cabot county court claim statue barred

[pel007]

Re: cabot county court claim statue barred

Here is a update. Mortimer clarke recieved the cpr and letter about it being sb last monday 15th feb but not heard back yet.. Also sent cca recorded but so far when tracking there is no information so not sure if they have delivered it and not signed which they do to me all the time or have lost the letter. Royal mail have told me to wait 10 working days before checking. Should i be submiting my defence as im sure time is running out. Issue date on court paper is 5th feb

[pel007]

Re: cabot county court claim statue barred

[MENTION=55034]nemesis45[/MENTION] any idea what i should do now as still no reply and dont want to leave it to late. Thanks

[nemesis45]

Re: cabot county court claim statue barred

Here is a update. Mortimer clarke recieved the cpr and letter about it being sb last monday 15th feb but not heard back yet.. Also sent cca recorded but so far when tracking there is no information so not sure if they have delivered it and not signed which they do to me all the time or have lost the letter. Royal mail have told me to wait 10 working days before checking. Should i be submiting my defence as im sure time is running out. Issue date on court paper is 5th feb

Hello pel,

I am concerned about Cabot's latest " dirty trick" of denying receipt of CCA request or stating the fee was not included I'm inclined to say e-mail them
and ask if it has been received. I would check the tracker every day too.
You have 33 days from date of service to file your defence.

nem

[pel007]

Re: cabot county court claim statue barred

Hello pel,

I am concerned about Cabot's latest " dirty trick" of denying receipt of CCA request or stating the fee was not included I'm inclined to say e-mail them
and ask if it has been received. I would check the tracker every day too.
You have 33 days from date of service to file your defence.

nem

Thanks nem. Will email them tomorrow, if they havent received should i send another one.
also does mortimer clarke need to respond within a certain time as they received monday 15th. Thanks

[nemesis45]

Re: cabot county court claim statue barred

Thanks nem. Will email them tomorrow, if they havent received should i send another one.
also does mortimer clarke need to respond within a certain time as they received monday 15th. Thanks

s

Yes certainly send again 12 +2 Working days to comply pel.

nem

[pel007]

Re: cabot county court claim statue barred

s

Yes certainly send again 12 +2 Working days to comply pel.

nem

Just had a response from mortimer clarke.

"We confirm our client is willing to agree to the 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.

For the avoidance of doubt this firm does not hold the documentation and we have passed your request to our client who may in turn need to liaise with the original creditor.

You have alleged that the debt is statute barred. Section 5 of the limitation act 1980 provides that an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. However section 29(5) of the limitation act 1980 states:
"....where any right of action has accrued to recover... any debt or other liquidated pecuniary claim... and the person liable or accountable for the claim acknowledges the claim or makes any payment in respect of it the right shall be treated as having acceued on and not before the date of the acknowledgment or payment,"

We have been instructed by our client that the last payment was made towards this debt on 04/05/2011. As such, our client's claim is not statute barred and our client is entitled to enforce the debt. If you disagree please set out the precise legal basis.

Would like to see the evidence of this such payment because it wasnt made. Can anyone advise on what i should do next, thanks.

[nemesis45]

Re: cabot county court claim statue barred

Just had a response from mortimer clarke.

"We confirm our client is willing to agree to the 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.

For the avoidance of doubt this firm does not hold the documentation and we have passed your request to our client who may in turn need to liaise with the original creditor.

You have alleged that the debt is statute barred. Section 5 of the limitation act 1980 provides that an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. However section 29(5) of the limitation act 1980 states:
"....where any right of action has accrued to recover... any debt or other liquidated pecuniary claim... and the person liable or accountable for the claim acknowledges the claim or makes any payment in respect of it the right shall be treated as having acceued on and not before the date of the acknowledgment or payment,"

We have been instructed by our client that the last payment was made towards this debt on 04/05/2011. As such, our client's claim is not statute barred and our client is entitled to enforce the debt. If you disagree please set out the precise legal basis.

Would like to see the evidence of this such payment because it wasnt made. Can anyone advise on what i should do next, thanks.

Hello Pel,
Make sure you inform the court in writing about the extension ( e-mail with their letter attached is fine)
No mention of how much was paid?

CCA Request not yet complied with?

I would suggest writing to MC. (If you do not recognise this payment) along the lines of:

Ref: CC Claim Number..............................:

Sir/ Madam,

I refer to your letter dated ....................... in response to my statement that this alleged debt is statute barred.

I do not acknowledge any liability for the alleged debt and nor do I acknowledge any such payment being
paid by me nor have I authorised any 3rd party to make any payment on behalf.

I am sure that Mortimer Clarke and it's client are fully aware that alleging that a payment was is not sufficient
to prove any such payment was made by me or an authorised 3rd party.

Therefore I require unequivocal proof of the amount of the alleged payment, the method of payment and identity
of the person making the alleged payment.
You are no doubt aware the onus of proof of such an alleged payment falls entirely upon your client.
I will allow 7 working days for your client to respond,

Yours etc.

Use signed for post.

[pel007]

Re: cabot county court claim statue barred

Hello Pel,
Make sure you inform the court in writing about the extension ( e-mail with their letter attached is fine)
No mention of how much was paid?

CCA Request not yet complied with?

