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    • good idea take some pix and put them in a PDF read UPLOAD dx
    • thread title updated moved to overseas debt forum. sadly as they are outside any UK jurisdiction upon DCA rules which state in the UK they must not call employers, there not alot you can do to stop these scammers. make sure you totally make private ALL social media twitter/facebook/linked in etc etc as there no-way for them to findout where you work otherwise so you must have a leak somewhere. find it. your employer details arent even legally available to UK DCA's so how have they found it out to date???  simply write to the BANK informing them of your correct and current address ALWAYS!!. if you want to arrange payment or not TO THE BANK ONLY thats upto you. never ever ignore a Statutory Demand a Letter Of Claim a Court Claimform. if if if any of those ever happen. till then ignore and rewash. dx    
    • Date of issue –   13 may 2024 AOS date 31st may defence filing date 14th june plenty of lowell card claimform threads here use our enhanced google searchbox Lowell card claimform id be reading at least 5-10 threads a day. do NOT MISS your defence filing whatever happens.  
    • Hello All,  I’m hoping someone can help me urgently here. Firstly, I’d like to say I have read multiple other threads and have some what an idea of what I should be doing, however my case might be slightly different so coming with my own questions here.    my situation is I lived in Dubai and had a credit card and a loan, loan with HSBC and credit card with Emirates (or the other way round), I lost my job and was forced to leave the country as I was staying in the country on my companies visa.    since coming back, after a few years 2 different debt collections agencies have been approaching me (one being IDRW and the other J&P). I’ve never answered IDRWW and they constantly chase me by calling and messaging me and my employer. My current company is ok with this as I explained the situation but I’m soon to be joining a new company who definitely won’t be ok with being messaged and called. I’m afraid to continue to ignore them as they may message and calm the new employer as they have before and I’ll lose my job. However, it seems clear from these forums that dealing with the debt collection agencies is never a good idea. You shouldn’t agree to the amount or pay anything.    j&p caught me on my phone but I still haven't sent them any money or confirmed the amount they’re saying is owed, they keep pushing to pay off the “principal” amount by making monthly payments, from reading these forums it seems like if I make one of those payments (they have provided bank details for ENBD), then it’ll just be paying off interest and not actually clearing the principle debt and the bank won’t even approve receipt of payment or that it’s coming off principle.    this is my predicament as ignoring them might not be an option if they chase my new employer. Maybe there’s a way to ensure the debt collection agency don’t contact my new employer?? I don’t know? Massively appreciate peoples help here. Thanks, 
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Mortimer Clark/Cabot/CitiFinancial/Northampton Court


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Hi Caggers

 

Received a N1CPC claim form today which i have acknowledged through MOCL

 

Name of the Claimant ?=Cabot Financial

Date of issue=15th June 2014

Particulars of Claim?=By an agreement between CitiFinancial around March 2002 defendant failed to make the minimum payments and agreement was terminated.

What is the value of the claim?=870

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?Approx. 2002

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. = The Claim has been issued by a debt purchaser (As i do not have any agreement with 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 (Not one that i can recall)

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?=I have not seen any of these.

Why did you cease payments:- = Could not afford it any more, tough times, lost job, gone on benefits then out and started my life again

Was there a dispute with the original creditor that remains unresolved? = None as i ceased payments when I could not afford it

 

I have now requested for info on CPR31.14

I have also sent (send a CCA1974 request to the claimant) with 1 pound attached PO

 

I gather from most cases in the forum, i do not need to do anything for now apart from keep an eye on the Court Calendar to file my defence.

 

Based on the dates, are you able to help me work out the latest day i should file my defense by?

 

Thanks Caggers

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You have 33 days from day of issue,5 deemed served, 14 to acknowledge, further 14 to submit defence.When was your last payment or acknowledgement of this ac?

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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You have 33 days from day of issue,5 deemed served, 14 to acknowledge, further 14 to submit defence.When was your last payment or acknowledgement of this ac?

 

Must have been end 2009 but no later than feb 2010.

 

Do I neef to fo anything at the moment?

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Read similar threads to give you an idea of suitable defence, highly unlikely they will be able to produce your agreement, only ever seen 1 from citi for that period.Any PPI or charges?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Read similar threads to give you an idea of suitable defence, highly unlikely they will be able to produce your agreement, only ever seen 1 from citi for that period.Any PPI or charges?

 

I don't think there was any ppi charges as I have always stayed away from them.

Thanks for your replies. Any other suggestions most welcome.

 

If there is anyone who has had some experience with Mortimer and Cabot, please say something.

 

Thanks to all for the great work.

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cabot and Mortimer usually hope for an undefended default win.

 

citi card CCA from 2002!!

not a change they'll find that.

 

I take it this has been doing the rounds of everyone before cabot chanced their arm ?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi. We are now in receipt of acknowledgement from mortimer clarke and offer to extend by 28 days as they consult their client. Have not received any of the other information I requested for. What's the best course of action now. Thanks Caggers

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I would refuse their offer and submit on time...gives them less chance to find and manufacture any supporting paperwork.

 

Andy

We could do with some help from you.

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Thanks Andy. I have looked in the forum for an example successful defence with no luck. Are you or any of the caggers able to point me to one. I just need to have an idea on the wording.

 

Am assuming they should have taken legal action with all the evidence ready so asking for another 28 days should not be acceptable amd I agree with Andy on thos one.

 

Thanks.

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Have you looked in the Legal success forum...?

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

Every thread has a defence.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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by midnight, 33 days from the date on the claimform..that is day one

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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bit of a way to run yet

 

there are lots of defences by AO already in this forum

which will suit with little adaption needed.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 5 weeks later...

Hi Team

 

After filling my defence and receiving confirmation from the the court of the same, Mortimer Clarke have now come back and asked to hold while they obtain instruction from their client.

 

As am aware, they have 28 days to respond to my defence failure to which the case will be thrown out. Please advise. Thanks for your great support Caggers.

 

M

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Not quite...failure to respond to your defence within 28 days and the claim is stayed automatically......they dont put it on hold. So they can take as long as they wish obtaining instruction from their client.....or more accurately looking for the relevant paperwork:madgrin:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 5 weeks later...

It can be stayed indefinitely until the Claimant makes an application to lift the stay and continue with the claim. No way to know if this will or won't happen though.

 

As for being statute barred, the clock for this stops on the day the Court receives the claim so technically it will never be time barred.

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