Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

[nemesis45]

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

Perfect thank you. All submitted in time so I'll be sure to keep this page updated when I hear more.

I've still yet to find out how the original debt was so high as even when I had a credit cards I have no recollection of such high credit limits. Is there anything I can do to either reclaim some of the £1000 I paid over to cabot over the 1 year + of waiting for some type of breakdown of the original bills? Especially in light of the fact that have tried to take it to the county court without and still not provided anything I have requested to evidence the debt. I also would consider a proposal to them asking them to settle the outstanding balance based on what has already been paid over just so it is done and dusted. I'm looking to secure a new rental agreement on a cheaper property soon and would be concerned this ongoing may cause issues or they might just continue to chase it and claim until I miss a deadline or fail to get a letter and then they win a judgement against me unfairly.

Good Luck!!

nem

[NewToThisStuff]

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

As promised just an update to say I've received an acknowledgement from the court of my defence being received. Mortimer Clarke Solicitors have also sent me a letter which I received on Friday confirming that they have received the defence, the documentation requested is still not available to them or me so they are waiting on their clients instruction. I assume this means the case will end up being stayed as from other cases on the forum very few seem to be withdrawn.

[charitynjw]

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

As promised just an update to say I've received an acknowledgement from the court of my defence being received. Mortimer Clarke Solicitors have also sent me a letter which I received on Friday confirming that they have received the defence, the documentation requested is still not available to them or me so they are waiting on their clients instruction. I assume this means the case will end up being stayed as from other cases on the forum very few seem to be withdrawn.

IMHO
From what I've seen (& maybe [MENTION=55034]nemesis45[/MENTION] could confirm), if they cannot comply with a s78 request, they cannot progress the claim.

[nemesis45]

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

IMHO
From what I've seen (& maybe @nemesis45 could confirm), if they cannot comply with a s78 request, they cannot progress the claim.

Correct Charity, unless they have the agreement or a compliant " reconstituted " one they cannot enforce the debt.

Take no notice of any claims that the " claim is on hold" as unless there is an agreed extension of time which has been notified to the court the court process will continue to the point ( 28 days after the claimant received the defence) when the claim will be stayed by the court. You are not informed if this happens so you will need to check with the court.

nem

[NewToThisStuff]

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

Just to give an update, I received a letter from Cabot today advising they are requesting the original documentation from Vanquis however they accept they cannot enforce or pursue the case until they have produced this. I cant imagine they ever will or if they do I believe it will highlight I've paid well over the original debt and I do not owe any money but hey time will tell. They have stated though that I am still obliged to pay the outstanding balance (so much for agreeing they cannot enforce the debt).

No acknowledgement of this was sent to the court though, so I expect the court will advise me of a stay on the case in the next few weeks.

I'll continue to update here if I hear more as I know for me the cases with seemed to detail the entire end to end process were of most comfort while I was initially panicking over the whole issue.

Many thanks to everyone for their input so far.

[nemesis45]

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

Just to give an update, I received a letter from Cabot today advising they are requesting the original documentation from Vanquis however they accept they cannot enforce or pursue the case until they have produced this. I cant imagine they ever will or if they do I believe it will highlight I've paid well over the original debt and I do not owe any money but hey time will tell. They have stated though that I am still obliged to pay the outstanding balance (so much for agreeing they cannot enforce the debt).

No acknowledgement of this was sent to the court though, so I expect the court will advise me of a stay on the case in the next few weeks.

I'll continue to update here if I hear more as I know for me the cases with seemed to detail the entire end to end process were of most comfort while I was initially panicking over the whole issue.

Many thanks to everyone for their input so far.

d

Good morning,
Pursuing for payment of a debt is not enforcement, nor is issuing a CC Claim enforcement comes with the judgement and consequential actions by the claimant.
The debt can still be reported on credit files and " begging " letters etc. can still be sent because the debt still exists.

nem

[NewToThisStuff]

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

Hi all,

Just an update on this. Still no CCA has been provided and the solicitors are no longer contacting me...

HOWEVER... I'm getting a ridiculous amount of post asking for payments (on a debt I dispute) and also the phone calls have started again. I've told them that I wont be discussing the matter any further until they provide the CCA and statements showing how so much is outstanding. They tell me that I need to make payments and the phone calls and letters will stop but without making an arrangement they will continue to have me on the call list and mailing lists. I've told them I wont be making any payments at all unless they can show me how I still owe something. Is there a time limit on how long this can go on for? And is there any way I can do something so they have to produce the documents or stop contacting me, or will they just pursue this forever?

Thanks for your assistance as always everyone.

[nemesis45]

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

Hi all,

Just an update on this. Still no CCA has been provided and the solicitors are no longer contacting me...

HOWEVER... I'm getting a ridiculous amount of post asking for payments (on a debt I dispute) and also the phone calls have started again. I've told them that I wont be discussing the matter any further until they provide the CCA and statements showing how so much is outstanding. They tell me that I need to make payments and the phone calls and letters will stop but without making an arrangement they will continue to have me on the call list and mailing lists. I've told them I wont be making any payments at all unless they can show me how I still owe something. Is there a time limit on how long this can go on for? And is there any way I can do something so they have to produce the documents or stop contacting me, or will they just pursue this forever?

Thanks for your assistance as always everyone.

Good morning, welcome back!

I presume the claim has been stayed? If you haven't checked with the court it would be wise to do so.

How frequent are these call are they from Cabot and or MC.

The unfortunately debt being unenforceable in court does not mean it cannot be pursued by any other processes.

How frequent are these calls more than 2 a day?

nem

[NewToThisStuff]

Hi all, so unfortunately this case has come back around again... today at over 2 years and 2 months since my original request Cabot Financial have sent me a document they call "digital signature application details" and also a list of transactions from my original credit card account. They have missed sending me the letter of assignment of the debt from Vanquis to Cabot so I don't have this still. Also the list of transactions from 2008-2011 doesn't have a running total but from my own listings there is a difference between the final total I calculate to that of the amount shown as an opening balance for the Cabot account. Cabot balance is almost £200 more. The letter they sent states "We consider that the agreement is now enforceable and therefore we are entitled to obtain a county court judgment against you." Is this really true that over 2 years on they can now have the stay on the case removed or start a new claim through the courts? It's so awful they can shun all their responsibilities in regards to deadlines for supplying information but on their terms they could dredge all this up again and so long after the original transactions I've no way of remembering them or confirming whether they are correct. It's like they intentionally dragged out the process so I am unable to defend myself properly as call details are long gone and memory is faded. I was bullied in to making small payments between 2014-2015, which I did while waiting for documentation to show how the debt had got so high, so I assume I cannot use the statute barred defence if the case is progressed? I wish I had taken advise prior to making the payments then as they never sent the statements I requested and it's only now in 2018 they have decided to supply them.

[Guest]

Interesting as I have exactly the same problems with my disputed debt,but with DLC who have now passed the debt to Mortimer Clark,i will wait and see how the outcome falls with your case.