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Cabot/Mortimer clarke confusion

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  • Cabot/Mortimer clarke confusion

    Received a claim? Yes
    Issue Date: 30.12.2021
    Have you Acknowledged the Claim?: yes, 10.01.2022
    Total Amount Claimed : £2400
    Claimant’s Name: Cabot Financial
    Solicitors Firm: Mortimer Clarke
    Original Creditor: Vanquis
    Original Debt Credit card:
    Particulars of Claim: By an agreement between vanquis bank ltd and the defendant on or around 22.03.2013('The agreement') Vanquis bank ltd agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due. The agreement was terminated following the service of a default notice. the agreement was assigned to the claimant. the claimant therefore claims 1 £2400. 2. Costs
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I think it may be statute barred
    List any letters you have sent. CCA/ CPR on 13.01.2022
    Any Other Information or Background Details: No reponse to either the cca or cpr, I have proof of postage. I do believe this is statute barred although I am not 100% sure. When do I need to file my defence for, What do I need to use for my defence as I have not recieved any response from mortimer clarke or cabot? I've been reading a fair amont on here nad I am getting confused with all the information.
    Thanks in advance for any help

    Tags: None

  • #2
    Subject Access Request Letter free of charge to vanquis proof posting

    last payment made? last time you communicated with them? for starters??

    Comment


    • #3
      : No response to either the cca or cpr, I have proof of postage. keep safe , make a file date order copy all!
      do not chase CCA?CPR,

      ​​​​​​ Acknowledge Claim on line detail top right claim form. plus defend all tick

      Comment


      • #4
        Originally posted by MIKE770 View Post
        Subject Access Request Letter free of charge to vanquis proof posting

        last payment made? last time you communicated with them? for starters??
        Around 2014/15 was the last contact but I'm not sure on the dates. I acknowledged the claim online on the 10th January. I havent done a subject acces letter request to vanquis. I will send the SAR on Monday morning.

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        • #5
          yout e location England/wales or scotland??? statute barred is 6 years except scotland it is 5 years.

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          • #6
            Thank you for your reply, I am Based in England

            Comment


            • #7
              Check dates
              you have a week to get defence in, just state such a date request for

              CCA1974 was made to date (if true on submitting) nothing received to request same as CPR31.14. no need to get into it as that comes in witness statement later on on court instructions.
              Example Defence

              send in 1 day or so before deadline so as to not t]let them trash it before it gets to court

              Comment


              • #8
                I have submitted that as you have said, I also have sent the SAR off to vanquis. Still waiting for a response from them. Thank you

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                • #9
                  I have recieved a statement from Cabot, nothing thatI have requested under the CCA though. I recieved a letter also confirming my defense. Do I need to do anything else at the moment?

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                  • #10
                    keep an eye on court letters for now, otherside if defence sent in has 28 days to respond or else case gets stayed by the court.

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                    • #11
                      Originally posted by Whatthe! View Post
                      I have recieved a statement from Cabot, nothing thatI have requested under the CCA though. I recieved a letter also confirming my defense. Do I need to do anything else at the moment?
                      I havent recieved anything in the post, this is all it says on money caim online
                      Recent Transactions for Defendant




                      Claim Status A claim was issued against you on 30/12/2021


                      Your acknowledgment of service was submitted on 10/01/2022 at 15:30:27


                      Your acknowledgment of service was received on 10/01/2022 at 16:05:28


                      Your defence was submitted on 08/02/2022 at 08:38:48


                      Your defence was received on 08/02/2022 at 12:05:03






                      Is the anything else I need to do?

                      Thank you in advance for you help



                      Comment


                      • #12
                        sounds case stayed other side have not complied

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                        • #13
                          Hi Mike770, I've still not heard anything from the court or the claimants, am I supposed to recieve anything about the case being stayed or closed?

                          Comment


                          • #14
                            No they do not inform you = ring the court and ask them !!!! , do not remind claimant it i their problem sit on hands unless anything else turns up, but ring court ask latest on case.

                            Comment


                            • #15
                              Finally
                              Attached Files

                              Comment

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