Cabot and Mortimer Clarke Court Claim

[dreadleg]

Received a claim? Yes
Issue Date: 27-02-15
Amount approx: £837 including costs
Claimant: Cabot
Solicitor: Mortimer Clarke
Original Credit: Everyday Loans
Stat Barred? Unsure
Particulars of Claim: By an agreement between EVERYDAY LOANS (EVDL) & the defendant on or around 16/02/2007 ("the agreement") EVDL agreed to loan the defendant monies under the terms and conditions set out therein. in brreach of the agreement the defendant did not pay the instalments as they fell due and the agreement was terminated. the agreement was assigned to the claimant. The claimant therefore claims £707.91.


Have sent: CCA request.

Other Info:

I received a letter 19th Feb (dated 10th Feb) from Mortimer Clarke stating they had been instructed to take court proceedings against me on behalf of Cabot Financial after not agreeing payment terms on a debt originating with Everyday Loans. Upon receipt I sent a CCA request with £1 postal order to both Mortimer Clarke and Cabot. On Monday I received a letter from Cabot (dating 24th Feb) stating they received my request and have contacted the original lender for the documents and anticipate to be able to provide this within 40 days. The next day (today) I received a claim form from Northampton CC with Cabot as claimant and Mortimer as solicitors.

The default for the above fell off my credit file on 26th Feb 2015. However I am unsure if it is statute barred or not as cannot recall if I ever acknowledged the debt since then or made any payment plan (cannot check with bank as old account is now closed). I had many creditors that I fell into default with in 2008/9 after being made redundant.


My question is what to do now? I want to defend and if so on what basis? How can I find out for sure if this is stat barred?

[FlamingParrot]

Re: Cabot and Mortimer Clarke Court Claim

You need to start by acknowledging the claim within 14 days.

ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it. See here: http://www.legalbeagles.info/forums/...313#post499313

If you sent a CCA request less than 30 days ago, there's no need to send a new one, so you can just skip this step and send the CPR request.

Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

[FlamingParrot]

Re: Cabot and Mortimer Clarke Court Claim

I received a letter 19th Feb (dated 10th Feb) from Mortimer Clarke stating they had been instructed to take court proceedings against me on behalf of Cabot Financial after not agreeing payment terms on a debt originating with Everyday Loans. Upon receipt I sent a CCA request with £1 postal order to both Mortimer Clarke and Cabot. On Monday I received a letter from Cabot (dating 24th Feb) stating they received my request and have contacted the original lender for the documents and anticipate to be able to provide this within 40 days. The next day (today) I received a claim form from Northampton CC with Cabot as claimant and Mortimer as solicitors.

The default for the above fell off my credit file on 26th Feb 2015. However I am unsure if it is statute barred or not as cannot recall if I ever acknowledged the debt since then or made any payment plan (cannot check with bank as old account is now closed). I had many creditors that I fell into default with in 2008/9 after being made redundant.

My question is what to do now? I want to defend and if so on what basis? How can I find out for sure if this is stat barred?

You could send a Part 18 request such as shown here: http://www.legalbeagles.info/forums/...233#post388233

[dreadleg]

Re: Cabot and Mortimer Clarke Court Claim

You need to start by acknowledging the claim within 14 days.

ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it. See here: http://www.legalbeagles.info/forums/...313#post499313

If you sent a CCA request less than 30 days ago, there's no need to send a new one, so you can just skip this step and send the CPR request.

Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If I acknowledge the claim to extend to 28 days can judgement still be served against me and I receive a CCJ if the CCA documents are provided or can I change to not defend later without receiving a judgement?

[FlamingParrot]

Re: Cabot and Mortimer Clarke Court Claim

If I acknowledge the claim to extend to 28 days can judgement still be served against me

Only if you do not submit a defence within the 28 days or agree to an extension with the solicitors, which you can try and do if they've not responded to your CPR request in 7 days. MC have been known to agree. :thumb:

and I receive a CCJ if the CCA documents are provided or can I change to not defend later without receiving a judgement?

It's not very likely they will provide the documents. If you decide to settle the claim instead of defending it, you can make an offer of settlement at any time, right up to the day of the hearing, so there's no rush.

[dreadleg]

Re: Cabot and Mortimer Clarke Court Claim

Only if you do not submit a defence within the 28 days or agree to an extension with the solicitors, which you can try and do if they've not responded to your CPR request in 7 days. MC have been known to agree. :thumb:


It's not very likely they will provide the documents. If you decide to settle the claim instead of defending it, you can make an offer of settlement at any time, right up to the day of the hearing, so there's no rush.

Ok. Thank you very much for your help. I will acknowledge the claim and send CPR. Also am I right in that Cabot should respond to my CCA request within 12+2 days rather than the 40 they have suggested?

[FlamingParrot]

Re: Cabot and Mortimer Clarke Court Claim

Ok. Thank you very much for your help. I will acknowledge the claim and send CPR. Also am I right in that Cabot should respond to my CCA request within 12+2 days rather than the 40 they have suggested?

The law states 12 working days + 2 allowed for service. After that period elapses, they are in default of your request and this can be used as part of your defence.

No idea where Cabot got their 40 days from, :noidea: they seem to have got the timescales mixed up with those for compliance with a SAR, where they do have 40 days to respond, but then a SAR is meant to produce all statements and historical data on all your accounts not just a copy of your agreement.

[dreadleg]

Re: Cabot and Mortimer Clarke Court Claim

An update on this if I could get some further help.

Following my CPR request to Mortimer Clarke I today received a letter from them stating:

'Further to your letter................................ we are taking our clients instructions in relation to your request and will come back to you as soon as we can. We confirm our client is willing to agree to an extension of 28 days, for you to file your defence. Pursuant to CPR 15.5 (2) please notify the court in writing of the agreement'

Not sure how to take this. I did an acknowledgement of service which gave me 28 days from date of service. Is this letter giving me a further 28 days on top of this or is it acknowledging acceptance of my acknowledgement of service for 28 days? Do I need to contact the court to tell them this?

They have not provided any of the documents I requested in the CPR (is there a legal timescale for which they have to provide this?)

Further to that Cabot still have not provided me anything from my CCA request. They are now in breach of 12+2 days. Should I send them a letter to follow up their initial letter stating it would take 40 days? Or send something else?

Thankyou in advance for any help.

[dreadleg]

Re: Cabot and Mortimer Clarke Court Claim

Bump.

can anyone help and advise further on the above?

[dreadleg]

Re: Cabot and Mortimer Clarke Court Claim

Bump

[lowlowlola]

Re: Cabot and Mortimer Clarke Court Claim

Yes... they are giving you a further 28 days but you MUST inform the court as it is your responsibility . Send a letter recorded delivery with a copy of theirs in it. It is really important that you stuck to the time scales work out when your 28 + 28 day submission date is. you need to start working on your defence now and get every thing ready to post up here at least a week before the deadline it is always advisable to submit to the courts at least a couple of days before . Last minute will not work in your favour , the folks on here are amazing but super busy !! . If they haven't supplied documents 14 days before your submission date post up here for further advice .

Make sure you read through the cca 1974 and cpr rules

Dont chase the section. 78 request that may stand in your favour !
Good luck !