I received the N1SDT from Cabot/Mortimer Clarke as I have been working away so only saw it yesterday morning, I have already Acknowledged it via MCOL I chose the option Intend to defend all. the Particulars of Claim as follows:- By an agreement between LTSB & defendant on or around 15/10/1998 ('the Agreement') LTSB agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 3830.31 At the total cost Amount Claimed 3830.31 Court Fee 185.00 Legal Rep Fee 80.00 Total 4095.31 My question at present is as there are no account numbers on the form What should I put on a CCA in the Account number Reference to Cabot. Also sending CPR31:14 to Mortimer Clarke To clarify I do accept I had a card through Ltsb and also have been a bit of an ostrich in the past, due to various reasons I also have not been good with repayments since Jan 2015

Hello, Can anyone please help me, I have received a claim form from Northampton County Court Business Centre. It is an old Simply Be debt, seems to be with ME III now, no idea who they are. Amount Claimed is: £1181 - this includes costs (their legal costs)

Oh, Oh, a fellow Scotsman's not going to be very happy! http://www.am-online.com/news/dealer-news/2016/04/25/sir-arnold-clark-becomes-britain-s-first-billionaire-car-dealer H

Sorry if I'm repeating old info, I have had a read of other posts but these all seem to be at CCJ defence stage and I'm not there yet! Details are as follows: Hillesden have been chasing me for a payment of £848 for as long as I can remember. The debt was passed to DLC and most recently to Cabot. Mortimer Clarke are now chasing me on behalf of Cabot and claim that they will take me to court if I don't respond with a suitable payment arrangement. The van was returned in 2007 and my last payment on the debt was Sept 2008 (according to them). I do not know when it defaulted exactly but I do know it's no longer on my credit file. I wrote a SB letter to them but they have now responded stating that the contract was not terminated until August 2010! They say that means they can now take me to court. How do I proceed?

Hi , Can these people request an income and expenditure form be completed even though an offer of payment has been made ? or is it only the court that can legally request one ?

Hi, Ive just recieved a letter from Mortimer Clarke saying they have been instructed by Cabot to start court proceedings against me and that they will make a court claim in the next 14 days. I used to be a client with Debt Help and Advice Ltd which the debt was citi/opus card at the time, i was told by debt help that citi/opus couldn't provide evidence of the cca so was unenforceable and to ignore any contact from them. Now that debt help have closed down im starting to get these letters, should i do anything or just ignore them?

Hi, Wonder if somebody can help. I have received a claim form from the courts. The problem is that I have never received any information about this as the address was incorrect, it was Flat no, flat name, flat no, road name on their letters (I checked with them, might not be a good move). The claim form had Flat no, flat name, flat no, truncated road name (only half of the name printed). The rest of the address was incorrect. What is the best route forward with this. I don't deny owing the monies, I don't object to paying it back, due to circumstances, I left my previous house which I shared with an ex girlfriend, and left lots of paperwork behind. I have noticed that they are claiming more than the default amount. Just would appreciate some advice on what to do next please. I did explain that due to the incorrect details when on the phone, I would look at a formal complaint with the ICO, defend it due to incorrect information and not being given the opportunity to resolve the issue. They said something about an order that if it was stuck to, it wouldn't appear on my credit file, but if I broke it, the claim would be put back in to court. Please can somebody advise me the best way forward. Many thanks in anticipation.

I received a county court claim against me on 07/01/2016, the debt is Capital one, the DCA is Cabot and their solicitors were Mortimer Clarke. I responded to the claim on money claim online, sent a CCA request and wrote my defense within the time limit. Today I have received a notice of discontinuance from Mortimer Clarke solicitors. The letter states that they have been instructed by their client to discontinue proceedings and close their file. Is that the end of it now or can this still be reopened in the future or the debt sold to another DCA?

Hi, I received a claim form for Northampton from Mortimer for an old capital one credit card which Cabot are claiming for, Ive sent off the cpr request to Mortimers and asked Cabot for a copy of the credit agreement. Today I receieved a letter from Mortimer saying we are taking our clients instructions in relation to your correspondence and will come back to you as soon as we can. In the meantime, the matter has been placed on hold. They have also attached a without prejudice letter offering me 50% off the debt and no further court action if I pay in monthly instalments. I still need to file a defence and have 2 days to do this, Ive defended claims for catalogues in the past but with this being a Credit Card not sure if its the same. Can anyone help me with what I need to put in my defence statement. Thanks

