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Cabot/mortimer claimform - old Aqua Credit card

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Hi

 

apologies for the long winded post.

 

Please can someone advise on a debt issue i have with Cabot financial.

They purchased the debt from Aqua and sent various letters relating to the debt.

Eventually it was passed to Mortimer clarke solicitors advising pending ccj request.

 

As they didnt have a web portal to complete an income and expenditure form i did it on cabot's website instead

after about a week i received an email saying contact Mortimer clarke.

 

I neglected to do this and was issued with county court papers on 06/07,

i contacted both parties to make a payment arrangement but was declined and it was as if all they wanted to do was get the ccj.

 

After pleading my case with no willingness to negotiate on their part i decided fight the case and request a cca which i have done.

They have failed to provide a cca

 

i have received a letter dates 30/08 from court saying they have 30 days to notify how to proceed then case will be stayed.

 

Prior to this i have been in touch with debtline who said i could request a tomlin order which is at the creditors discretion

i contacted cabot and mortimer clarke with the request and needless to say they were unwilling to agree and just wanted the ccj.

 

At the time i just thought it was a mutual agreement between myself and cabot but it turns out it is an official court order which i suppose is better than a ccj.

 

I have received a letter the other day 06/09 from Mortimer clarke headed "without prejudice save as to costs" it says that cabot are willing to agree to a tomlin order and i have 14 days. They have attached an income and expendature form to complete along with an offer.

 

The debt collection teams for both companies were so unhelpful and unwilling to listen to the fact i had initially completed the online form for cabot or the reason i was in debt in the first place.

 

The debt is from a bad point in our lives and i am not unwilling to pay it back but these companies buy the debt for a fraction of the price and go straight for a ccj, absolutely despicable.

 

The defiant side of says stand your ground and keep fighting on the grounds it is currently unenforceable but my head is saying complete the form.

If i agree to a tomlin order and there are issues further down the line the lack of a cca will be irrelevant ill just end up with a ccj and this will have been for nothing.

 

Just wanted to know if anyone had been in a similar situation or can advise what my options are.

 

Kind regards

 

Ian

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fight it

don't give these fleecers free money!!

 

let is get stayed

and STOP PHONING THEM!!

writing only then you have a paper trail

 

you've already had the begging letter so that smacks to me they have no paperwork and it wont go anywhere.

 

let it get stayed then it will cost them more to unstay it too.

 

can you fill out the below

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

 

and post up the defence you filed and on what date you filed it..please


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thread title updated and moved to legals


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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