Cabot/Mortimer claim form - LTSB Credit Card 'debt'***Claim Discontinued***

[2stretched]

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

[shamrocker]

Hi 2stretched

 

You need to visit this link and post here the answers to the questions - http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

 

Also, get yourself onto the MCOL website to acknowledge the claim and register your intention to defend all. The guys here can then assist you with defending the claim. Your defence will need to be submitted within 33 days from the date on the claim form.

 

Looking at the date on the agreement and the fact they've been rather vague in respect of the account details, I'd say you'll have a fair chance of achieving some success on this if you handle it correctly. It will depend on what paperwork they can produce, and that will be the challenge you will be looking to set them.

 

Sham

[2stretched]

Thanks, I went to the MCOL website immediately and acknowledged it and ticked the box intend to defend, hoping they do not have the paperwork!

[shamrocker]

It's interesting that they're not claiming statutory interest. Could you go to that link and post up some answers to the questions.

 

Sham

[2stretched]

CABOT FINANCIAL (UK) LIMITED

 

Date of issue 19/10/2015 + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

What is the claim for – the reason they have issued the claim?

 

 

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 3830.00

 

What is the value of the claim?

Amount Claimed 3830.00

Court Fee 185.00

Legal Rep Fee 80.00

Total 4095.00

 

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?

As Above on or around 15/10/1998

 

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 (Cabot )

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Yes

 

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 ?

Unsure

 

Why did you cease payments?

Ran out of money

 

What was the date of your last payment?

Via Payplan december 2014

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?

Yes

I hope that is better, as I said earlier I have not been organised and managing it well and time is not on my side as usual, I have sorted out the CPR31:14, but did not know what I should put on the CCA for the account/Reference seeing as that is not mentioned on the Claim?

[shamrocker]

Has the claimant not corresponded with you on this prior to issuing the claim? The account details will have been on that correspondence.

[theoldrouge]

use the ref that cabot/ mortimer clarke should have corresponded with you

 

for an ac of that age it is highly unlikely that an agreement can be obtained

 

so get the cca request and cpr off asap by signed for delivery

[2stretched]

Thank you, I will sort that out tonight and post it in the morning.

[2stretched]

Why does the MCOL website have to break so I can't login or access it..............have to go old style now, as even the phone lines are down and apparently have been for several weeks

[theoldrouge]

you can email your defence dont miss the due date

[AndyOrch]

Have you finalised a defence yet ? It may be wise to post it here before you submit it...for opinion.

 

Regards

 

Andy

[2stretched]

I did eventually find a telephone number that got me through and the helpful person on the other end said the phones had been out of action for several weeks!!! He sent me the email address to send defence to, I have until the 24th. I sent the CCA and CPR off so at present defence relies on no paperwork being produced, unless I know what they have I have no defence?

[AndyOrch]

I did eventually find a telephone number that got me through and the helpful person on the other end said the phones had been out of action for several weeks!!! He sent me the email address to send defence to, I have until the 24th. I sent the CCA and CPR off so at present defence relies on no paperwork being produced, unless I know what they have I have no defence?

 

But the only problem with that is they dont have to disclose until after you submit your defence......?

[WelshMam2009]

I sent the CCA and CPR off so at present defence relies on no paperwork being produced, unless I know what they have I have no defence?

 

If it's any consolation 2streteched, I received a claim form from Cabot last year, for a Lloyds credit card which was taken out at a similar time to yourself. To date, I have not received any paperwork from them and the claim is presently stayed. These companies rely on people being intimidated by the court process and failing to acknowledge or file a defence. They want default judgements.

 

Your defence will be pretty generic and you will put the claimant to strict proof to demonstrate that you entered into an agreement with them. I guarantee that you won't receive a copy of any agreement before the defence filing deadline. What you will receive is a letter from Cabot telling you that they have contacted the original creditor and will respond within 40 days (clearly ignorant of CCA and SAR prescribed deadlines!)

 

Search through the threads as there are plenty of examples of defences that you can tailor to suit your needs.

You do need to get a move on though as, by my reckoning, your defence has to be submitted by no later than Friday of this week.

[dx100uk]

yep def due by 4pm this Friday

 

 

copy and paste your thread title into the search cag of the red top toolbar

 

 

lots of like claims already

[theoldrouge]

I have until the 24th. I sent the CCA and CPR off so at present defence relies on no paperwork being produced, unless I know what they have I have no defence?

 

You should note as dx says your defence is due THIS FRIDAY Nov 20, do not miss it

[2stretched]

Should have replied,

 

 

finished this ages ago,

 

 

I had the same response as WelshMam,

 

 

no documentation and so claim was dropped.

[dx100uk]

what do you mean by dropped?

 

 

stayed or disc'd?

 

 

dx

[2stretched]

Should have said discontinued as it is an unenforceable debt

[dx100uk]

great news

well done

 

 

dx