Cabot/mortimer claimform - JD WILLIAMS T/A Marisota Cat Debt

[nicolee2931]

I'm posting on behalf of my son and his partner, and are in need of some assistance.

 

On the 14th December 2015 my son and his partner were served with separate MCOL claims,

one for Jacamo and

the other for Marisota.

 

 

I'm familiar these two accounts belong to the JD Williams group of companies.

 

A little background.

 

My son and his partner did have separate accounts for those mentioned above while they were living at home with me and my partner.

I know for a fact my son and his partner sent both Jacamo and Marisota a letter stating they had moved home.

 

 

However over many months both started to receive letters,

I was instructed by my son just to write the forwarding address on the envelope and to place it back in the letterbox.

Several months passed where every week I was sending mail back and then suddenly it stopped,

 

 

fast forward around 2-3 months later,

just shortly after the 14th December 2015 two MCOL claim packs arrived at my sons new address

one for my son and

the other for his partner.

 

The DCA responsible for this is CABOT and the solicitors Mortimer Clarke.

 

 

while it appears CABOT are happy to send correspondence to my son and partners previous address,

they then go on to issue the MCOL forms at their new address,

it seems to me CABOT knew what they were doing to cause confusion.

 

I have today with the assistance of my son and his partner completed the Acknowledgement of Service on the MCOL portal,

so we don't have to get a defence in right away

but at least we have a little more breathing space of around 14 days.

 

The particular problem for my son is I have been looking through his contract of employment

and should he get a CCJ his employer will dismiss him,

 

 

I'm not sure if they can dismiss him should his partner get a CCJ,

but for him and his family it would be devastating considering he is the single earner in the household

with a two year old child and another on the way.

 

My concern is how to approach this,

I know what CABOT have done is utterly despicable but for my son there has to be a way of dealing with this either by defending or by a Consent Order.

 

I know there will be the judgemental few out there who will try and say well they should have paid their accounts,

but when your youngest child has been seriously ill and you are losing 3-4 days a month from work for hospital appointments

then these matters have to take a back seat.

[dx100uk]

can you confirm please....

they have two separate claimforms

one each for DIFFERENT DEBTS.

or

they have each received a claimform for the same debt?

 

 

dx

[nicolee2931]

They have each received a Claim Form for separate debts, one of the debts is with Jacamo, the other is Marisota.

 

My sons claim was in relation to Jacamo, his partners was in relation to Marisota.

[dx100uk]

ok thank you

 

 

can you start a new thread

 

 

for the other claimform so's we keep them separate..

and fill in and copy and paste the Q&A for each one too.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

 

thank you

[nicolee2931]

I'm posting on behalf of my son and his partner, and are in need of some assistance.

 

On the 14th December 2015 my son and his partner were served with separate MCOL claims,

one for Jacamo and

the other for Marisota.

 

 

I'm familiar these two accounts belong to the JD Williams group of companies.

 

A little background.

 

My son and his partner did have separate accounts for those mentioned above while they were living at home with me and my partner.

I know for a fact my son and his partner sent both Jacamo and Marisota a letter stating they had moved home.

 

 

However over many months both started to receive letters,

I was instructed by my son just to write the forwarding address on the envelope and to place it back in the letterbox.

Several months passed where every week I was sending mail back and then suddenly it stopped,

 

 

fast forward around 2-3 months later,

just shortly after the 14th December 2015 two MCOL claim packs arrived at my sons new address

one for my son and

the other for his partner.

 

The DCAicon responsible for this is CABOT and the solicitors Mortimer Clarke.

 

 

while it appears CABOT are happy to send correspondence to my son and partners previous address,

they then go on to issue the MCOL forms at their new address,

it seems to me CABOT knew what they were doing to cause confusion.

 

I have today with the assistance of my son and his partner completed the Acknowledgement of Service on the MCOL portal,

so we don't have to get a defence in right away

but at least we have a little more breathing space of around 14 days.

 

The particular problem for my son is I have been looking through his contract of employment

and should he get a CCJ his employer will dismiss him,

 

 

I'm not sure if they can dismiss him should his partner get a CCJ,

but for him and his family it would be devastating considering he is the single earner in the household

with a two year old child and another on the way.

 

My concern is how to approach this,

I know what CABOT have done is utterly despicable but for my son there has to be a way of dealing with this either by defending or by a Consent Order.

 

I know there will be the judgemental few out there who will try and say well they should have paid their accounts,

but when your youngest child has been seriously ill and you are losing 3-4 days a month from work for hospital appointments

then these matters have to take a back seat.

 

Although these threads may be the same they relate to separate claims.

 

The other thread is here..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?457714-MCOL-claim-received.(33-Viewing)-nbsp

[nicolee2931]

Name of the Claimant - CABOT

 

Date of issue – 14th December 2015

What is the claim for –

By an agreement between JD WILLIAMS T/A Jacamo & the Defendant dated 03/09/2012 ("the Agreement")

JD WILLIAMS T/A Jacamo agreed to is sue the Defendant with a credit account.

The Defendant failed to make the minimum payments Due & the agreement was terminated.

The agreement was assigned to the Claimant. The Claimant therefore claims £1530.

What is the value of the claim? £1715.

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Cat

 

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. Debt Purchaser (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? Not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Son fell ill, time missed from work.

 

What was the date of your last payment? 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 managementicon plan? Original creditor knew of absence from work.

[nicolee2931]

Name of the Claimant ? CABOT

 

Date of issue – 14th December 2015

 

What is the claim for – By an agreement between JD WILLIAMS T/A Marisota & the Defendant dated 29/06/2012 ("the Agreement") JD WILLIAMS T/A Marisota agreed to issue the Defendant with a credit account. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. The Claimant therefore claims £1445.

 

What is the value of the claim? £1445, including costs £1595.

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Cat

 

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. Debt Purchaser (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? Not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Son fell ill, time missed from work.

 

What was the date of your last payment? 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 managementicon plan? Yes, original creditor advised of time missed from work.

[dx100uk]

can you pop along to say noddle [below]

and findout the date the account was opened please

[dx100uk]

pop off to say noddle and findout the takeout date if you can please

[nicolee2931]

Looking at both .PDF files supplied by my son his Jacamo account was opened on the 3rd September 2012, exactly as it says on the claim form.

[nicolee2931]

The noodle .PDF files my son created state this account was opened on 29th June 2012, exactly as claim form.

[dx100uk]

ok who's blind......

 

def due Friday 15th by 4pm.

 

ok get a CCA request off to cabot

get a CPR 31:14 off to Mortimer [legal section of the library]

 

read the full CCA/CPR threads FIRST before sending each letter.

 

dx

[dx100uk]

ok who's blind......

def due Friday 15th by 4pm.

ok get a CCA request off to cabot

get a CPR 31:14 off to Mortimer [legal section of the library]

read the full CCA/CPR threads FIRST before sending each letter.

dx

[nicolee2931]

Its early morning, small over sight, will get those requests sent off.

 

I will get those requests sent off first thing tomorrow.

 

Thanks for the help.

[mikeymack2002]

You may be unaware that the response letter from Cabot will state they need 40 days to comply with the CCA request. This is wrong it is 12+2 days only. Keep this letter safe as you may be able to use it later...