Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

[Streetwise]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

no i'm a carer for my autistic child.

Need to get a statement of the account,problem is they have started the claim and you say you owe the money,have they written to you before and offered you payment plans,have you ever been in touch with them.

[lynneburns05]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

No i have never been in touch with them, when my ex left i was left with all the debt looks like, really don't need this just had septiceamia anyway I will fill in the form and offer installments, thanks for ur help very much appreciated.

[Streetwise]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

No i have never been in touch with them, when my ex left i was left with all the debt looks like, really don't need this just had septiceamia anyway I will fill in the form and offer installments, thanks for ur help very much appreciated.

Acknowledge the claim,you could then send of to Cabot for the C.C.A. agreement and see what comes back.

[lynneburns05]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

Ok i'll do that again thanks

[Kafka]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

I would send CPR 31.14 Request to Mortimer Clarke as well as the CCA to Cabot. The CPR request demands disclosure of key documentation that you need to see to frame a defence.

Send these letters by Special Delivery if you can (costs about £6 each) so they arrive tomorrow, as time is very short now they have filed at court.

Shout if you need help with these.

[Streetwise]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

I would send CPR 31.14 Request to Mortimer Clarke as well as the CCA to Cabot. The CPR request demands disclosure of key documentation that you need to see to frame a defence.

Send these letters by Special Delivery if you can (costs about £6 each) so they arrive tomorrow, as time is very short now they have filed at court.

Shout if you need help with these.

The only document mentioned in the claim is the C.C.A. agreement,so i don't think the C.P.R. request would generate anything. First class recorded delivery is about £2.00,remember to inclose a postal order made out to Cabot for a£1.00, and add in the letter that the postal order is for the C.C.A. request only and nothing else.Don't admit anything at this stage.

[lynneburns05]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

Sorry how do i acknowledge the claim is it the one asking for 28 days ?

[Streetwise]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

Sorry how do i acknowledge the claim is it the one asking for 28 days ?

Yes.

[lynneburns05]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

ok I did that, i'll send those letters of now Thanks again x

[Kafka]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

The only document mentioned in the claim is the C.C.A. agreement,so i don't think the C.P.R. request would generate anything. First class recorded delivery is about £2.00,remember to inclose a postal order made out to Cabot for a£1.00, and add in the letter that the postal order is for the C.C.A. request only and nothing else.Don't admit anything at this stage.

The POC does refer to the date of assignment, so they will need to justify that that did take place so that they hold legal title to sue for the debt. The defendant is entitled to see evidence that the account was indeed correctly assigned and that a valid Notice of Assignment was sent.

[Streetwise]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

The POC does refer to the date of assignment, so they will need to justify that that did take place so that they hold legal title to sue for the debt. The defendant is entitled to see evidence that the account was indeed correctly assigned and that a valid Notice of Assignment was sent.

Missed that. But has she has received nothing from Cabot in the past don't think she will have been sent the notice of assignment,and as the default notice is January 2009, and they claim the notice of assignment is October 2009 i was hoping we could be making tracks towards S.B.,and looking to buy time,and asking for these things down the line.:beagle:

[lynneburns05]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

Sorry again I know I'm being a pain having to keep asking, there isn't an account number on the court papers so what should i put on the letter.

[Streetwise]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

Sorry again I know I'm being a pain having to keep asking, there isn't an account number on the court papers so what should i put on the letter.

I would think just the details entered at defendant as on the claim form.

[lynneburns05]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

Hi,
Is the 28 days acknowledged in anyway as I haven't had an e-mail to say it has been granted or anything.

[Kafka]

Re: Please Help!! Cabot Financial/Mortimer Clarke/County Court Business Centre

The acknowledgement of service isn't acknowledged by the court and they will be waiting for the next move. That will be from you either submitting a defence or informing them that you still can't submit the defence because they haven't complied with your requests for disclosure.

Please can you confirm that you did send the 2 requests as I said in post #20?

The court claim is dated 20 June and that is called the date of issue, but the time for response dates from a few days after that known as the date of service, when you are deemed to have received the claim.

As long as you acknowledge service and request disclosure you usually get a response from the DCA saying that they can't produce the documentation and they have had to send to the original creditor for the papers. If they get supplied we can work out the right defence, but if they they don't then you can inform the court that they haven't complied and eventually maybe ask the court to strike out the claim (but that's for the future). You need to keep an eye on the dates and make sure that you don't end of waiting so long that you don't inform the court within the 28 days from the date of service.