Mortimer Clark/Cabot/CitiFinancial/Northampton Court

[mrichard4]

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

[theoldrouge]

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?

[mrichard4]

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?

[theoldrouge]

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?

[mrichard4]

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.

[ims21]

Thread moved to the Legal forum

[dx100uk]

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

[mrichard4]

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

[AndyOrch]

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

 

Andy

[mrichard4]

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.

[AndyOrch]

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.

[mrichard4]

Hi All

 

Just to confirm, I have to file my defense by the 18th of July as my letter is dated 15th June. Is this correct?

 

Thanks

[dx100uk]

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

 

dx

[mrichard4]

I am actually drafting a defence dx as they have not provided any proof of debt. Am hoping to submit sooner. But I dont know if lack of paper work will compel a dismissal.

[dx100uk]

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

[mrichard4]

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

[AndyOrch]

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:

[mrichard4]

Thanks AO. Is there anything I need to do or just wait.

[mrichard4]

Hi team

 

can the wait be indefinite or do I wait until the debt gets time barred. Just wondering if i can get them to admit they have no paper work and let me move on with my life.

 

Regards MR

[Ganymede]

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.