Letter before claim query

[Maelstrom70]

Re: Letter before claim query

Hi all,
By way of an update (and another Panic attack!) after sending off my CCA and SAR two weeks ago, nothing in return from anyone so far....until today. I have now got some scary looking forms (a claim form and some response option forms (defend and accept)). Needless to say I am quite anxious again.

Could anyone tell me what to do now? They have provided a number and password for MCOL, should I respond, and if so should I be doing it through MCOL? Or should I wait until the responses from Marlin/Mortimer Clarke to the CCA and Northern Rock to the SAR?

The 'day of service' (whatever that means) on the claim form is 18.4.17 (letter dated 13.4.17, and states that the Day of service is 5 days after that). and I once again have 14 days to respond, apparently.

Thanks again for any help anyone can give.

[MIKE770]

Re: Letter before claim query

deleted

[Maelstrom70]

Re: Letter before claim query

Would anyone be able to advise me? Sorry for the hassle, but if I am time-bound I'd like to get responses off as soon as I can. I should add that the claim letter has added about £1,200 in costs to the sum being claimed too.

Thanks again all

[MIKE770]

Re: Letter before claim query

Check your dates || First Steps

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Check your dates || First Steps CCA Request || CPR 31.14 Request

[Amethyst]

Re: Letter before claim query

Would anyone be able to advise me? Sorry for the hassle, but if I am time-bound I'd like to get responses off as soon as I can. I should add that the claim letter has added about £1,200 in costs to the sum being claimed too.

Thanks again all

As Mike has alluded... If you have a read here http://legalbeagles.info/forums/show...it-Court-Claim - that is the first steps, just having a read back through the thread xxx ( lol, just seen your first post - so yes, back to that ) HOWEVER - Is this claim for the £26k loan ? If it is there are better letters you can use as you aren't tied to small claims. A copy of the particulars of claim would be good if you can type them out or scan and post them ( exclude personal data ).

Within the 14 days you need to acknowledge the claim - that is straightforward so make sure you get that done now through MCOL. Just Acknowledge with intent to defend in full.

[Diana M]

Re: Letter before claim query

today. I have now got some scary looking forms (a claim form and some response option forms (defend and accept)). Needless to say I am quite anxious again.

Could anyone tell me what to do now? They have provided a number and password for MCOL, should I respond, and if so should I be doing it through MCOL? Or should I wait until the responses from Marlin/Mortimer Clarke to the CCA and Northern Rock to the SAR?

The 'day of service' (whatever that means) on the claim form is 18.4.17 (letter dated 13.4.17, and states that the Day of service is 5 days after that). and I once again have 14 days to respond, apparently.

Unsurprisingly you have received a claim from Cabot for this £26k debt.

From now on you need to follow the court timetable irrespective of what Mortimer Clarke (or Cabot) tell you in correspondence.

Can you just confirm if this claim form was issued by Northampton or Salford County Court Business centre?

Either way you need to go online and file your Acknowledgement of Service stating that you intend to defend all of the claim. Don't enter anything in the Defence box which is an easy mistake to make. You have 19 days to do this from the claim Issue Date but you might as well get it out of the way now so you begin to feel more in control of the situation.

Once you've done that you'll have 33 days from the claim Issue Date to file your Defence.

So far you've sent a CCA Request to Cabot. Have you have any response from them, even a letter saying something like "we don't have the documents so we've asked the Original Creditor for them"?

Can you type out the Particulars of Claim removing anything which could identify you. That way it'll be clear what they are claiming and why they think they have the right to claim it.

Once that is clear you can send a CPR 31.14 Request to the solicitors (Mortimer Clarke). There's a link to this forum's template here (it'll need tweaking) > http://legalbeagles.info/forums/show...382#post410382

This claim is likely to be allocated to the Multi Track where disclosure is high on the agenda. This is a good thing because the Claimant will have to produce all documents in their possession even if they harm their case.

You sent for your SAR a couple of weeks ago so why not call NRAM to ask when they may be able to respond. Don't tell them why you want the papers.

The first thing I would like to know is when did you open this loan account? Is that opening date stated in the POC? Even if it is (mentioned) that doesn't necessarily mean that date is accurate.

Di

[Diana M]

Re: Letter before claim query

You must send a copy to Mortimer Clarke because they have been instructed by Marlin/Cabot to issue legal proceedings against you 14 days from the date of their LBA which was sent on 22nd March, which according to my calculations is tomorrow!

They may both be in the same office building but they act independently.

You need to send Mortimer Clarke a copy of the CCA Request preferably with a photocopy of the postal order and the Royal Mail Recorded Delivery proof.

It turns out to be a good thing that I sent the copy (along with copies of the Postal Order and the Proof of delivery) to Mortimer Clarke, so thank you for that. Looking at the tracking the Mortimer Clarke one was delivered & was signed for this morning.

So despite you informing Mortimer Clarke that you had sent a s.77-79 CCA Request to their client (Cabot) which they signed for on 5th April, they still went ahead and issued legal proceedings on 13th April.

If/when you win this case that may come back to haunt them on the issue of Costs (and conduct).

Good.

Di

[Maelstrom70]

Re: Letter before claim query

Thanks Mike770, Amethyst and Diana M.

I will put the details of the claim letter on this evening when I am home from work. (minus personal details of course). I will also use MCOL to state my intention to defend in full. Just to say I have had no reply from Marlin (Cabot) the claimant, re the CCA at all, no reference to the CCA either from Mortimer Clarke (just the claim letter), and no response at all from N Rock, who I will chase.

Thanks again, will be back on this evening.

[MIKE770]

Re: Letter before claim query

Just recap from Nems para did you send SAR request?

[Diana M]

Re: Letter before claim query

Just recap from Nems para did you send SAR request?

Yep.

The SAR was sent a couple of weeks ago.

Post # 31

By way of an update (and another Panic attack!) after sending off my CCA and SAR two weeks ago, nothing in return from anyone so far

Di

[MIKE770]

Re: Letter before claim query

you passed the test Di lol

[Diana M]

Re: Letter before claim query

I have had no reply from Marlin (Cabot) the claimant, re the CCA at all, no reference to the CCA either from Mortimer Clarke (just the claim letter), and no response at all from N Rock, who I will chase.

Jolly good.

Since your s 77-79 CCA Request has not been complied with within the statutory time-frame the debt will now be unenforceable unless and until they do.

Chase NRAM for your SAR but don't chase Cabot for your CCA Request. Ideally you don't want them to produce it before it's time to file your Defence.

It's difficult to explain this concept so just trust me instead

Di

[Diana M]

Re: Letter before claim query

you passed the test Di lol

Thank you.

Di (aka Hawk-eye)

[MIKE770]

Re: Letter before claim query

Thank you.

Di (aka Hawk-eye)

[Maelstrom70]

Re: Letter before claim query

Thanks again,
so, in summary, if I have sent the SAR (to N Rock) and CCA (to both Mortimer Clarke and Cabot/Marlin) as I did two or so weeks ago, I should only need to go on MCOL and register that I will make a full defence (but don't fill it in yet), and then chase NR for the SAR but don't chase anyone else for the CCA. If I also post the details of the claim online tonight, that is it covered for the moment?

Cheers,

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oops sorry yes it was sent from Northampton Business Centre Court or some such (from memory - paperwork at home)