Hi, I am sad to say that I have a second county court claim issued against me. The first one is sorted. This new one is just as scary and any help will be appreciated. Name of the Claimant ? CABOT Date of issue – . 08 JAN 2016 What is the claim for – 1. By an agreement between CAPITAL ONE & the defendant on or around 03/11/2010 (‘the Agreement’) CAPITAL ONE agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. 2.THE CLAIMANT THEREFORE RE CLAIMS 650.00. What is the value of the claim? 780 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CREDIT CARD When did you enter into the original agreement before or after 2007? AFTER Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. CABOT Were you aware the account had been assigned – did you receive a Notice of Assignment? NO Did you receive a Default Notice from the original creditor? NO Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? MY HUSBAND BECAME SERIOUSLY ILL AND HE WENT ONTO DLA – I BECAME HIS CARER AND OUR INCOME REDUCED DRAMATICALLY What was the date of your last payment? I AM NOT CERTAIN (AROUND JUNE 2011) Was there a dispute with the original creditor that remains unresolved? NO Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO

hi all, A Family member has just received a ccj claim form, I have filled the form out as best i could, we are almost 100% sure it is statue barred and believe they are just chancing it, Hillesden securities Limited t/a dlc Date of issue – 14 DEC 2015 What is the claim for – The claim is for the balance of installments due & unpaid under an agreement dated 12/07/2005 & under which Black Horse LTD agreed to sell the defendant goods for a price payable by installment('the agreement'). The agreement was assigned to the claimant. PARTICULARS 1. Amount due & unpaid £1000 THE CLAIMANT THEREFORE CLAIMS 1. Amount due & unpaid £1000 What is the value of the claim? £1000 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan for a Car When did you enter into the original agreement before or after 2007? The loan is from 2005 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It has been passed onto Hillesden Securities Limited t/a dlc Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Approx. 2 month ago we received 5 annual statements of accounts dated from 28/09/2010-11/07/2015,they all come on the same day Why did you cease payments? It looks like no payments were ever paid What was the date of your last payment? It looks like no payments were ever paid Was there a dispute with the original creditor that remains unresolved? Dont know Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No We have not acknowledged the claim yet but I have set up the login online etc, We want to defend the claim and are going to use the statute barred as defense, I am just wondering what wording i need to put for this and should i wait the 19 + 14 days or just submit it straight away ? Also I have not sent any cpr request as of yet cheers in advance

To add to my woes I find that I have had 38 calls from various Capital One numbers in the last week - I have asked them to WRITE to me and to remove my numbers - they wont - advice please?

Hi Guys, A friend has received a letter, which I suspect is a fishing one, from the above. The debt is for £1700ish and it was a Sainsbury's credit card, taken out in the middle of 2004. The default date is January 2009. The correspondence they've sent contains lots of if's, maybe's etc. and that if it goes to court, ''our client will request that the Courts grant a Judgement in default by instalments of £50 per month''. It then goes on to state the consequences of a CCJ and also enclosed is an Income and Expenditure form, as well as a rather convenient Direct Debit form. My friend is certain, but not 100% that she stopped paying around 2009 due to her own circumstances back then. How can she find out when she made the last payment without going through Mortimer Clarke or Cabot?? Going by what she says, this is Statute Barred, but how can she find out for definite? Regards, Buncrana

Hi caggers, I have received a letter from Mortimer Clarke which I originally thought was to do with an alleged Barclaycard debt but now realise relates to an alleged Egg debt. The letter contains income and expenditure forms and a Direct Debit mandate for me to complete and states that if no reasonable offer if made within 14 days then they will issue a claim in the County Court. I sent a s.77/78 request to Egg in 2010 and received nothing so assumed they had no agreement form to support the demands they were making of me for payment. Should I reply to this Mortimer Clarke letter and if so how? Any help much appreciated. Cheers.

Hi, I'm not sure if anyone has any advice on this: I took a Welcome loan in 2008, which was refinanced. I then defaulted and did not hear anything for a few years. I did not follow up as heard they had gone into administration. Last summer I received a County Court Summons via Cabot/Mortimer Solicitors. I sent one of the CPR request letters, from this site and needless to say, they missed the deadline. This morning, I received a letter from the fore-mentioned Mortimer Solicitors, who have included all the info I requested in the CPR letter. They have stated that their client is happy to settle out of court and have offered a 50% reduction to settle. The question is: 1. is there anything further I can do? 2. Can they issue another County Court Summons, when first one timed out? Many Thanks talkback

Hello guys it's been a long time since I have been on here but im in a bit of a pickle. I have received a claim form from County court for a debt from 2002 with The AA. In 2006 I sent a CCA Stating that I do not acknowledge any debt from them to The Bank of Scotland who I asume owned the Debt at the time. I was wondering what to do and whether this debt may be Statute barred, I have not made a payment of this debt in over 10 years. Please help im panicing a bit here.

