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

[FlamingParrot]

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

I have looked at your statements again, which were not very clear to me because transactions were listed in a single column and I'm used to two column statements. Anything in brackets would be a payment, whilst everything else is a charge. That means the ROP payments were charges rather than payments, even though they are labelled 'ROP payment' which is what confused me. :confused2:

So the last payment was in June 2008, £25, the rest were all charges and not payments, and so were the ROP payments, they were charging you for the service, not making payments. That means you have nothing to worry about with regards to SBd, it should have been SBd in July 2014, as long as the claim was issued after that you should be OK. :whoo:

[lynneburns05]

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

the claim was issued 20/06/14 but I haven't received a copy of the credit agreement off them yet as I said when I sent in the request to Cabot they said they couldn't find the account and send my Address in full which was all ready on the letter twice.

[FlamingParrot]

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

the claim was issued 20/06/14 but I haven't received a copy of the credit agreement off them yet as I said when I sent in the request to Cabot they said they couldn't find the account and send my Address in full which was all ready on the letter twice.

I've just looked at your statement again and last payment date was 23/06/2008, that would mean they got the claim just in time to avoid it going SBd. If the £25 payments were contractual payments, then the cause of action wouldn't have been till at least the 24th of July, i.e. after you'd missed your first payment, however, if they were post-default payments then you'd have missed it being SB by just three days! :Cry:

Non-compliance with s.78 is still a bar to enforcement though. :grin:

What's the current status of this claim, have they actually applied to lift the stay and proceed or have they just sent you a bunch of statements out of the blue? If the case has been stayed for over a year, it may be time to think about strike out. :thumb:

[lynneburns05]

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

they just sent me the statement and the notice of assignment with the letter saying they think they have enough to proceed so no got nothing from court.

[nemesis45]

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

they just sent me the statement and the notice of assignment with the letter saying they think they have enough to proceed so no got nothing from court.

Hi I'm trying to pick up on your thread.
No CCA has been supplied ?
Is that correct?
This statement is it a full statement of the account or just a statement of the current balance.?

No further communication from the court at all?

From what I've had time to read and the prolonged stay I think it's time to4
invite Cabot to withdraw.

I can help with a letter if you wish.

nem

[lynneburns05]

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

they have not sent me the credit agreement I didn't have an account number so I put what was on the court claim, they snt a letter back saying they couldn't find me and could I send them my full address which was on the letter twice once even stating it was re and I put my full name and address, I heard nothing till a couple of weeks ago when they said they think they have enough to proceed . It is a full statement and the letter of assignment that is all I have had.

[lynneburns05]

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

yeah I will take the help with a letter as I am way out of my depth here.

[nemesis45]

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

yeah I will take the help with a letter as I am way out of my depth here.

OK Lynne,
I'll put something together and get back a little later.

nem

[lynneburns05]

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

ok thank you very much.

[lynneburns05]

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

so I take it they probably haven't got enough to proceed, am I right in thinking that?.

[nemesis45]

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

so I take it they probably haven't got enough to proceed, am I right in thinking that?.

Hello Lynne sorry for not getting back sooner I had intended to get the letter sorted the morning but was called away.
Trying to catch up with everything now.
I think they have a very thin claim.

nem

[lynneburns05]

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

they gave me 30 days to accept there offer, I just don't know what to do. I only have till about the 5th Nov to reply.

[lynneburns05]

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

can anyone give me advice on this please?

[Kati]

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

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION]??

[lynneburns05]

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

I know you can only advise me but if they can take this back to court even without producing the credit card agreement then I would prefer to pay the lesser amount rather than the full amount.