Cabbot/Mortimer Clarke CCJ Clain form recieved

[missemzybooboo]

Hi guys,

I wander if you can help me or just confirm that I am doing the right thing.
On the 28th June I was issued a claim form from Mortimer & Clarke on behalf of Cabbot Financial for the sum of £507.07 (includes court fee and legal costs). This has come out of nowhere and I am going to fight it.

Yesterday I went online and responded to the claim via the moneyclaim.gov site.
Am I right in thinking I need to send a CCA request to Cabbot then a CPR request to Mortimer & Clarke?
I have written the letters from templates on here and will be sending these today.

The particulars of the claim (as stated on the claim form): "by agreement between Capital one and the defendant on or around 20/12/2002 capital one issued the defendant with a credit card. The defendant failed to make the minimum payment. Claimant therefore claims £422.07.

I am under the impression that this debt is now statue barred, however I am going to check as I was under a DMP with Stepchange charity at one point. So I will today check when the last acknowledged payment was made.

If the debt is statue barred do I still send the CCA and CPR request to Cabbot and Mortimer and use that as my defence?

Just a little confused and would like to get these letters sent off today given there is a limited time to get everything collated.

thanks in advance guys

[nemesis45]

Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

Hi guys,

I wander if you can help me or just confirm that I am doing the right thing.
On the 28th June I was issued a claim form from Mortimer & Clarke on behalf of Cabbot Financial for the sum of £507.07 (includes court fee and legal costs). This has come out of nowhere and I am going to fight it.

Yesterday I went online and responded to the claim via the moneyclaim.gov site.
Am I right in thinking I need to send a CCA request to Cabbot then a CPR request to Mortimer & Clarke?
I have written the letters from templates on here and will be sending these today.

The particulars of the claim (as stated on the claim form): "by agreement between Capital one and the defendant on or around 20/12/2002 capital one issued the defendant with a credit card. The defendant failed to make the minimum payment. Claimant therefore claims £422.07.

I am under the impression that this debt is now statue barred, however I am going to check as I was under a DMP with Stepchange charity at one point. So I will today check when the last acknowledged payment was made.

If the debt is statue barred do I still send the CCA and CPR request to Cabbot and Mortimer and use that as my defence?

Just a little confused and would like to get these letters sent off today given there is a limited time to get everything collated.

thanks in advance guys

Good morning,

Yes CCA request to Cabot use a postal order for the £1 statutory fee, mark it " For Statutory Fee Only" make a copy and keep for your records.
CPR 31.14 to MC(no fee). Yes make these requests as you are unsure of the statute barred status of the debt.

Send both for signed for post check delivery date and signature.

Have you check your credit reference files for this account?

nem

[missemzybooboo]

Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

Good morning,

Yes CCA request to Cabot use a postal order for the £1 statutory fee, mark it " For Statutory Fee Only" make a copy and keep for your records.
CPR 31.14 to MC(no fee). Yes make these requests as you are unsure of the statute barred status of the debt.

Send both for signed for post check delivery date and signature.

Have you check your credit reference files for this account?

nem

ok will do. I have checked credit reference files with all three of the big ones and the debt does not show at all. I have not had any contact with them for some years. This has come out of the blue.
Do I file my defence once they have sent me their responses to my letters. I have at this point just acknowledge the claim online. Is that the right thing to do? very confused

[nemesis45]

Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

ok will do. I have checked credit reference files with all three of the big ones and the debt does not show at all. I have not had any contact with them for some years. This has come out of the blue.
Do I file my defence once they have sent me their responses to my letters. I have at this point just acknowledge the claim online. Is that the right thing to do? very confused

If you have acknowledged service of the claim you have 28 days from date claim was issued to file a defence. So check how much time you have then file defence a couple of das prior to deadline.

Statute Barred is a complete defence.

In simple terms statute barred in England & Wales requires no payments or unequivocal written acknowledgment of the debt in 6 clear years, any payment via a debt management plan resets the 6 year clock to zero.
Your priority is to check payments via the DMP.

nem

[missemzybooboo]

Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

If you have acknowledged service of the claim you have 28 days from date claim was issued to file a defence. So check how much time you have then file defence a couple of das prior to deadline.

Statute Barred is a complete defence.

