mortimer clarke/ cabot county court claim

[ram]

Hi sorry to tag on someone else's thread but I'm in a very similar situation with Mortimer Clarke/cabot financial, that babylon30 was in and wondered if I should respond in the same manner. I've received a county court claim form regarding a loan originally with ltsb in 08. Soon after taking the loan I lost my job as a result of cutbacks i had ppi cover which didn't seem to cover...anything. to my recollection I haven't made a payment or had any contact with Cabot previous to 09 so I assumed it statute barred since recieving this though it has me rattled.
The claim form had no other paperwork attached regarding the claim other than the response pack, and in the particulars of claim section it reads quote:

By an agreement between LLOYDS TSB (LTSB) & the defendant on or around 07/08/2008 ('the agreement') LTSB agreed to loan the Defendant monies. The Defendant did not pay the instalments as they fell due & the agreement was terminated. The agreement was assigned to the claimant. THE CLAIMANT THEREFORE CLAIMS £amount.

i have received the usual threatening mail from them for about 6 months now but have been living where I am a lot longer. I received the claim today 4/7/15. My circumstances have changed since and now have a family and all the usual fiscal drama that entails as well as working all hours etc. Which is fundamentally why I worry, as everyone does. PIease forgive my ignorance on the subject but i would appreciate any reply or help you can give me

[FlamingParrot]

Re: mortimer clarke/ cabot county court claim

Hi sorry to tag on someone else's thread but I'm in a very similar situation with Mortimer Clarke/cabot financial, that babylon30 was in and wondered if I should respond in the same manner.

Welcome aboard

Looks like one of the admins has kindly moved this post to its own thread. :yo:

I've received a county court claim form regarding a loan originally with ltsb in 08. Soon after taking the loan I lost my job as a result of cutbacks i had ppi cover which didn't seem to cover...anything. to my recollection I haven't made a payment or had any contact with Cabot previous to 09 so I assumed it statute barred since recieving this though it has me rattled.

Cabot purchase debts so you probably didn't deal with them before because they didn't own the account. If you didn't make any payments or acknowledge the debt in writing in any way (for example, making a repayment offer), then it would be SBd. That doesn't mean they can't issue a claim, however, SBd is an absolute defence. :thumb:

The claim form had no other paperwork attached regarding the claim other than the response pack, and in the particulars of claim section it reads quote:

That's always the case, when claims are issued electronically via MCOL there's no requirement to attach any paperwork, however, you still have the right to request it.

By an agreement between LLOYDS TSB (LTSB) & the defendant on or around 07/08/2008 ('the agreement') LTSB agreed to loan the Defendant monies. The Defendant did not pay the instalments as they fell due & the agreement was terminated. The agreement was assigned to the claimant. THE CLAIMANT THEREFORE CLAIMS £amount.

i have received the usual threatening mail from them for about 6 months now but have been living where I am a lot longer. I received the claim today 4/7/15. My circumstances have changed since and now have a family and all the usual fiscal drama that entails as well as working all hours etc. Which is fundamentally why I worry, as everyone does. PIease forgive my ignorance on the subject but i would appreciate any reply or help you can give me

Below are the first steps to take upon receipt of a claim. The first thing to do is to acknowledge the claim, which you can do online. It has to be done within 14 days and full instructions are here: http://www.legalbeagles.info/forums/...313#post499313

With regards to the CPR request, the documents you can ask for would be:

• The agreement
• The termination notice
• The notice of assignment

It will be interesting to see when the account was actually terminated as they may argue that's when the SBd clock starts to run. Unusually there's no mention of default so you could request a copy of the DN as well.

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

[ram]

Re: mortimer clarke/ cabot county court claim

Thank you so much can I just ask does DN mean default notice?

[nemesis45]

Re: mortimer clarke/ cabot county court claim

Thank you so much can I just ask does DN mean default notice?

Yes.

[ram]

Re: mortimer clarke/ cabot county court claim

Sorry to keep asking questions but when making a CPR request would I be filing my defence 28 days after acknowledging the claim? Thank you again......I may have more questions!

