Claim form received, guidance needed pls

[Dogwoof21]

Received a claim? Yes
Issue Date: 16/04/21
Have you Acknowledged the Claim?: yes
Total Amount Claimed : £7,000
Claimant’s Name:Cabot
Solicitors Firm:Mortimer Clarke
Original Creditor: M&S
Original Debt (eg. Credit card/Loan/Overdraft) : CC
Particulars of Claim: failed to make min payments (although was making agreed reduced payments), terminated and assigned to Cabot
Is the debt Statute Barred: 2017 last contact
List any letters you have sent (eg: CCA/ CPR ):estoppel notice 2018. I have drafted CCA letter and CPR 31.4 letter. Also CPR-18??
Any Other Information or Background Details:
never received any “letter before action/claim” just odd chasing letters for info.

I am ready to send the CCA & CPR 31.4. Just after some guidance pls as feel they are very underhanded in their approach.

[MIKE770]

estoppel notice 2018. freeman of the land?? ahhhhh 1st clue they have that you are attempting to deviate from an alledged debt!? do not mention again to them in proceedings!!! they are following procedure so send them off and keep records and proof postings?

[Dogwoof21]

Ok thank u. Confused though that I still received the claim form this morning.....
They sent a letter dated 12th March giving me 30 days to reply (b4 11th April) saying we want to work with you.
But then I get another letter dated 19th March only giving me 14 days to reply (b4 2nd April) ??? Surely they should have just sent the one letter and wait for my reply which I sent requesting more info? And also should they not have replied to that rather than just going ahead with Claim? Seems underhanded. Thank u.

[MIKE770]

letter of claim one of them many pages of fill in etc Pre-Action Letters ??????

[Dogwoof21]

Letter on 12th March was reply form, info sheet etc which I sent back (I have kept a copy, posted on 1st April) “Please contact us within 30 days, we want to work with you to avoid legal action. If we do not hear from you, Cabot will ask us to issue court proceedings and then we will ask the court for a CCJ”. So I did reply in good time.
Letter dated 19th March which, which I don’t think the should have sent as over lapped the above one, again says we need to talk to you, would prefer to address the debt.......14 days date of letter.
I didn't reply to this one as it was just one page with no other documents, so I filled out the documents from the letter dated 12th.
Also their address is a P.O. Box so they know we can’t get proof of delivery, only proof of postage.

None of the letters have any specific title on them, just usual reference number. I thought they have to title a letter “Letter before Action/Claim” before they do a Court Claim??
thank you

[MIKE770]

Seems not lbs see what next

[Dogwoof21]

But today was a Claim Form from County Court Business Centre?

[MIKE770]

Go on mcol and tick defend all. Sign in numbers top right of firm N1 blue form you got

[MIKE770]

[MIKE770]

a form like above?

[Dogwoof21]

My Court Claim form wasn’t a blue one it is white. I have already logged into money Claim and click defend all, but pls can I explain something.
In the “reply form” from Mortimer Clarke on the 12th March, which I returned, I ticked Box A I agree I owe the debt. I posted this back on the 1st April, with their 30 days as specified. From info I have read, they have 30 days to read my response and reply. So why have they not done this and gone straight to apply for a CCJ......this is why I choose the option to defend on the court claim as Mortimer have not followed the correct protocol?
They haven’t sent me any financial request form to breakdown by earnings/expenses or offer of repayment.
I just want an agreement in place without a CCJ! So don’t understand why they have applied for one.

shall I send them a copy of my response sent on the 1st April and ask them why they haven’t responded and gone ahead with a CCJ request? Sorry if this is long winded.

12/05/21 “Amendment to above- ignore this info-Found response paperwork and requested more info, did not agree debt!”

[MIKE770]

Celestine

you admitted the debt>

[Dogwoof21]

Sorry don’t understand you reply?

[MIKE770]

You agree the debt??

[Dogwoof21]

Yes and completed their form but they never replied requesting a financial statement to set up a repayment, so no deadlock or opportunity to repay?

21/05/21 “amendment- ignore as per previous post didn’t agree debt”