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

[lynneburns05]

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

ok i have e-mailed the court and got a standard response of acknowledgement. I will write to Cabot Financial again quoting the claim number, name, address and the solicitors name.

[Amethyst]

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

Ask anything you need to ask, ASK, sometimes we can forget how tough it is making head or tail of things at the beginning xxx

[Kafka]

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

What this all means in simple terms is that they don't hold the legal documentation that they are required to have before filing at court (which is par for the course). Their hope is that people will cave in and pay them, but now you have called their bluff and they are panicking to find the documents from the original creditor. If they still can't provide them after a further 28 days then basically their claim is a damp squib and it needs to be kicked into the long grass.

[lynneburns05]

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

Hi,
My extra 28 days is up on the 19th August up to now still nothing in regards to the letters I sent, what do I do now .
Thanks

[Amethyst]

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

Hi

It's a case of putting together a defence based on the facts as they are at this time and the non compliance with your CCA request.

Sharon
xx

[lynneburns05]

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

Hi,
Ok, how do I do that is there a form I have to fill out or can I do it on-line? and when do I put it in to the court ?

Thanks xx

[lynneburns05]

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

Hi,
I submitted my defence basically saying I couldn't file a defence as none of the documents I requested had been supplied, so this is what I have received see attachments....... so now what do I do any advice would be appreciated.

Thanks

[Amethyst]

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

All good, just a case of waiting to see whether they find the paperwork and continue the claim now xx

[lynneburns05]

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

Hi,
Haven't heard anything about this up to now so was wondering on the letter from the court it says about the case could be stayed what does this mean please.
Thanks

Lynne x

[Kafka]

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

It basically means that they have put the claim on ice as the Claimant hasn't supplied the required documentation. That's not surprising for a 2004 agreement. It's not wholly clear what you mean by "could be stayed" and we need to read the precise wording of the order. Did the court place a stipulation on this?

As you have challenged them to produce it - as the CCA requires, then they can't proceed now without stumping up and it looks like they can't get it from the original creditor. Best to just wait now and hope they don't make progress!

[lynneburns05]

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

HI, really need some help again just got a lot of paperwork through about this today, I have checked and the last payment made on this was 23/06/2008 so what do I do.
Thanks in advance

[FlamingParrot]

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

HI, really need some help again just got a lot of paperwork through about this today,

So it's taken them a year to come up with the paperwork! We'd need to see what the paperwork relates to, is there a copy of your agreement?

I have checked and the last payment made on this was 23/06/2008 so what do I do.
Thanks in advance

Did you defend saying it was statute barred? When was the claim issued?

[lynneburns05]

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

I will try and get the documents on later and no I didn't have any paperwork so didn't know if it was statute barred all I knew was what had been put on the court document this is the first documentation I have and it shows all payments from 2004 and the last payment was made on the 23/06/2008, there is no copy of my agreement just a very long statement a letter with an offer to pay half and a means test form, oh the claim was issued 20th June 2014.

[FlamingParrot]

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

I will try and get the documents on later and no I didn't have any paperwork so didn't know if it was statute barred all I knew was what had been put on the court document this is the first documentation I have and it shows all payments from 2004 and the last payment was made on the 23/06/2008, there is no copy of my agreement just a very long statement a letter with an offer to pay half and a means test form, oh the claim was issued 20th June 2014.

Looks like they issued the claim just in the nick of time! :eek2:

I will try and get the documents on later and no I didn't have any paperwork so didn't know if it was statute barred all I knew was what had been put on the court document this is the first documentation I have and it shows all payments from 2004 and the last payment was made on the 23/06/2008, there is no copy of my agreement just a very long statement a letter with an offer to pay half and a means test form, oh the claim was issued 20th June 2014.

If they are still in default of your CCA request I don't see why they are bothering resurrecting the claim. What you describe above doesn't sound like anything of any substance, not unless you'd submitted a SBd defence and the statements and offer were intended to disprove that fact.

Have you heard anything from the court about them applying to lift the stay to continue with the claim?

[lynneburns05]

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

no not a thing they say in there letter that it is so they don't have to pursue the matter in court.