In simple terms statute barred in England & Wales requires no payments or unequivocal written acknowledgment of the debt in 6 clear years, any payment via a debt management plan resets the 6 year clock to zero.
Your priority is to check payments via the DMP.

nem

Thanks so much. I will send off the relevant letters and the postal order today and contact stepchange too. will keep you updated on the events.

Thanks

[nemesis45]

Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

Thanks so much. I will send off the relevant letters and the postal order today and contact stepchange too. will keep you updated on the events.

Thanks

Thank you!

You can tag me [MENTION=55034]nemesis45[/MENTION] when you have the information.

nem

[missemzybooboo]

Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

Hi [MENTION=55034]nemesis45[/MENTION]
I received a reply from Mortimer but I have yet to receive a response from Cabot. NOT sure how to upload the letter. It basically says the account will be put on hold until the hear from Cabot. In the meantime do I still submit my defence via the website?
Thanks

Emma

[nemesis45]

Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

Hi @nemesis45
I received a reply from Mortimer but I have yet to receive a response from Cabot. NOT sure how to upload the letter. It basically says the account will be put on hold until the hear from Cabot. In the meantime do I still submit my defence via the website?
Thanks

Emma

Good afternoon Emma.

Ok this is not an agreed extension of time to comply with court processes, from that point of view it is meaning less.
Make sure that you respond to any court papers you may receive, and carry on as if this letter was never received.

nem

[missemzybooboo]

Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

OK thanks [MENTION=55034]nemesis45[/MENTION]
If I don't hear from Cabot do I send a second letter and use this as evidence in my defence?
So if I hear from neither am I saying that they haven't provided written documentation that I asked for therefore the CCJ is void? I'm not sure what to put.

[nemesis45]

Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

OK thanks @nemesis45
If I don't hear from Cabot do I send a second letter and use this as evidence in my defence?
So if I hear from neither am I saying that they haven't provided written documentation that I asked for therefore the CCJ is void? I'm not sure what to put.

If Carboot doesn't respond to the CCA request then the debt is rendered unenforceable Until they produce the agreement or a compliant reconstituted one.

nem

[missemzybooboo]

Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

Hi [MENTION=55034]nemesis45[/MENTION]
I received a letter from Cabot stating that they don't have the CCA documentation on file and will request it from the original creditor.
They also state the credit agreement is not enforceable and they are not permitted to enter a judgement against me or a decree. I have updated my defence to reflect this. They have also stated my account is on hold.
When I've logged on to MCOL nothing has changed. Do I need to do anything else on my end or is my defence and letter from Cabot admitting credit agreement unenforceable enough?

Thanks

Emma

[nemesis45]

Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

Hi @nemesis45
I received a letter from Cabot stating that they don't have the CCA documentation on file and will request it from the original creditor.
They also state the credit agreement is not enforceable and they are not permitted to enter a judgement against me or a decree. I have updated my defence to reflect this. They have also stated my account is on hold.
When I've logged on to MCOL nothing has changed. Do I need to do anything else on my end or is my defence and letter from Cabot admitting credit agreement unenforceable enough?

Thanks

Emma

Hello Emma,

That sounds like the stock reply letter.

This letter is not a formal extension of time so disregard their " on hold" statement you must carry on as if this has not been received and complete and submit any court forms you receive.

nem

[missemzybooboo]

Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

Thanks for the reply [MENTION=55034]nemesis45[/MENTION]
I've done all my correspondence with the court online. Will I still receive court papers to reply to?
Thanks
Emma

[nemesis45]

Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

Thanks for the reply @nemesis45
I've done all my correspondence with the court online. Will I still receive court papers to reply to?
Thanks
Emma

Hello Emma as time progresses there will be a Directions Questionnaire to fill in, we can deal with that when it come.

nem

[missemzybooboo]

Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

Hello Emma as time progresses there will be a Directions Questionnaire to fill in, we can deal with that when it come.

nem

Hi Nem
I have recieved a letter from cabot dated 30th September which is a signed and reconstituted copy of the credit agreement. I orginally sent rhe request on the 7th july and they have only just sent this information to me. Can i use this in my defence? They state this makes the debt enforceable even though its statue barred. The printout they sent of payments, the last few payments are via cheque and i have never made any payments via cheque to them. Can i ask them to confirm the account number and amounts as i know definitely i made no payment via this method (is there a sample letter for this?) I havent recieved anything from the courts either. Can you advise what action i should rake next...thanks Emma