Mortimer/cabot Claimform for debt paid under old IVA?

[Farlsar]

Hi

 

I have yesterday received what LOOKS like court proceedings from the CCBC

saying that Mortimer Clarke Solicitors on behalf of Cabot Financial

are taking me to court for a debt supposedly owed from 2007??

 

I started getting letters many years ago which I ignored

because I thought it had something to do with the CCJ/IVA I was in from 2003 until 2010.

I thought it was a con.

 

Especially as no one ever turned up on my doorstep etc.

 

I just ignored them.

 

Now this looks like a court letter, but I am not sure if its kosher,

and I really dont know if I should reply or not.

 

I dont owe anyone any money and ended my IVA in 2010.

 

What should I do?

[dx100uk]

ok no sweat

 

can you scan it up please?

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

or use Primo PDF.

.

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAG in the title

i'e Default notice DD-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

you can click on your links to check them too!

.

dx

[Farlsar]

Can I just point out, Cabot or whoever this was, was never under my original IVA as I never bought anything from JD Williams. This debt doesnt exist and never has.

[Farlsar]

This debt is non existent.

 

I have never bought anything from JD Williams and this was not part of my IVA

as it seemed to occur whilst I was insolvent.

 

I couldnt have bought anything on credit between 2003 and 2010 anyway,

 

so this should prove I haven't bought anything!

 

I would like to see what I supposedly bought,

 

how it was ordered and to whom it was delivered.

 

Can't I ask for that?

[dx100uk]

claimform is real so you must deal with it

 

lets go thru a few things first

 

have you moved in recent years?

 

dx

[Farlsar]

yes about 2 years ago

[dx100uk]

well it was taken out

prob online in 2008

 

so prior to 2yrs ago how long have you lived there?

 

anyhow

 

you'll need to ack the claim online

 

and get a CCA request and a CPR 31:14 off

 

might be worthy to send an sar to JDW

 

have you the account number on the claimform from JDW?

 

if you have wont hurt to ring them and ask a few questions

 

as the SAR could take 40days

 

dx

[citizenB]

This debt is non existent.

 

I have never bought anything from JD Williams and this was not part of my IVA

as it seemed to occur whilst I was insolvent.

 

I couldnt have bought anything on credit between 2003 and 2010 anyway,

 

so this should prove I haven't bought anything!

 

I would like to see what I supposedly bought,

 

how it was ordered and to whom it was delivered.

 

Can't I ask for that?

 

 

Yes, you can indeed ask for information by way of CPR part 18. You can only ask questions using this request.. I have drafted up an example for you. You should amend to suit your own requirement..

 

[ATTACH=CONFIG]51980[/ATTACH]

 

Has anyone made contact with you regarding this account previously.... Did you receive the Notice of Assignment, Default Notice, any letters demanding monies ? If not, then I suggest you also ask within the CPR part 18, these questions. Depending upon their response, you can then ask to see documents they are relying on.

 

You also need to send the CPR31.14 from the link below. Amend to include only those items mentioned within the claim form.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

Which are..

 

The agreement

The notice of assignment

Statement of account.

[citizenB]

You have a timeline to adhere to.

 

Date of issue - 30 June 2014 + 5 days for service = 4 July 2014 + 14 days to acknowledge the claim = 18 July 2014 + 14 days to submit a defence = 01 August 2014

[goodatresearch]

JD Williams has a number of catalogues with different names. Sure you've never ordered from a catalogue?

[Farlsar]

Absolutely sure!

[goodatresearch]

It would also be interesting to hear what JDW are saying you actually purchased to rack up £1179.

[dx100uk]

it would be to your advantage to get those letter/requests off TODAY.

 

or you'll be losing 3 of your 33 days.

 

use 1st class with free proof of posting from the PO counter

when you get your BLANK £1 postal order for the CCA request

and your £10 one for the SAR to JDW with ref to the simplybe account.

 

the only letter you sign is the SAR request

 

don't sign the others!

 

nor the PO's

 

as for the sar you'll need to put your old addresses in somewhere

AND

include say a copy of your current CTAX bill as proof of where you are now.

 

prior to moving 2yrs ago [as that is too soon ]

where were you in 2008?

were you in that house till you moved 2 yrs ago?

 

dx

[Farlsar]

Should I post the SAR to JD Williams (have no idea where they are but could google it.). Also, wouldnt have a reference number other than the Cabot financial number and the court number

[dx100uk]

griffin house

40 lever street

 

Manchester

 

M60 6ES

 

you don't need the account number

 

dx

[Farlsar]

Thank you so much for all your help!

 

You have been amazing.

 

I posted the docs today with postal orders (first time I have used a postal order in about 40 years!).

 

I did post the sar to mortimer clarke solicitors in the end

 

so I hope they forward it to the relevant dept.

 

Anyway, all done! Many many thanks xx

[dx100uk]

opps no good sending Mortimer it

 

they'll have no info nor will they fwd it.

 

dx

[Farlsar]

oh dear. Hopefully they will send my tenner back! I had to catch the post so just did it. lets wait and see.

thanks again.