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Thread: County Court letter received from Northampton Court. Cabot financial & Mortimer Clark

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  1. #1
    Jimmy123's Avatar

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    Default County Court letter received from Northampton Court. Cabot financial & Mortimer Clark

    Hi,

    Adivse would be greatly received. This pests have been chasing me for years.....

    Cabot financial contacted me approx. 3 years ago chasing a debt dated back to 2002 for a personal loan with The Funding Corporation. After using this forum, I followed the neseccary steps and wrote to them, requesting to provide me proof of the debt and that the debt was now statue barred, no contact made to the creditors in over 6 years. I received a response confirming they would contact me with their findings after further inverstigation, this was over 14 months ago, I didnít receive a response.


    I have now received a County court claim for nearly £10000. I intend to dispute the claim and any advise on templates, letters, process I should follow would be greatly appreciated.

    Lastly, is there a likelihood they can enforce this? They have never provided me with proof of the debt.


    Many thanks,

  2. #2
    Diana M's Avatar

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    Default Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

    Is the Claimant Cabot Financial (Europe) Ltd or Cabot Financial (UK) Ltd?

    It matters.

    What proof have you asked for so far such as a formal s 77-79 CCA Request together with the £1 statutory fee?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  3. #3
    Jimmy123's Avatar

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    Default Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

    Hi Di,

    The Claimant is Cabot Financial (UK) Ltd
    1 Kings Hill Ave
    Kings Hill
    West Malling
    Kent

    Mortimer Clarke Solicitors Ltd (BN11 1QP) are acting for them.

    I previosoly paid the £1 statutory fee and requested CCA. I also used a template form this forum I was provided a link to, which requested the company to prove my debt, as it was statue barred, they did not provide any correspondence to prove otherwise, this was at least 12 months ago.

    Many thanks,

  4. #4
    Diana M's Avatar

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    Default Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

    Was this car finance and did you have any PPI or GAP insurance at the outset?

    When did you stop paying and what caused that?

    When would the loan have expired if it had continued for the full term?

    Do you recall receiving a Default Notice at any stage?

    Have you received an annual Notice of Sums in Arrears?

    When was the account assigned to Cabot and do you recall receiving a Notice of Assignment at the time?

    Sorry for all the questions but it’s necessary to gather the facts before suggesting the next step.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Jimmy123's Avatar

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    Default Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

    Hi,

    The loan was for a car at the time, as for PPI & GAP, it was never sold to me at the time, potentially might have been mis sold.

    I entered an IVA about 2003, the loan would have finished 2007 if it went full term. No default notice or arrears ever due to entering IVA.

    Im not sure what a notice of assignment is, sorry.

    Cabot first contacted me around 3 years ago chasing the debt. I have never spoken with them.

    Many thanks,

  6. #6
    Diana M's Avatar

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    Default Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

    Quote Originally Posted by Jimmy123 View Post
    I entered an IVA about 2003, the loan would have finished 2007 if it went full term. No default notice or arrears ever due to entering IVA.
    I'm assuming from what you say that this debt was included in your IVA (correct me if I'm wrong) because in post #1 you imply The Funding Corporation loan started in 2002.

    Did the IVA complete or did it fail and if so when was that (what year)?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  7. #7
    Jimmy123's Avatar

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    Default Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

    Hi Di,

    The loan was included in the IVA, sorry for not making that clear. The loan was started in 2002 when I purchase the car, I entered the IVA shortly after.

    The IVA failed 2006, at the very latest. There has been no cm tact with any creditors for over a decade. My credit score is fine now, I have credits cards, mobile phone a car and about to purchase a house. Nothing shows up on any credit file.

  8. #8
    Jimmy123's Avatar

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    Default Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

    Hi Di,

    I’m sorry to pester you so early on a Monday. Please can you advise my next steps? I’m mindful I have 14 days to respond to claim.

    Many thanks,

  9. #9
    Diana M's Avatar

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    Default Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

    Quote Originally Posted by Jimmy123 View Post
    Hi Di,

    The loan was included in the IVA, sorry for not making that clear. The loan was started in 2002 when I purchase the car, I entered the IVA shortly after.

