Cabot/mortimer court letter

[Gift123]

Received a claim? Yes/No: yes




Issue Date: 20/02/2025




Have you Acknowledged the Claim?: filled AOS on small claims




Total Amount Claimed : £7000 with interest from Cabot




Claimant’s Name: Cabot




Solicitors Firm: Mortimer Clarke




Original Creditor: aqua




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




Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): £5200




Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): last payment made to Cabot was 2021




List any letters you have sent (eg: CCA/ CPR ): yes. Requested for CCA and CPR




Any Other Information or Background Details:




Hi




I am hoping someone can give me some advice as I am a bit stuck and worried. I have been following other threads. I got a court letter dated 20/02/2025 from Mortimer solicitors acting on behalf of Cabot financial for a credit I last made payment in 2021. They have charged interest on the original debt of £5000 and now added all the court fees too getting to about £7000. I followed other threads here and filled in an AOS on small claims online and it has been extended to 28days to file my defence. I sent CCA request to Cabot and CPR31.14 request to Mortimer on the 26/02/2025.

I have received a letter back from Mortimer today saying they do not have that information I have requested and have forwarded my request to Cabot to provide them. My accounts has now been put on hold and I can contact them to arrange payments suitable to me. At this point.




1. do I wait for those documents from them and further letters?




2. do I inform the court I am waiting for those documents from Cabot and Mortimer?




3. If the documents are not provided within the 28days the court has given me, what do I do please?

[echat11]

Hi GIFT123

Welcome to LB

The account is on 'hold', so update the thread when they provide the requested documents.
Remember they may send the documents, but they may not be compliant - so you need to check them.

Some background information on your circumstances would be good, i.e. employment etc.

1. do I wait for those documents from them and further letters?

Yes.

2. do I inform the court I am waiting for those documents from Cabot and Mortimer?

No, you don't have to, they've put the account on 'hold', so won't go for a Default Judgement, once you get the documents
they should give you a reasonable period to examine the documents and file your Defence with the Court.

3. If the documents are not provided within the 28days the court has given me, what do I do please?

You could lodge your Defence with the Court, but they've stated the account is on 'hold' until they provide the documentation,
so wait for an update from them.

Take a look at the example Defence, but don't do anything with it, at this time.

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

Also it might be an idea to send the original creditor a Subject Access Request, make sure you get Proof of Postage -

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

Also the debt, interest fees don't add up, a bit of a 'muddle'.

[Gift123]

Hi ECHATT11,

thank you so much for the reply. I will update the thread as soon as I get anything through the post. Thank you

[Gift123]

On my employment basis, I am currently not in employment due to having a baby as I worked as a staffbank nurse so I currently do not earn anything apart from UC. Thanks

[echat11]

On my employment basis, I am currently not in employment due to having a baby as I worked as a staffbank nurse so I currently do not earn anything apart from UC. Thanks

O.K. update when you get a response.

[Gift123]

Hi
i have got an update from Mortimer. They sent a letter saying they are still waiting for the requested documents from Cabot and in the meantime time Cabot can not obtain a ccj against me but I still owe the said amount with interest and should call them to arrange payment.

I checked my credit file and the said credit card is not on there as it has passed 6years and come off but the last payment made to Cabot was in April 2021. Can I argue that it is statured barred as it is no more on my credit file and cannot be enforced or because I made payment to Cabot about 4years it has 2years more to be barred.

thank you for your help.

[echat11]

Hi
i have got an update from Mortimer. They sent a letter saying they are still waiting for the requested documents from Cabot and in the meantime time Cabot can not obtain a ccj against me but I still owe the said amount with interest and should call them to arrange payment.

I checked my credit file and the said credit card is not on there as it has passed 6years and come off but the last payment made to Cabot was in April 2021. Can I argue that it is statured barred as it is no more on my credit file and cannot be enforced or because I made payment to Cabot about 4years it has 2years more to be barred.

thank you for your help.

No, 'Can I argue that it is statured barred as it is no more on my credit file and cannot be enforced or because I made payment to Cabot about 4years it has 2years more to be barred.'

[Gift123]

Hi ECHAT11,

I have received a letter from Mortimer saying they cannot provide the documents I have requested so they’re now sending my file back to my original debtor. Cabot cannot make enforcement against me at court or request a CCJ against me. In the meantime I still owe the amount without the interest and court fees they put on.

what do I do now or to expect next please? Thanks for all your help.

[echat11]

Hi ECHAT11,

I have received a letter from Mortimer saying they cannot provide the documents I have requested so they’re now sending my file back to my original debtor. Cabot cannot make enforcement against me at court or request a CCJ against me. In the meantime I still owe the amount without the interest and court fees they put on.

what do I do now or to expect next please? Thanks for all your help.

you don't need to do anything, the Creditor has decided not to pursue the case at this time.
Just get on with stuff.

If purse then update the thread.

No doubt it will be 'stayed'.

[Pezza54]

IMO the claim is not stayed
Please read CPR 15.11
The claim is automatically stayed after at least 6 months has elapsed from the date the defence was due to be filed and the defendant has not filed a defence or admitted the debt and the claimant has not requested judgement
The solicitor has stated no further court action will be taken but can you trust them?

[Gift123]

Thank you. I will update if I get anything through the post.

[Gift123]

Hi,

Cabot got off my case a bit after not been able to provide the CCA agreement. They have started calling and sending me letters again to start making payments. I have been ignoring them. I have just seen another text from a company called H collect asking me to contact them regarding debt. I’m not sure if it’s Cabot again instructing them as the Cabot debt is the only one I know about and it’s not even on my credit file. I read somewhere it’s illegal for them to ask another company to contact me whiles they couldn’t provided requested documents. I’m not sure how true that is. What do I do please? Do I ignore them both?

thank you for your help.