Cabot have been persuing me for a Halifax Credit Card Debt (pre 2007) of around £3,000. I was previoulsy paying them around £12 per month, but now cannot afford this due to being out of work. My Experian credit file strangely does not even show the original Halifax debt or any money owning to Cabot, who I assume have now purchased this. Under these circumstances should I now ask for a copy of the CCA? Thanks

Good Afternoon Hopefully I have posted this in the correct place I recently return from a job abroad since getting a new place started receiving mail from Cabot re an supposed out standing balance which they have bought (under 500) today I returned home to a letter from Mortimer Clarke telling me their client (cabot) has instructed them to start legal proceedings which would lead to a ccj they have recently added to my credit file a default but it also states this was default in 2011, some one has advised me to send a cca request but i am not familiar with this and whilst there is so much great information on this site, it has me a little info-dizzy. so I was hoping someone can assist thanks in advance

Received a claim form this morning from cabot. Last thing we need at the moment as we are struggling as it is. I have put all details below. Can i still go for unfare charges from vanquis as we had never done this? Please any help and some nice easy step by step help as i'm not to good with this sort of thing. Name of the Claimant ? cabot financial Date of issue – . 02-07-2015 What is the claim for – by an agreement between vanquis and the defendant on or around 11/08/2010 vanq agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due & the agreement was terminated. The agreement was assigned to the claiment, the claiment therefore claims £613 What is the value of the claim? 613+court fee/solicitor's costs £743 total Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card When did you enter into the original agreement before or after 2007? after 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? no Did you receive a Default Notice from the original creditor? yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no Why did you cease payments? out of work What was the date of your last payment? unknown Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no, hid head in sand!!

Can anyone help me with letter I got today? Last thing I remember about this Egg debt was when I sent Egg the CCA letters for my contract back in 2009, send both letters since they failed to respond and thought that was the end of it.

Damn! Another one has been snapped up. Cabot Have just bought MCS - Mortimer Clarke. They have now bought all of Marlin Group. Worrying! HERE Marlin Group Own Marlin Financial Services Mortimer Clarke Solictors They were subject to the Channel 4 Documentry on Debt Collection Practices through Dispatches.

Hi really hope someone can advise me.. I received two court claims on the same day from Cabot through County Court Business Centre. Dated 29th April 2015. They relate to debt from 15 years ago. One in my old name and one in my current name I wish to defend both of them. Particulars of claim are: Claim 1) By and agreement between Royal Bank of Scotland ( ) & the defendant on or around 03/06/2000 ('the agreement') agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. in breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement. The agreement was assigned to the Claimant. The claimant therefore claims 3479.86 Claim 2) By and agreement between Royal Bank of Scotland ( ) & the defendant on or around 08/09/1999 ('the agreement') agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. in breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement. The agreement was assigned to the Claimant. The claimant therefore claims 4969.80 I submitted the acknowledgement of service and requested a copy of the agreements from Mortimer under CPR 31.14 and copies of the CCAs from Cabot. Mortimer replied on 13th May regarding claim 2 saying , they are willing to the extension, and I must notify the court in writing of the agreement. It also says they believe i have already inspected the documents. They want me to confirm what documents I have to avoid duplication and then they will take their clients instructions. Mortimer replied on 19th may regarding claim 1 just saying they are taking their client’s instructions and will come back to me, again I need to notify the court Question 1) do I need to notify the court and what do I say? In between the two letters I got two further letters from Mortimer both the same but relating to each claim separately (see below) We were instructed recently to issue proceedings for an outstanding sum owed by you to our client Cabot Financial (UK) limited. The particulars of clai referred to an agreement between you and Equidebt. We have however been informed by our client that the original creditor is RBS. This does not affect your liability to repay the outstanding balance to our client. It would be possible for our client to seek to formally amend the particulars of claim; however we do not propose to do this. We suggest that the parties focus on addressing the outstanding balance rather than the procedural aspects. If you take different view, please let us know, and provide your consent for our client to file and serve amended particulars of claim. If you have responded to the proceedings please let us know in 7 days if your position has changed. If you have not responded we have been instructed to provide you with an additional 7 days to respond to the court proceedings. If we do not hear from you within this time we are instructed to request judgement by default without further notice to you Question 2) What is this all about and what do I need to do!? I have also received from Cabot on 18th May two letters both the same saying: Thank you for your request for information under the CCA. We currently do not have this information on file, however have requested it from the lender. We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits we will write again Question 3) What do I do now? I calculate I have until 1st June to file the Defence but without any documents what do I do? This debt is soooooo old that I have no idea if this amount is right or not either. Many thanks in advance for your help

