Cabot/Mortimer - unknown CCJ for old Cap1 debt.

[sequoia]

Hi,

 

Received two letters today:

One from Mortimer Clarke Solicitors (dated 28/01/2016) Re: Cabot indicating that they have received no response to the claim form issued.( I was going to ignore it until I looked at the second letter...)

 

Letter Two: Judgment for Claimant (in default), from the County Court, dated 28/02/2016

Claimant: Cabot Financial (UK) Ltd.

 

I checked my credit file using Noddle:

 

It shows one active credit card which is OK and currently active.

Then ..

Starting from Oct 2015 to Dec 2015 there is an entry for Cabot with a Default for each month. There is nothing else there, no balance history . The account details state that it is a credit card , defaulted 25/04/2010 - Balance: £680. Account start date 11/04/2008.

 

On public information there is a CCJ from 28/02/2016.

 

I had two credit cards back then , one I know was paid off, the other obviously was not. I think it may have been a Capital One credit card.

 

I have never received a Claim form and have not had any dealings with Cabot.

I have not had a Notice of Assignment .

 

Should I contact to Court to apply for the Judgment to be set aside because I did not receive the Claim Form and have no proof that I owe Cabot anything?

 

Can I get a copy of the Claim Form? (i feel disadvantaged because they seem to have all the information whereas I have none)

 

Should then CCA Cabot and CPR 31:14 Mortimer Clarke?

 

Any help or guidance greatly appreciated .... Thanks.

[Old Cogger]

Letter Two: Judgment for Claimant (in default), from the county courticon, dated

 

28/02/2016

 

 

Claimant: Cabot Financial (UK) Ltd.

 

 

 

letter from the future???????????

[sequoia]

Sorry, court date was 29/01/2016...

 

Cannot find last payment from bank account so I will contact Cap1 tomorrow.

[dx100uk]

I take it you've moved since you took the card out

so after they purposefully got the CCJ

by serving papers to your old address

 

 

they've miraculously found your new address once they'd got default judgement and written to you..

 

 

dx

[sequoia]

No, I don't think I have moved since taking the card out, but I did not receive a Claim Form and I have no idea what the particulars of the claim are. I remember getting a statement from Cap1 about 12-18 months ago but have had no other contact I am aware of.

 

I was going to ask to set aside, using N244 (Do I just take that to the local court?) so that I defend the claim.

 

I have checked my bank account but because my wife also has a Cap1 credit card and there are two payees set up, I cannot tell which one is the correct account. They both have the same reference number.

 

So do I have to SAR Capital One and send a CCA request to Mortimers?

 

I looked through some other threads and think I know what to do, but when it comes to doing it I start wondering if I am on the right track.... sorry if you've heard it all before.

 

thanks....

[dx100uk]

well if you've not moved since the cap1 statements

then they must have cheekily filed to an old address

 

cant see several letters and the claimform all going missing.

 

you can set aside, but, you'll still need a defence for the actual debt too

 

why not give northants bulk a ring

and get a copy of the claimform

 

not a lot of point doing anything else yet.

going by the defaulted date

I suspect cabot did this so as to not miss a chance of free money on an almost statute barred debt.

 

not harm in ringing cap1 and getting last use/payment date

[sequoia]

Hi, Thanks for replying...

 

The Court Office said they could not send a copy of the claim form but they emailed the details of the claim instead. They also emailed a N244 to apply to set aside and an EX160 for help with fees if required.

 

Contacted Cap1 but they said they had limited information and told me to phone Cabot (didn't really want to phone them, but I might try later).

 

Thanks...

[AndyOrch]

Cabot will have even less if anything information wise.....CAp 1 do hold the information...they are required to by law.

[dx100uk]

sadly sar time then me thinks to cap1

[sequoia]

Hi,

Unfortunately I did not get around to SAR ing Cap1...

Lots of family health problems so I kept putting it off, which really is the wrong thing to do.

 

I received a Bailiff letter (Notice of Issue of Warrant of Control) from the local Court.

 

Phoned the Bailiff and told him I intended to apply to set aside.

He said to phone Mortimer Clarke and see if I could make an arrangement with them as they are usually very helpful.

He said they are one of the better ones.

 

He phoned me the next day asking if I was still intending to set aside as nothing had been received at the court.

Luckily I had just posted my application and he said he would not take any further action (which was a relief).

 

Notice of Hearing of Application was set for Aug 29 later today.

 

I have not received anything from CAP1 SAR (they are still in time)

so I was going to request more time as I have nothing to form a defence.

 

I received a letter on Tue 28 Aug (day before the hearing... they could have sent it a week ago at least) from Mortimer Clarke:

 

It confirms the application to set aside and says they are prepared to agree to set aside the judgement on condition that I file a fully pleaded defence within 21 days.