I would suggest writing to MC. (If you do not recognise this payment) along the lines of:

Ref: CC Claim Number..............................:

Sir/ Madam,

I refer to your letter dated ....................... in response to my statement that this alleged debt is statute barred.

I do not acknowledge any liability for the alleged debt and nor do I acknowledge any such payment being
paid by me nor have I authorised any 3rd party to make any payment on behalf.

I am sure that Mortimer Clarke and it's client are fully aware that alleging that a payment was is not sufficient
to prove any such payment was made by me or an authorised 3rd party.

Therefore I require unequivocal proof of the amount of the alleged payment, the method of payment and identity
of the person making the alleged payment.
You are no doubt aware the onus of proof of such an alleged payment falls entirely upon your client.
I will allow 7 working days for your client to respond,

Yours etc.

Use signed for post.

No that is everything on letter word for word. So no mention of how much was paid. We made no payment and have not instructed anyone to make a payment for us so they must be making it up.
still nothing regarding cca, still nothing showing on royal mail tracking and they have not responed to email asking if they had receive. So will send another one tomorrow.
also shouldnt motimer clarke have provided the documents requested in the cpr as they have not provided.

[nemesis45]

Re: cabot county court claim statue barred

No that is everything on letter word for word. So no mention of how much was paid. We made no payment and have not instructed anyone to make a payment for us so they must be making it up.
still nothing regarding cca, still nothing showing on royal mail tracking and they have not responed to email asking if they had receive. So will send another one tomorrow.
also shouldnt motimer clarke have provided the documents requested in the cpr as they have not provided.

Hello Pel,

It is worrying that Cabot at moment is using what can only be described a underhand dirty tricks with CCA requests, by denying receipt and /or claiming the stat fee was not received, so you need to keep the signed for post and PO receipts safe.
nem

[pel007]

Re: cabot county court claim statue barred

Hello Pel,

It is worrying that Cabot at moment is using what can only be described a underhand dirty tricks with CCA requests, by denying receipt and /or claiming the stat fee was not received, so you need to keep the signed for post and PO receipts safe.
nem

Will be sending the cca again with another postal order. Will send this one special delivery.
with the extension 28 days is that on top of the 33days

[pel007]

Re: cabot county court claim statue barred

[MENTION=55034]nemesis45[/MENTION]
Hi its been a while since last on but finally got a response from them. First mortimer clarke sent me a letter with the following.
"Thankyou for you recent correspondence.
We are taking our clients instructions in relation to your request and will come back to you as soon as we can. In the meantime the matter has been placed on hold."

Then i have just received this from cabot: " thankyou for your request for information under sections 77-79 of the consumer credit act 1974.
We currently do not have this information on file. However, i have requested the relevant details, which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender. In the meantime, i would like to inform you that your account shall remain on hold with the customer care department until such time we can comply with your request.
Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in court. However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore i would recommend you contact us as soon as possible to set up a repayment arrangement or continue with your existing payment plan."

So whats my next step?

[nemesis45]

Re: cabot county court claim statue barred

@nemesis45
Hi its been a while since last on but finally got a response from them. First mortimer clarke sent me a letter with the following.
"Thankyou for you recent correspondence.
We are taking our clients instructions in relation to your request and will come back to you as soon as we can. In the meantime the matter has been placed on hold."

Then i have just received this from cabot: " thankyou for your request for information under sections 77-79 of the consumer credit act 1974.
We currently do not have this information on file. However, i have requested the relevant details, which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender. In the meantime, i would like to inform you that your account shall remain on hold with the customer care department until such time we can comply with your request.
Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in court. However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore i would recommend you contact us as soon as possible to set up a repayment arrangement or continue with your existing payment plan."

So whats my next step?

Good morning pel, Cabot's and Mortimer Clarke's " on hold" means nothing in regard to the court process which continues unless a formal " extension of time" ( max 28 days ) is agreed and notified to the court by you.

You need to ensure that any documents received from the court and any documents e.g. your defence are properly completed and filed as required and on time.

( Cabot's letter is a standard template)

nem

[pel007]

Re: cabot county court claim statue barred

Good morning pel, Cabot's and Mortimer Clarke's " on hold" means nothing in regard to the court process which continues unless a formal " extension of time" ( max 28 days ) is agreed and notified to the court by you.

You need to ensure that any documents received from the court and any documents e.g. your defence are properly completed and filed as required and on time.

( Cabot's letter is a standard template)

nem

Hi nem, so i have to do defence then.
Do i still have time to. Issue date was 5th feb. They agreed extension which i emailed to court and phoned to confirm they had received. That extension would probably be running out about now then.
How do i do my defence? Thanks.

[Noah]

Re: cabot county court claim statue barred

Hi
Yes you still need to enter a defence
The defence can be entered online , there are some defence examples at the top of the page in green but they are based on just non receipt of documentations. If you are also claiming statute barred ( I have not read every post) this MUST be included

[nemesis45]

Re: cabot county court claim statue barred

Hi nem, so i have to do defence then.
Do i still have time to. Issue date was 5th feb. They agreed extension which i emailed to court and phoned to confirm they had received. That extension would probably be running out about now then.
How do i do my defence? Thanks.

Take a look at some other threads with defences so you get an idea of content and format, then see green " short cuts box " above for sample defence.

Make a draft post it here and we can go through it with you.

nem