Claim form received from Cabot..

[FERDI]

Hi guys

I’ve received a claim form from Cabot for an Aqua card debt, I was made redundant in 2018 and couldn’t afford the repayments on the card. I’ve been having calls/letters from Cabot and then Mortimer Clark solicitors. I’ve, perhaps foolishly, ignored them, I did keep meaning to sort it, but obviously never did. The debt now stands at a bit over £1,500 inc court fees. This is keeping me awake at night. Could someone advise me on the next steps please.
TIA

[echat11]

Hi FERDI

Welcome to LB

Can you fill in the following, copy and paste back to this thread without personal details.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:
When was the account opened:

[FERDI]

Hi ECHAT11

Thank you for the welcome and your response.
I’ll get back to you shortly with the relevant information.

[FERDI]

Hi ECHAT11

Apologies for the delay…

Received a claim -Yes
Acknowledged the claim- No
Amount Claimed - £1500
Claimant - Cabot
Solicitors - Mortimer Clarke
Original creditor - New Day Ltd (Aqua)
Original debt - Credit card

Particulars of claim :-
By an agreement between New Day Ltd RE Aqua & the Defendant on or around 29/10/2015 (th e Agreement) New Day Ltd RE Aqua agreed to i ssue the
Defendant with a credit card. The Defendant failed to make the minimum paymen ts due. The Agreement was terminated follow ing the service of a default notice. The Agre ement was assigned to the named Claimant. C abot Credit Management Group Limited, acting as servicing agent of the named Claimant thr ough its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for th ese proceedings to be issued in the name of t he Claimant.
The named Claimant may be entitled
to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the Cou nty Courts Act 1984 at 8% p.a. from 14/01/202
4 until date of issue only, or alternatively such interest as the Court thinks fit THE
NAMED CLAIMANT THEREFORE CLAIMS 1. £1500 2. Interest of 70.00 3.Costs

Satute barred - no
Account opened- 29/10/2015


Thank you for your help

[echat11]

Issue Date:?

Any Other Information or Background Details:?

When was the last payment made, was it made in the last 6 years?

Has the debt been acknowledged in writing in the last 6 years?

[echat11]

a) First Acknowledge service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence (providing you do it within 14 days of the issue date).

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to New Day Ltd (Aqua), they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Send a CCA request to Cabot they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) Send a CPR 31.14 request to Mortimer Clarke, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

https://legalbeagles.info/library/gu...-court-claims/

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[FERDI]

Issue date 24/09/2024
I’ve made sporadic token payments to Cabot and then to Mortimer Clarke the last one being 15/01/2024
I couldn’t afford the repayments after being made redundant so the account fell into arrears and the interest piled on. I did contact them to ask to set up a payment plan but never got round to doing it.
Yes the debt has been acknowledged in writing in the last 6 years.
I’ll get on and acknowledge the claim.
Really appreciate your help, thank you.

[FERDI]

Acknowledgement of service done

[echat11]

Acknowledgement of service done

Now do b, c and d.

Don't miss the deadline to file your Defence (flag up so we can go through it). Be in control as much as you can.

[echat11]

Issue date 24/09/2024
I’ve made sporadic token payments to Cabot and then to Mortimer Clarke the last one being 15/01/2024
I couldn’t afford the repayments after being made redundant so the account fell into arrears and the interest piled on. I did contact them to ask to set up a payment plan but never got round to doing it.
Yes the debt has been acknowledged in writing in the last 6 years.
I’ll get on and acknowledge the claim.
Really appreciate your help, thank you.

So you made them aware of your difficulties?

[traceypowell]

Need help with parking fine I have a blue badge

[echat11]

Need help with parking fine I have a blue badge

Start a thread here - https://legalbeagles.info/forums/for...charge-notices

[FERDI]

Hi ECHAT11
I can’t seem to find the Aqua account number for the CCA to new day. Can I send it without the A/C no.?
Also I’m concerned the information I’m requesting will arrive after the extended time I have from the AOS.
Thank you for all your help

[echat11]

Hi ECHAT11
I can’t seem to find the Aqua account number for the CCA to new day. Can I send it without the A/C no.?
Also I’m concerned the information I’m requesting will arrive after the extended time I have from the AOS.
Thank you for all your help

a) You are sending it to Cabot. If you haven't got the card number, are there any Cabot reference numbers you can use?

c) Send a CCA request to Cabot they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

b) Send Cabot an email requesting an extension, just state that you seek more time so they can provide the requested documents under CPR 15.5.

[FERDI]

Hi ECHAT11
Thank you got your response..Do I have an extra 2 weeks now I’ve filed the AOS? I have an account no from Cabot? I’m sorry I seem to be flapping, I’m going to get everything sorted tomorrow afternoon.