Hi guys, I have been lurking on these excellent forums for a while now (wow do I wish I'd found them sooner!) but now it's time to ask for some help on behalf of the wife who has received a claim form. Name of the Claimant: Cabot Financial Date of issue: 05 May 2015 What is the claim for: By an agreement between ROYAL BANK OF SCOTLAND (RBS) & the Defendant on or around 14/04/2005 ('the Agreement') RBS agreed to issue the Defendant with a credit card upon the terms and conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 650. What is the value of the claim? £770 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Unknown about NoA Did you receive a Default Notice from the original creditor? Unknown Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that we can remember Why did you cease payments? Redundancy and financial difficulties What was the date of your last payment? Unknown as was in a DMP for a while around 2011 Was there a dispute with the original creditor that remains unresolved? Not yet Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - CAP around 2011 Would I be right in thinking the first steps would be to acknowledge the claim on MCOL, CCA Cabot and CPR to Mortimer Clarke?

Name of the Claimant ? Cabot Financial (UK) Limited Date of issue – 12th August 2014 Date of issue 12.08.14 + 19 days ( 5 day for service + 14 days to acknowledge) = 30.08.14 + 14 days to submit defence = 13.09.14 (33 days in total) - What is the claim for – the reason they have issued the claim? By an agreement between CitiFinancial ("CFE") & the Defendant on or around 24/02/2005 ("the Agreement") CFE agreed to issue the Defendant with a credit card upon the terms and conditions set out therin. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant on 02/09/2010. THE CLAIMANT THEREFORE CLAIMS 70XX.XX What is the value of the claim? £70xx.xx (~£7,000, exact figures disguised for forum post) Is the claim for a current or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? 24/02/2005 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to Cabot and issued by them. However, Mortimer Clarke have signed as the Claimant (not sure if this matters?). Were you aware the account had been assigned – did you receive a Notice of Assignment? I do not have a notice of assignment. I have kept a few letters from Cabot, one dated 13/10/2010 asking for £6,4XX and advising of a home visit which didn't happen, follow up letter 17/12/2010 asking me to call them and 07/06/2012 advising me they had passed the account to Robinson Way with a letter attached from Robinson Way requesting payment. Nothing received from Mortimer Clarke prior to the Claim Form. Did you receive a Default Notice from the original creditor? No. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No. Why did you cease payments:- Was made redundant October 2008 and couldn't afford payments. Remained unemployed until September 2009 when I became a full time student for 3 years. Stupidly, I ignored all correspondence and buried my head! Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No. I have checked my credit report this morning (Noodle) and the account is listed under defaults. Lender- Cabot Financial (UK) Limited {Note: no mention of Citi Financial Limited} Opening balance £64XX.XX (Default balance the same). Current balance £70XX.XX with a default date of 31/07/2009. I do not have history of my last payment made to Citi Financial, although due to the timeline of my redundancy I believe my last payment would have been towards the end of 2008. I will now log on to Moneyclaim to acknowledge receipt and request the full 28 days to prepare a defence. In the meantime, I would really welcome some help. 1. Should I now send a CCA1974 request to Cabot Financial Limited? 2. And a CPR31.14 request 1 (credit card/loans) to Mortimer Clarke? 3. Should I send anything to Citi Financial Limited? Thanks for reading.

Hi all, New member, first post, so please be gentle with your replies I need sound advice on my next course of action. I have an alleged debt of £2.5k approx relating to a credit card. As a lurker on these forums for some time, I know a little about this process, so I wrote to Mortimer Clarke Solicitors previously and said the alleged debt is statute barred. To quote their reply: "You have alleged that the claim is statute barred. Section 5 of the Limitation Act 1980 provides that an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued." "The six year limitation period runs from the latest date on which:" "1. A payment was made towards the debt, or" "2. The agreement was terminated, or" "3. You acknowledged the debt in writing" "We are instructed that in this case the cause of action accrued when the agreement was terminated on 08/08/2009. Therefore the claim is not statute barred. If you disagree please explain why. Alternatively please find enclosed an income and expenditure form for you to complete and return". That's it. I don't know if the 2009 date is correct or not. What are your suggestions as to my next move? I have never acknowledged this debt in any way, and in my previous letter to them I asked them for a signed copy of the credit agreement which I have not received. So should I go back and repeat this request, and how should I word it? Any help will be greatly appreciated. Thanks.