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Mortimer Clarke, CABOT and AQUA

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  • Mortimer Clarke, CABOT and AQUA

    Hi all,


    I was hoping for some advice on the below:


    My partner has received a claim form from Mortimer Clarke on behalf of Cabot Finance (relating to an old AQUA card)
    This card was taken out in 2020 and defaulted, for the value of £650. I'm currently dealing with this matter for her as she is not in the best mental state to be dealing with anything of this sort currently (or even for the near future)

    The Particulars of Claim was their general templated particulars of claim and my partner defended the full claim using a found on legal beagles (Thank you!)

    She requested the CCA, CPR and SAR for the relevant parties, she has yet to receive response from her SAR to Aqua but has since received the CCA request and CPR requests back via email.
    These documents included: all statements, letters, default notices, and notice of assignment (from Aqua to Cabot)

    Mortimer Clarke has stated that she has no adequate defence and that they now urge her to withdraw her defence and admit the debt.

    They have then sent separately a w/o prejudice offer with a 20% discount to the claim, stating that their client are keen to settle out of court, which has made me think I've missed something, if they have requested a w/o prejudice settlement (However, I'm not legally trained so I may be completely off the mark)

    I was planning to counter offer with an offer to pay 20% as I am willing to pay this much to help my partner out, as she cannot afford this to go to court and I think this will really significantly impact her mental health.

    I was hoping for some advice on the next steps for this but I am conscious about divulging too much detail so openly, would I be able to submit the letters received privately for someone to look over and advise further please?

    I think currently she has 5 days to respond to the reply to defence and 25 days to respond to the offer.



    I would appreciate any help, thank you in advance.








    Tags: None

  • #2
    Hi - Is there anyone able to advise on this for me at all please?

    Comment


    • #3
      Hi Legal

      Welcome to LB

      There might not be anything amiss, but go through the documents sent to you, make sure everything is compliant.

      You can make offers, explain the personal circumstances etc. Make sure you mark any offer with 'Without Prejudice', so they can't be used in the proceedings until the case is over, regarding any costs etc.

      https://nationaldebtline.org/fact-sh...f%20the%20debt.

      https://nationaldebtline.org/sample-...tlement-offer/

      Make sure you get Proof of Postage.

      Also if the case does proceed, you will be sent a Directions Questionnaire, where you can opt for 'mediation', another opportunity to state circumstances and settle the matter.

      Comment

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