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Hi everyone,
Really looking for some help and advice as I've today received a county court claim form for a claim against me by Cabot Financial made by Mortimer Clark Solicitors.
I was contacted by Cabot in 2014 regarding a debt I had with Vanquis Credit Cards, it seemed much higher than I remember so I asked for details of the original debt, they advised this would take time and so I went through a budget with them and agreed a payment of about £80 a month to reduce the debt slightly and show my willingness to cooperate with them. However I moved the debt down from £3000 (far higher than I ever remember the credit limit being on the card) down to just above £2000 over subsequent months, I reviewed this with them and on 2 more occasions at least I queried the amount outstanding and asked for more info. I foolishly didnt get this in writing or record the dates I spoke to them but hope there is a record from when the repayments were agreed and set up. I missed one payment and they just stopped claiming the direct debit. If this makes any difference the card defaulted in 2011 although from reading other posts where I have made payments to them after this the 6 year expiry on unacknowledged or unpaid personal debts would not apply for some time.
I heard no more until a phone call some months ago where I advised I was not prepared to set up more payments until I had a breakdown of the outstanding debt.
Now I have a county court claim form against me, having not received a formal notice they intended to do so.
I have immediately today reviewed some of the other cases on here and have requested a copy of my CCA from the creditor (now Cabot Financial) with a postal order of £1 as the statutory fee.
I have also submitted a letter asking for copies of the documents under CPR 31.14 to Mortimer Clarke Solicitors (Copy Below).Dear Sirs,
Claim Number: XXXXXXXX (Issue date XX Jan 2016).
Request for documents mentioned in a statement of case under CPR 31.14
On 29/01/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.
Agreement between VANQUIS & the Defendant on or around xx/xx/2008
Assignment of the agreement to the claimant.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
Furthermore, I wish to place on record my objection to receiving a Claim Form without receiving either a default notice or a letter before action from either Cabot Financial (UK) Limited or Mortimer Clarke Solicitors.
I look forward to hearing from you.
Yours sincerely
I have submitted my acknowledgement of service to extend my defence submission date to 28 days to allow time for responses on the above.
Now I'm not sure how else to proceed or what to do and am out of my mind with worry. I have no assets as such and am living with family so I'm worried if a debt is enforced they will ask me to leave as it would be difficult in a shared house to prove who owns what.
If / when this goes to court will I be required to attend even though the court is nearly 90 miles from my home?
Further guidance would be so greatly appreciated.
Really looking for some help and advice as I've today received a county court claim form for a claim against me by Cabot Financial made by Mortimer Clark Solicitors.
I was contacted by Cabot in 2014 regarding a debt I had with Vanquis Credit Cards, it seemed much higher than I remember so I asked for details of the original debt, they advised this would take time and so I went through a budget with them and agreed a payment of about £80 a month to reduce the debt slightly and show my willingness to cooperate with them. However I moved the debt down from £3000 (far higher than I ever remember the credit limit being on the card) down to just above £2000 over subsequent months, I reviewed this with them and on 2 more occasions at least I queried the amount outstanding and asked for more info. I foolishly didnt get this in writing or record the dates I spoke to them but hope there is a record from when the repayments were agreed and set up. I missed one payment and they just stopped claiming the direct debit. If this makes any difference the card defaulted in 2011 although from reading other posts where I have made payments to them after this the 6 year expiry on unacknowledged or unpaid personal debts would not apply for some time.
I heard no more until a phone call some months ago where I advised I was not prepared to set up more payments until I had a breakdown of the outstanding debt.
Now I have a county court claim form against me, having not received a formal notice they intended to do so.
I have immediately today reviewed some of the other cases on here and have requested a copy of my CCA from the creditor (now Cabot Financial) with a postal order of £1 as the statutory fee.
I have also submitted a letter asking for copies of the documents under CPR 31.14 to Mortimer Clarke Solicitors (Copy Below).
__________________________________________________ __________________________________
Claim Number: XXXXXXXX (Issue date XX Jan 2016).
Request for documents mentioned in a statement of case under CPR 31.14
On 29/01/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.
Agreement between VANQUIS & the Defendant on or around xx/xx/2008
Assignment of the agreement to the claimant.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
Furthermore, I wish to place on record my objection to receiving a Claim Form without receiving either a default notice or a letter before action from either Cabot Financial (UK) Limited or Mortimer Clarke Solicitors.
I look forward to hearing from you.
Yours sincerely
__________________________________________________ _________
I have submitted my acknowledgement of service to extend my defence submission date to 28 days to allow time for responses on the above.
Now I'm not sure how else to proceed or what to do and am out of my mind with worry. I have no assets as such and am living with family so I'm worried if a debt is enforced they will ask me to leave as it would be difficult in a shared house to prove who owns what.
If / when this goes to court will I be required to attend even though the court is nearly 90 miles from my home?
Further guidance would be so greatly appreciated.
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