Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

[nemesis45]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

Just got off the phone with CCBC and the lady I spoke to said the case was stayed on the 19th of this month. Wasn't sure if Cabot had applied to carry on due to being behind with claims at the moment but told me if they hadn't applied by the 19th and they try after then they'd need to pay a fee or something to start again.

That's right Cabot will have to pay a fee to lift the stay and continue the claim.

If the stay is not lifted in a few weeks then you have some choices leave as is. Apply to the court for the claim to be struck out (fee payable), or invite the claimant to discontinue the claim at their cost.

nem

[KjGarly]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

That's right Cabot will have to pay a fee to lift the stay and continue the claim.

If the stay is not lifted in a few weeks then you have some choices leave as is. Apply to the court for the claim to be struck out (fee payable), or invite the claimant to discontinue the claim at their cost.

nem

Will the court notify me when I have those choices to make? Or will I need to ring them again in a couple of weeks? Thanks for all the help, without it I honestly wouldn't have known what to do at all, really appreciate it!

[nemesis45]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

[QUOTE=KjGarly;644815]Will the court notify me when I have those choices to make? Or will I need to ring them again in a couple of weeks? Thanks for all the help, without it I honestly wouldn't have known what to do at all, really appreciate it![/QUOTE

You will be informed if the claimant lifts the stay. The rest is in your hands on what application to make and how to handle it we can suggest what is the best/most logical course of action.
We have to assume at this stage that Carboot does not have the documents to prove its claim.

nem

[KjGarly]

Figured I'd just add this to my old thread rather than start a new one as it's to do with the Cabot claim. After more than 2 years they sent out the credit agreement etc. With the letter they sent out it included a copy of the signed credit agreement, reconstituted true copy of the credit agreement, statements of account and the T&C's. They are still obviously asking for the debt to be paid along with court costs. Now I think it's still stayed as in 2 years I haven't heard anything from the county court. So should I call up the county court and find out the status of the case?

What do I do next in regards to the letter received and debt? Looking at my statements the last payment to Capital One was on 07/03/2010 which is the date it defaulted right? Any advice on where I can proceed from here would be greatly appreciated. Thank you.

And just to add the letter I received was from Cabot, not their solicitors Mortimer Clark.

nemesis45

charitynjw

[KjGarly]

Or can anyone else help with advice on what I could do next?

[KjGarly]

Just phoned the County Court just to get an update on the claim and the lady I spoke to confirmed it's still stayed with no attempts to unstay it and seems to think there will be no attempts to remove the stay.

[jaguarsuk]

Just phoned the County Court just to get an update on the claim and the lady I spoke to confirmed it's still stayed with no attempts to unstay it and seems to think there will be no attempts to remove the stay.

I'd disagree with her, you need to post here copies of what you have received with identifying information removed. Seems strange they have sent a reconstituted version of the CCA as well as a signed copy of one.

You really should have followed Nem's advice to apply to strike out the claim after 6-12 months.

[Amethyst]

They may well make an application to the court to lift the stay and request summary judgment, so yes you'll need to post up what they have sent. The claim won't be statute barred as it was taken to court before the 6 years was up from default/last payment.

Have they also sent default notice and notice of assignment?

Any other issues with the debt ?

Any possibility from your end of making a reduced settlement offer ( full & final ) ?

[KjGarly]

OK, this is all I've been sent so far and only from Cabot not Mortimer Solicitors. Paying it off would be impossible on my current income and I am paying off another credit card I currently use and 2 other "debts" I have a family to provide for so after all my bills etc get paid out each month I'm left with very very little.

Can't say I've had any other issues with the debt, as mentioned this is the first time since the County Court claim in 2016 that I've had anything from Cabot. I didn't take pics of the T&C's from Capital One.

[Amethyst]

Hmm - not sure what the recon bit is meant to be but it's not what is illegible on the signed application form if that is what it's supposed to be. Also can you see any APR on there ?
Capital one recon agreements ( the terms ) are far longer than that.

[Amethyst]

SHort version that seems to be same but a bit clearer http://legalbeagles.info/forums/foru...gned-agreement and this is the terms - http://legalbeagles.info/forums/foru...2005#post59361 - the first page is the same as what you have ( you need to remove your copy as you left details on it ) so did they send the rest of the document?

[jaguarsuk]

The credit agreement looks illegible to me, so to say the recon is of the illegible terms should be challenged as it could be anything they have just made up to suit their case.

Also, no notice of default or assignment.

[KjGarly]

SHort version that seems to be same but a bit clearer http://legalbeagles.info/forums/foru...gned-agreement and this is the terms - http://legalbeagles.info/forums/foru...2005#post59361 - the first page is the same as what you have ( you need to remove your copy as you left details on it ) so did they send the rest of the document?

Didn't even notice my details on that one doh! They sent the rest of it I just didn't think I'd need to put that on too, shall I?

[KjGarly]

The credit agreement looks illegible to me, so to say the recon is of the illegible terms should be challenged as it could be anything they have just made up to suit their case.

Also, no notice of default or assignment.

There was also a copy or print out of my credit cards transactions/payments/failed payments too which is 9 months worth. If I'm to challenge anything is there any templates or anything to help with it?

[Amethyst]

I don't think you need to - is it same as the one I linked you to - with interest rates etc on second page etc?