Tweet
I received a claim form from Mortimer Solicitors in behalf of Cabot Financial about the capital one amounting £500+ .. It' is not on my credit file so I assumed it is statute barred?! please kindly help me of what to do regarding the claim form as it said I have 14 days to respond? please help.. thank you!
Loading...
-
Tags: None -
Please help !
I don't really know where to post but I'll post it again here sorry ...
I received a claim form from Mortimer Clarke Solicitor in behalf of Cabot Financial and they are chasing for a capital one debt amounting £500+. I believed that this is already a statute barred as it is not in my credit file.
I have 14 days to respond to the claim and I don't really know where to start , what letter to write Please kindly help me. -
Re: Crying for help ! Please!
Hi Shann23 & welcome to LB.
I'll ask our @Kati (nicely
) to move this to the court claim section of the forum.
Meanwhile the following info would help.
(Re statute-barred, when was the last time you paid into the account or acknowledged it in writing?).
Received a claim?
Issue Date:
Amount approx:
Claimant:
Solicitor:
Original Creditor:
Particulars of Claim: Please type out in full excluding names/account numbers
Is the debt Statute Barred?
List any letters you have sent:
Any Other Info:CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John SedgwickComment
-
Re: Please help !
Answered on your other thread.
http://legalbeagles.info/forums/show...773#post688773
[MENTION=49370]Kati[/MENTION] for infoCAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John SedgwickComment
-
Re: Crying for help ! Please!
Hi [MENTION=5553]charitynjw[/MENTION] thank you for your reply ..
Claim form received today 8th November
Issue date is 7th November 2016
Amount is £550 plus court fees
Claimant is CABOT FINANCIAL LIMITED UK
Solicitor MORTIMER CLARKE SOLICITORS
Original creditor CAPITAL ONE
PARTICULAR CLAIMS
By an agreement between Capital One and the Defendant on or around 12/06/2006 ('the agreement') Capital One agreed to issue the Defendant with a credit card. The Defendant failed to make minimum payments due and the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS £550
thats all in the letter :-( please help? no letter sent yet and no communication with them no payment or whatsoever . -and no acknowlegement as well.Comment
-
Re: Crying for help ! Please!
This info would help.(Re statute-barred, when was the last time you paid into the account or acknowledged it in writing?).CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John SedgwickComment
-
Re: Crying for help ! Please!
I didn't acknowledge anything in writing and no payment has been made .Comment
-
Re: Crying for help ! Please!
When was the last repayment you made to the credit card, not CabotComment
-
Re: Crying for help ! Please!
oh sorry.. last payment made was 2007/8 because of some problems arrived at that time ... :-(Comment
-
Re: Crying for help ! Please!
[MENTION=39331]ostell[/MENTION] [MENTION=5553]charitynjw[/MENTION] can't really remember the last payment date to thw capital one but it is either late 2007 or earlier 2008 ..Comment
-
Re: Crying for help ! Please!
Ok, getting there slowly but surely!
Can you prove (from your records) when the last payment was made?
Are you sure there have been no payments made via debt management plans or similar?
Are you sure that you have not given any written acknowledgement of this alleged debt in the last 6 years or more?CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John SedgwickComment
-
Re: Crying for help ! Please!
So 07/08 definatly statute barred by your dates if correct and unenforceable through the courts but unfortunately you will still have to go through the process of defending so you don't get a default judgment...
There a few letter to send out and that's an easy enough process and all templated can be found in http://www.legalbeagles.info/forums/...-a-Court-Claim in green at the top off the page...Comment
-
Re: Crying for help ! Please!
[MENTION=5553]charitynjw[/MENTION] yes I am sure no acknowledgement or payment has ever been made or similar to that. and I was not in this country from April 2008 to March 2011 and no payment has ever been made to Capital or Cabot or anything similar.Comment
-
Re: Crying for help ! Please!
[MENTION=69750]Stu[/MENTION] thank you for your reply.. I am not really in the right mind right now been crying and scared.. I am just starting to get my life back and then received a letter today.
do I have to go to the website they were saying to respond? what is the first letter to send and to who? thank you so much I appreciate you all taking the time to help me. I was young and stupid back then.Comment
-
Re: Crying for help ! Please!
The first & most important step is to acknowledge the claim with the court.
You have received a claim pack from them; follow the instruction given (you can do all this on-line).
We can then move on to the next steps.CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John SedgwickComment
1 of 2
<
>
SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
2 of 2
<
>
Support LegalBeagles
LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.
See more
See less
Comment