 

They further request the matter is stayed for six months in order for parties to reach a settlement.

They also respectfully excused themselves from attending court in order to save costs.

 

They included a Draft Order confirming the above and cancellation of registration entry as long as I file and serve a fully pleaded defence within 21 days.

 

Do I still need to go to the hearing, or will I be just wasting the Court's time?

 

Many Thanks.....

[dx100uk]

did you ring cap1 and find out last payment date?

 

 

it appears cabot/Mortimer know the score and are awaiting you to prove you have found out its SB'd

 

 

dx

[sequoia]

Wow that was quick...

 

When I phoned Capital One said they had no account information and although they had a record of my details it was very basic.

 

The SAR should throw something up.

 

Thanks

[AndyOrch]

" Do I still need to go to the hearing, or will I be just wasting the Court's time? "

 

Yes....and no

 

Andy

[sequoia]

Went to the hearing... Judge read the letter from Mortimer Clarke that they had received that morning.

 

Informed me that I had until Sept 21 to file a fully pleaded defence as per Mortimer Clarke's draft Order, for the judgement to be set aside.

 

Also they amended that the matter be stayed for six months in order for both parties to reach a settlement, to three months because six was,'way too long'.

 

Just waiting for Capital One now. SAR'd them on Aug 14. I won't be able to file a defence without their information.

 

AM I correct in thinking that if I deliver a suitable defence and the judgement is set aside, that Mortimer Clarke are looking to settle out of Court?

 

I was a bit confused by the judgement being set aside... I assume that this cancels the Court action but Mortimer Clarke can issue another claim if they want to (I suppose it depends how good my defence is), although they are asking for the matter to be stayed in order to reach a settlement at the same time.

[renegadeimp]

Why would you settle out of court if the debt is SB?

 

If they try and issue another claim, then you can CCA them or use the SB defence and kill it.

[AndyOrch]

Its not been set a side yet...that will be decided on the 21st Sept and depend on your defence.

 

Andy

[sequoia]

Hi, just a quick update:

 

After the hearing I wrote to Mortimer Clarke under CPR31:14 to gather information so I could file a defence.

 

I also informed them that Cap1 had not complied to my SAR.

 

I also phoned them a few days later and they confirmed that they had received the letter but nobody from that particular department was available.

 

I told them I could not file a defence with no information..

. they asked me to phone back.

 

I've heard nothing from Mortimer Clarke or Cap1 .

 

I checked my Credit File: The CCJ and Default have disappeared.

There is no mention of Cabot either.

[dx100uk]

success then well done!!

[AndyOrch]

Has the court issued an order/date for you to submit a defence ?

[sequoia]

hi, think i jumped the gun a bit...

 

Got a letter from Mortimer Clarke with a copy of the Court Order saying the judgement has been reinstated because I did not comply with the Court Order, in that I failed to file a defence.

 

Apparently,

they are keen to resolve the matter without the need for further court action and they have included a payment proposal and income/expenditure form.

They also say they will enforce the Judgement Sum if I do not reply within 14 days.

 

I wrote to Mortimer Clarke after the hearing using CPR31.14 .

They confirmed that they received my letter when I phoned them up, but I have never received a reply from them.

I also SAR'd Cap1 but have heard nothing. I have nothing to file a defence with.

 

will I have to issue an N244 again,

they must know that I cannot file a defence and they are just trying to scare me but they are wasting the court's time.

Edited January 8, 2017 by sequoia
grammar tsk

[AndyOrch]

Check yourself with Northampton that it has been reinstated or upload a copy of the order here.

 

You can also check here to see if the judgment has been registered.

 

http://www.trustonline.org.uk/

 

If it has then Im afraid its game over.

 

Andy

[sequoia]

Sorry for my ignorance, but would Northampton and my local court both have information on whether the original judgement has been reinstated. I'll phone them tomorrow.

 

The copy Mortimer Clarke sent me says (on what looks like an official court document) that I did not serve a fully pleaded defence within 21 days.

 

I did contact Mortimer Clarke within the 21 days but they did not reply to my letter that I sent. I suppose I should have gone back to court and used the fact that they were unable/unwilling to provide the information I needed as my defence.

 

why is it game over? can I not force them to give me the information they are basing their case on?

 

Sorry I cannot upload any documents at the moment.

[dx100uk]

yes you can

click the word upload and read

[dx100uk]

you should have filed a holding/no paperwork defence to the court by the date given.

you don't need any paperwork from the claimant to do that.

have you the sar now?

[sequoia]

I cannot scan the document that's why I could not upload it....

 

I still have no SAR from Capital One .

 

I haven't been on the ball really, should have been a bit more proactive but have been helping my father in law since he had a stroke.

 

Is it worth contacting Mortimer Clarke again to see why they ignored my letter?