    The IVA failed 2006, at the very latest. There has been no cm tact with any creditors for over a decade.
    If the IVA failed in 2006 then the SB date is likely to run from when the IVA provider sends a formal letter of termination and a failure report. This can be some time after the last payment you made. This is assuming that you haven't paid or acknowledged the debt since the IVA was terminated.

    Have you kept the paperwork from your IVA or can you get it from the IVA provider (send a Subject Access Request) ?

    My suggestion is that you go online at MCOL and tick the box which says you intend to defend all of the claim. The deadline for this is 19 days from the claim Issue Date (top right on the first page).

    You then have 33 days from the claim Issue Date to file your Defence.

    It's wise to plead more than one legal argument rather than rely on the debt being SB in case it isn't. Sadly the majority of people who approach my firm believing their debt to be SB subsequently discover it isn't. There are a number of factors to consider not simply the last payment.

    The fact this debt is not showing on your CRA files could mean that the loan was defaulted more than six years ago so the whole CRA file entry is removed six years from that date regardless of what happens after that.

    Since you have already sent a s 77-79 CCA Request to Cabot (according to post # 3) nothing is gained by sending another. But I suggest that you send a CPR 31.14 Request to Mortimer Clarke.

    I have no problem with you pestering me early in the morning on the forum. If I don't respond you can email me instead.

    Quote Originally Posted by Jimmy123 View Post
    Hi Di,

    I’m sorry to pester you so early on a Monday. Please can you advise my next steps? I’m mindful I have 14 days to respond to claim.

    Many thanks,
    I would also suggest you send a Subject Access Request to The Funding Corporation to get the full history of the loan account from inception. You'll need this to assess the 'honesty and accuracy' of any reconstituted documents or facts submitted by the Claimant and/or their solicitors.

    Di
    Last edited by Diana M; 8th January 2018 at 14:56:PM. Reason: updated info
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  10. #10
    Jimmy123's Avatar

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    Default Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

    Thanks Di,

    I will go online tomorrow and complete the form confirming I dispute the debt.

    Please can you advise where I obtain a CPR 31.14 and Subject access request?

    Thank you for all you help so far.

  11. #11
    MIKE770's Avatar

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    Default Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

    Please can you advise where I obtain a CPR 31.14 and Subject access request



    ||
    CPR 31.14 Request Letter

    Subject Access Request Letter

    should of read SAR

  12. #12
    Diana M's Avatar

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    Default Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

    Quote Originally Posted by MIKE770 View Post
    Since the OP has already sent a CCA Request which has not been complied with, I have suggested that they shouldn’t send another one in case the Claimant makes a bigger effort to fix the problem this time.

    At the moment the Claimant can’t enforce the debt in court unless or until they do comply so doing nothing about the CCA Request is the way forward.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  13. #13
    Jimmy123's Avatar

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    Default Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

    Hi Di,

    I’ve competed the court claim online confirming I am fully disputing the debt. Are my next steps issuing a CPR and subject access letter?

    Many thanks,

    - - - Updated - - -

    Hi Di,

    Iíve competed the court claim online confirming I am fully disputing the debt. Are my next steps issuing a CPR and subject access letter?

    Many thanks,

    - - - Updated - - -

    Hi Di,

    I have completed the court claim from online, confirming I am disputing the debt.

    Are my next steps submitting a CPR and subject access request letter?

    Many thanks,

  14. #14
    Jimmy123's Avatar

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    Default Re: County Court letter received from Northampton Court. Cabot financial & Mortim

    Hi Di,

    The acknowledgment to the court has been submitted, I haven’t issued my defence letter.

    Please can you advise my next steps?

    Many thanks,

  15. #15
    Onestepatatime's Avatar

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    Default Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

    @Diana M think Jimmy's trying to get your attention.

  16. #16
    Diana M's Avatar

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    Default Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

    Quote Originally Posted by Onestepatatime View Post
    @Diana M think Jimmy's trying to get your attention.

    Thanks for flagging this up.

    My work email is in my forum signature which Is di@joannaconnollysolicitors.co.uk

    The OP definitely needs legal help with this large claim.

    I’m happy to point him in the right direction.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  17. #17
    cotswoldtony's Avatar

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    Default Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

    Quote Originally Posted by Jimmy123 View Post
    Hi,

    Adivse would be greatly received. This pests have been chasing me for years.....

