amount (including interest) in 12 equal monthly instalments.
(4) The interest rate stays the same.
(5) The agreement remains valid for the whole 12-month period.
(6) Both of us meet all our obligations under this agreement.
How the agreement works in practice is set out below.


---

Minimum payment. We will send you a statement every 28 days showing the minimum payment and the payment due date. You must make at least the minimum payment unless nothing is due. Your minimum payment will initially be 1/12 of your balance plus any previous unpaid minimum order using your account or £5, whichever is the greater. We re-calculate your minimum payment in the same way whenever you buy more goods and services or return goods to us or cancel any services.


---

However, at our discretion and depending on your shopping and payment behaviour, we may reduce the required payment but it will not be less than 5% of your balance. If your balance is less than £5, you must pay the balance. Your statement will show the exact amount of your minimum payment. Whenever we calculate your minimum payment or the interest to charge, we always round up to the nearest penny.

If you fail to make at least the minimum payment and we consider acting for us to remind you, we will charge a reasonable administration fee. It is currently £12 – see condition 7. If we have to take further steps to recover the money, we may also recover the reasonable costs that we or any collection agency have in recovering it.


---

Withdrawing from the agreement. You have the right to withdraw from this agreement within 14 days, starting from the date you sign it or the date you receive a copy, whichever is later. You don’t have to give a reason. Your right to do this starts on the date the offer agreement ends and lasts for a continuous of 14-days (the ‘withdrawal period’). If you withdraw, you must pay us any money we lent you using the withdrawal period. You can do this by telephoning us on 0161 386 2226 or writing to JD Williams & Company Ltd, Customer Contact Team, JD Williams & Company Ltd, 40 Lever Street, Manchester M1 1E8. If you withdraw and you have ordered us to supply you goods and services from us without delay and no later than 30 days after giving us notice of withdrawal.


---

The additional terms set out overleaf are incorporated in this Agreement.

By entering into this Agreement you consent to us sending communications and notices to you and using any email address you provide to us from time to time. The emails will be sent in plain text and any attachments will be in pdf format.


---

Signature of customer: [Blank] box is empty
Date of signature / date of this agreement: [Blank] empty
Signed for and on behalf of JD WILLIAMS & COMPANY LIMITED
[there is a signature in this one]

I have received the same for the other catalogue account, it is exactly the same just a different account number.

There are no copies of any variations of anything, just the letter and then the reconstituted credit agreement.

O.K. did you send a SAR to JD Williams?
Does the reconstituted agreement have a reference number at the bottom or side of the agreement?