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Cabbot/Mortimer Clarke CCJ Clain form recieved

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  • #16
    Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

    Originally posted by missemzybooboo View Post
    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
    Hello Emma,

    Statute Barred cannot be changed.


    Can you please post a copy (s) of what you have received it may not be complaint, and if the payments have been " fabricated" it can be used against them so let's see every thing after you have removed name/address.

    nem

    Comment


    • #17
      Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

      Hi Nem,

      Please see attached the letters I received from cabot

      Click image for larger version

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      • #18
        Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

        Originally posted by missemzybooboo View Post
        Hi Nem,

        Please see attached the letters I received from cabot

        [ATTACH=CONFIG]26067[/ATTACH][ATTACH=CONFIG]26066[/ATTACH][ATTACH=CONFIG]26065[/ATTACH]
        No agreement?

        If you as said have never paid with personal cheques then Cabot must prove that you did by disclosing the bank on which the cheques were drawn the account number and the signatory.

        In my opinion there is nothing there that makes the debt enforceable.

        nem

        Comment


        • #19
          Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

          Hi Nem,

          The credit agreement they sent actually belongs to someone else. They've sent me the wrong information with another person's personal information. They've probably got mine. What a mess!!

          Comment


          • #20
            Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

            Originally posted by missemzybooboo View Post
            Hi Nem,

            The credit agreement they sent actually belongs to someone else. They've sent me the wrong information with another person's personal information. They've probably got mine. What a mess!!
            Their mess their problem all this goes into the defence in this case tell them nothing.
            No need to point out their mistakes.

            nem

            Comment


            • #21
              Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

              Originally posted by nemesis45 View Post
              Their mess their problem all this goes into the defence in this case tell them nothing.
              No need to point out their mistakes.

              nem
              Ok will do. So what do I do now? Got nothing from courts and already filed my defence in July. Can I add to it or do I need to write the court a letter detailing all the above?

              Comment


              • #22
                Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

                Originally posted by missemzybooboo View Post
                Ok will do. So what do I do now? Got nothing from courts and already filed my defence in July. Can I add to it or do I need to write the court a letter detailing all the above?
                Sorry yes I had forgotten about the defence.

                The nonsense provided will if necessary go into your Witness Statement if the claim continues.

                I suspect the claim is stayed ( suspended) at present but please check with the court on the status of the claim as soon as you can.

                If Carboot feel they now have sufficient evidence to go forward they have to pay a fee to continue if they do decide to go ahead I don't feel they have a chance of success.

                nem

                Comment


                • #23
                  Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

                  Thanks nem
                  Shall I write to them about the cheque payments whilst I'm waiting to hear from the courts? I've checked the MCOL site and my defence which was on 26/7/16 is the last activity on the case. It doesn't say suspended though.

                  Comment


                  • #24
                    Re: Cabbot/Mortimer Clarke CCJ Clain form recieved

                    Originally posted by missemzybooboo View Post
                    Thanks nem
                    Shall I write to them about the cheque payments whilst I'm waiting to hear from the courts? I've checked the MCOL site and my defence which was on 26/7/16 is the last activity on the case. It doesn't say suspended though.
                    No don't write at this point.

                    MCOL is not always up to date so give the court a ring tomorrow.

                    nem

                    Comment

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