    Cabot financial contacted me approx. 3 years ago chasing a debt dated back to 2002 for a personal loan with The Funding Corporation. After using this forum, I followed the neseccary steps and wrote to them, requesting to provide me proof of the debt and that the debt was now statue barred, no contact made to the creditors in over 6 years. I received a response confirming they would contact me with their findings after further inverstigation, this was over 14 months ago, I didnít receive a response.


    I have now received a County court claim for nearly £10000. I intend to dispute the claim and any advise on templates, letters, process I should follow would be greatly appreciated.

    Lastly, is there a likelihood they can enforce this? They have never provided me with proof of the debt.


    Many thanks,

    Hi, Di appears to be giving you very good information to help you which is the professional approach (Law Society) to the court.
    I however deal with debt/court threats in an unusual way being a L.I.P (Litigant in Person) not a member of the Law Society.
    First, Northampton Court deals with all cases filed on line so if you defend the case you will need to move it to the County Court nearest to you so you can attend.
    You need to send a letter to the solicitor requesting an invoice for the full amount they allege is owed...tell them they must itemize every amount in detail to the penny so you can check the invoice is correct....tell them the invoice must be signed with a wet signature by the man or woman with first hand knowledge of the debt/s owed.
    If you receive no response you can place a copy in your defense file as proof you tried to settle on the private side.
    If it goes to court (which I do not think it will because any good solicitor will know what you are doing) I can help you further.
    Regards Tony

  18. #18
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    Default Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

    Quote Originally Posted by cotswoldtony View Post
    Hi, Di appears to be giving you very good information to help you which is the professional approach (Law Society) to the court.
    I however deal with debt/court threats in an unusual way being a L.I.P (Litigant in Person) not a member of the Law Society.
    First, Northampton Court deals with all cases filed on line so if you defend the case you will need to move it to the County Court nearest to you so you can attend.
    You need to send a letter to the solicitor requesting an invoice for the full amount they allege is owed...tell them they must itemize every amount in detail to the penny so you can check the invoice is correct....tell them the invoice must be signed with a wet signature by the man or woman with first hand knowledge of the debt/s owed.
    If you receive no response you can place a copy in your defense file as proof you tried to settle on the private side.
    If it goes to court (which I do not think it will because any good solicitor will know what you are doing) I can help you further.
    Regards Tony
    Hi Tony,

    The case is transferred to a local court, by the court, following submission of Directions Questionnaires after the Defence has been filed and served.

    No idea why you'd want an invoice, it's a consumer credit debt I believe, I will have a read back through the thread though. A breakdown of the amount claimed and evidence of the original agreement, default and legal assignment is required though.

    I'd hazard a guess you're quite interested in FMOTL ?

    Reading back anyway .....
    Last edited by Amethyst; 12th January 2018 at 13:35:PM.
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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    Amethyst's Avatar

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    Default Re: County Court letter received from Northampton Court. Cabot financial & Mortim

    Quote Originally Posted by Jimmy123 View Post
    Hi Di,

    The acknowledgment to the court has been submitted, I havenít issued my defence letter.

    Please can you advise my next steps?

    Many thanks,
    Okay you have acknowledged, and your defence is due by the beginning of February - ( what's the date of issue printed on the claim form ? )

    You have sent the CPR letter and Subject Access Request and await responses.

    You previously sent a CCA request which there has been no response to.

    You believe the debt is statute barred due to it being part of a failed IVA ( end 2006/2007 ) and the original loan would have ended 2007.

    Di seems to have been giving you some decent help, I'm not sure if her latest comment is because you have contacted her formally off the forum or not, so just moving your thread down to the court forum so if you want to keep on posting on here you can and it's a bit more visible in the right forum section You'll also see the guides at the top of the page now.
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  20. #20
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    Default Re: County Court letter received from Northampton Court. Cabot financial & Mortimer C

    Tony
    I am rather worried about what you have posted, why ask for an invoice which may be misused as an admission. especially if you include a copy in your defence stating you had asked for a breakdown of what of you owe- you may have had some success with your approach but I worry that is almost certainly more luck than judgement -
    @Diana M does give very sound advice and indeed her firm represented me - I would have been hung out to dry without their help
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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