[FlamingParrot]

Re: mortimer clarke/ cabot county court claim

Sorry to keep asking questions but when making a CPR request would I be filing my defence 28 days after acknowledging the claim? Thank you again......I may have more questions!

No worries, that's what we're here for and it's better to ask than to get it wrong. :thumb:

Your defence is due 33 days from the date printed on the claim form, regardless of the date when you acknowledged service. Any more questions just shout!

[nemesis45]

Re: mortimer clarke/ cabot county court claim

Sorry to keep asking questions but when making a CPR request would I be filing my defence 28 days after acknowledging the claim? Thank you again......I may have more questions!

CPR goes to the sols as soon as you receive thee claim i'e. as soon as you have acknowledged service.

nem

[ram]

Re: mortimer clarke/ cabot county court claim

Thank you again you've both been great help, letters are done I was unsure weather to sign them I'm suspect of signing anything nowadays. I also thought the particulars of claim were vague, or is that intentional? Thank you again
R

[FlamingParrot]

Re: mortimer clarke/ cabot county court claim

Thank you again you've both been great help, letters are done I was unsure weather to sign them I'm suspect of signing anything nowadays. I also thought the particulars of claim were vague, or is that intentional? Thank you again
R

The particulars tend to be vague in most claims, at least they gave you an account start date on yours, that doesn't always happen.

If you don't sign the letters, they may argue they cannot comply with your requests due to the lack of a signature. If you are concerned, you can sign on an anti-tamper signature strip.

[nemesis45]

Re: mortimer clarke/ cabot county court claim

There is no requirement to sign a CCA request but " creditors" can refuse to comply if you don't CPR why not sign.

The " lifting of signatures is just a very old myth there's no point in anyone doing it.

nem

[ram]

Re: mortimer clarke/ cabot county court claim

Hi again ok I sent the cca and CPR requests off the best part of 2 weeks ago and still have not had a reply, suspense is killing me even if there's no paperwork I thought I would hear something by now court date is getting closer and I don't know what to do!

[nemesis45]

Re: mortimer clarke/ cabot county court claim

Hi again ok I sent the cca and CPR requests off the best part of 2 weeks ago and still have not had a reply, suspense is killing me even if there's no paperwork I thought I would hear something by now court date is getting closer and I don't know what to do!

Hi, the court processes are always like this wheels grind slowly!

Chase up the CPR31.14 request, it still applies until the claim is allocated
to the small claims track.

The CCA request, there is no need to chase if not complied with by the end
of the 12 + 2 Working Days limit renders the debt unenforceable until the
agreement is produced.

nem

[FlamingParrot]

Re: mortimer clarke/ cabot county court claim

Hi again ok I sent the cca and CPR requests off the best part of 2 weeks ago and still have not had a reply, suspense is killing me even if there's no paperwork I thought I would hear something by now court date is getting closer and I don't know what to do!

You need to chase the CPR request with Mortimer Clarke. You may want to say that they should have been in possession of the documents before issuing a claim and you need them to prepare your defence, therefore you'd like their agreement to a 28 day extension as allowed by CPR 15.5. An email will do, chase up by phone if necessary. Mortimer Clarke will agree to the extension in most cases. Once they agree, you need to inform the court in writing (an email should fine fine). :typing:

Don't chase the CCA request, Cabot will probably send a letter saying it will take 40 days! Ignore that, it's a generic template. Non-compliance is a bar to enforcement that can be used when you put together your defence. :thumb:

[ram]

Re: mortimer clarke/ cabot county court claim

Hi again Received the letter from Mortimer clarke agreed to extension, just waiting to see what comes from Cabot now

[nemesis45]

Re: mortimer clarke/ cabot county court claim

Hi again Received the letter from Mortimer clarke agreed to extension, just waiting to see what comes from Cabot now

Hi, You must inform the court in writing that the extension has been agreed.

nem