mortimer clarke/ cabot county court claim

[jon1965]

Re: mortimer clarke/ cabot county court claim

Email is fine as well for telling the court. Maybe do both with just a proof of posting for the letter

[ram]

Re: mortimer clarke/ cabot county court claim

Thanks nem I will get on that when I get home as working at the mo, would you mind if I posted the letter on here to proof read before I send it as I'm not exactly spike Milligan when it comes to letters!?

[FlamingParrot]

Re: mortimer clarke/ cabot county court claim

Hi again Received the letter from Mortimer clarke agreed to extension, just waiting to see what comes from Cabot now

Thanks nem I will get on that when I get home as working at the mo, would you mind if I posted the letter on here to proof read before I send it as I'm not exactly spike Milligan when it comes to letters!?

You just need to send an email to the court as noted below:

To inform the court in writing;

Email something along these lines to ccbcdefendants@hmcts.gsi.gov.uk

SUBJECT: xxxxCLAIMANTxxxx v xxxxDEFENDANTxxxxx CASE NO: XXXXXX - EXTENSION OF TIME FOR FILING DEFENCE
-------------------------------------------------------------
Dear Sirs

The defendant and the claimant in claim XXXXXX have agreed that the period for filing a defence specified in rule 15.4 shall be extended by 28 days as allowed under CPR 15.5. This extends the date for filing of a defence to xx/xxxx/2015.

Kind regards

xxxxxxxxx
Defendant

[nemesis45]

Re: mortimer clarke/ cabot county court claim

Thanks nem I will get on that when I get home as working at the mo, would you mind if I posted the letter on here to proof read before I send it as I'm not exactly spike Milligan when it comes to letters!?

Yes please do so!!

nem

[ram]

Re: mortimer clarke/ cabot county court claim

Thank you again, I've copied the letter but I'm confused with the date😵 am I extending the date from the date of service or the agreement for extension?... Thank you again for your help

[Amethyst]

Re: mortimer clarke/ cabot county court claim

The date would be the date you would have filed your defence plus 28 days ( so issue date of claim plus 33 days plus 28 days )

issue date will be the date printed on the original court claim form.

[ram]

Re: mortimer clarke/ cabot county court claim

Brilliant thank you, I have sent an e-mail and printed the letter out. I assumed the subject claimant and defendant details were for the email and didn't put it at the top of the letter, i did put the claim number. Would have posted it but computer is not playing ball. Thank you again you've been great help

[ram]

Re: mortimer clarke/ cabot county court claim

hi all
i wanted to post sooner butr didnt think there much point panicking again as i had not heard from cabot or mortimer clarke regarding the information i requested. Until this morning, Cabot have written to inform me that they cannot find the information i have requested and are still chasing them up which makes thier case unenforceable but in the meantime i am still obliged to make payments to them.
i feel a bit in limbo now and not sure what to do, im certainly not handing over money to them but i feel i would be naive to think it was now finished with even if they cannot comply at the moment any advice or information that could help would be much appreciated thank you

[nemesis45]

Re: mortimer clarke/ cabot county court claim

hi all
i wanted to post sooner butr didnt think there much point panicking again as i had not heard from cabot or mortimer clarke regarding the information i requested. Until this morning, Cabot have written to inform me that they cannot find the information i have requested and are still chasing them up which makes thier case unenforceable but in the meantime i am still obliged to make payments to them.
i feel a bit in limbo now and not sure what to do, im certainly not handing over money to them but i feel i would be naive to think it was now finished with even if they cannot comply at the moment any advice or information that could help would be much appreciated thank you

The alleged debt is unenforceable until the agreement is found. Cabot are having a lot of problems at present getting documents and have discontinued some claims, just keep an eye on the post.

If Cabot don't get back within say 14 days contact the court to find out the status of the claim if nothing has gone forward you can consider telling Cabot that within 7 day you will apply for the claim to be struck out.

nem

[ram]

Re: mortimer clarke/ cabot county court claim

thank you nem
would i be able to get that information over the phone or would it have to be in writing? and could you tell me how to apply to have the claim struck out, is there an option to do this on thier website or again should it be in writing as is the case with most things im finding out! i will give it time to see if they get back to me as you said.
thank you again

[nemesis45]

Re: mortimer clarke/ cabot county court claim

thank you nem
would i be able to get that information over the phone or would it have to be in writing? and could you tell me how to apply to have the claim struck out, is there an option to do this on thier website or again should it be in writing as is the case with most things im finding out! i will give it time to see if they get back to me as you said.
thank you again

Over the phone Ram just quote the claim Number.

nem

[FlamingParrot]

Re: mortimer clarke/ cabot county court claim

hi all
i wanted to post sooner butr didnt think there much point panicking again as i had not heard from cabot or mortimer clarke regarding the information i requested. Until this morning, Cabot have written to inform me that they cannot find the information i have requested and are still chasing them up which makes thier case unenforceable but in the meantime i am still obliged to make payments to them.
i feel a bit in limbo now and not sure what to do, im certainly not handing over money to them but i feel i would be naive to think it was now finished with even if they cannot comply at the moment any advice or information that could help would be much appreciated thank you

thank you nem
would i be able to get that information over the phone or would it have to be in writing? and could you tell me how to apply to have the claim struck out, is there an option to do this on thier website or again should it be in writing as is the case with most things im finding out! i will give it time to see if they get back to me as you said.
thank you again

They have been sending out similar letters to other posters on here so they've clearly done a mail-merge to all those who have sent CCA requests they cannot comply with.

I suggested to another poster who received a similar letter, to write back to the solicitors dealing with the claim (they use different firms) with a copy of the letter from Cabot as per post quoted below: http://www.legalbeagles.info/forums/...450#post571450

They should really discontinue the case rather than you having to apply for strike out, it's an abuse of process to continue with a claim where they themselves admit is unenforceable and are not permitted to obtain judgment as per their own letters. Communication between Cabot and their legal representatives doesn't always flow that well, hence my suggestion of sending a copy of the letter to them (Mortimer Clarke in your case).

That's a generic template letter Cabot use whenever they can't get the documents from the original lender, however, in view of the fact that they've taken you to court, if it was me I'd be inclined to be cheeky and write to WH with a copy of the letter, saying that, given that their clients themselves regard the account as unenforceable and state they are not permitted to obtain judgment in court, they should consider discontinuing the claim to avoid further costs and hassle for everyone concerned whilst pursuing what they themselves know to be a hopeless case. :grin: :grin: :grin:

[nemesis45]

Re: mortimer clarke/ cabot county court claim

A bit early to be writing to solicitors suggesting withdrawing the claim and a court would probably see it that way too.
Once the delay appears to be unreasonably extended then seeking discontinuance is on the cards.

nem

[FlamingParrot]

Re: mortimer clarke/ cabot county court claim

A bit early to be writing to solicitors suggesting withdrawing the claim and a court would probably see it that way too.
Once the delay appears to be unreasonably extended then seeking discontinuance is on the cards.

nem

If Cabot themselves are saying in black and white that the account is unenforceable and therefore are not permitted to obtain judgment, surely they should tell their solicitors to drop the claim. It's not a matter of delay as when they just leave the case stayed/don't respond at all, in these cases they have clearly stated the accounts are UE so the court would see it as an abuse to continue with a case they have no prospect of winning, in their own words!