Cabot / Mortimer Clarke - Without Prejudice Letter Received Before Court

[chickensoupsoul]

My partner has a court hearing booked for 30th April 2019 to have a CCJ set aside on the grounds Cabot knew our current address yet served the CCJ papers to an old address regardless.

 

We were in contact with Cabot in August 2018 with regards to another debt they were trying to claim from a HFC Bank Loan, we had no idea what this was for, so we went the CCA route on this one and they couldn't provide anything so that was dropped, with the occasional letter still coming in now offering us help with payment

 

The CCJ papers were filed by Cabot on October 3rd 2018, despite ongoing correspondence since August 2018 regarding the CCA previously mentioned for the HFC Bank and correspondence received by Cabot in relation to another debt as far back as 3rd June 2018, all to the current address.

 

Today we received a letter with the subject "without Prejudice save as to costs".

 

This was received by Mortimer Clarke on behalf of Cabot Financial. In the letter it states the following:

Upon the parties having agreed terms of settlement

By Consent 

It is ordered that:

1. The judgment granted on xx/xx/xxxx be set aside.
2. The registration entry be cancelled.
3. The claimant's Claim against the Defendant be dismissed.
4. The Claimant and Defendant will be responsible for their own costs in this action

 

The letter does not state the terms of settlement offered, but on a phone call to Mortimer Clarke they said that the settlement terms were if we agreed to set up a payment plan for the original claim made by them.

 

Is this just a last ditch attempt at trying to get some form of acceptance of liability?

Would you recommend sending a reply to this?

What if anything would you do from here?

[BankFodder]

We need to know more details of the debt and of the claim. Please fill this out <<<<<

 

Presumably you have paid a fee to apply for the set-aside? They are asking you to bear this cost even though according to what you say, their procedure against you was clearly an abuse.

[AndyOrch]

If you dont agree some kind of settlement with them...then assuming the claim is set aside...they could simply reissue the claim under the correct address...and if you have not got a valid defence......then you will be back to square one.

 

Have they provided a copy of your agreement in relation to this debt ?

Do you have a valid defence besides the incorrect address being used.

 

Regards

 

Andy

[chickensoupsoul]

They put the claim in before we could request the CCA.

It's also with HFC Bank, the same as the other reported debt which they couldn't provide the CCA for.

 

Also, the debt which is going to court is already or very soon to be SB, hence their rush and their dirty trick to get things to court I would assume.

 

My partner can vaguely recall paying a debt management plan With the last payment made to it in 2013, but unsure of the exact month - she thinks this could be included in that.

[AndyOrch]

Nothing to stop you requesting a copy now......you can utilise section 77/78 at anytime irrespective of a court claim.With regards to Statute Barred ..the clock stopped when they issued this claim...so unless its set a side and not reissued......only then will it resume its 6 years.

 

You could disregard their  Without Prejudice save as to costs offer and take your chance on the set a side hearing..they may not issue again...but they possibly wont if you get a request in for the agreement...knowingly unable to comply.?

[chickensoupsoul]

Thank you! I wasn't aware we could still do that. I'll get that sent off today. 

[AndyOrch]

Some state the Judgment CCJ supersedes the agreement and therefore not required to comply with section 77/78/79...some do or try to comply

[chickensoupsoul]

Since the CCA request letter sent on April 2nd, we have received another letter today April 10th, with the same 4 settlement terms:

• The judgment granted on xx/xx/xxxx be set aside.
• The registration entry be cancelled.
• The claimant's Claim against the Defendant be dismissed.
• The Claimant and Defendant will be responsible for their own costs in this action

They continue, and say there is some confusion surrounding the consent order proposed. And to clarify, if we sign the consent order Cabot is willing to agree and set the judgement aside, and the claimants claim against the defendant be dismissed.

 

On the phone with Mortimer Clarke this afternoon, they have said that they do have a copy of the original agreement and they will send it via email and post. I suspect this will be dated 2008. However, this alone would not prove that the alleged debt isn't SB, I assume they would need to prove that the alleged debt isn't SB by showing us proof of a payment made towards the alleged debt sometime within the last 6 years up to the granted judgement dated October 8th 2018... 

 

My question is, would Mortimer Clarke/Cabot Financial, provide proof of any payment made towards this alleged debt (in last 6 years up to Oct 3rd 2018) in our CCA request?

 

And also, if they aren't able to provide proof of payment towards this alleged debt, in the last 6 years up to October 3rd 2018, does this mean the debt is indeed statute barred?

[AndyOrch]

The quicker you sign the consent and get it set a side the quicker the clock with regards to limitations will resume....if its not already statute barred.

 

Do you know what this debt is and who the original creditor was ?

 

Andy

 

 

[chickensoupsoul]

@Andyorch - Cabot is saying the original creditor is HFC Bank, but my partner is unsure of what this alleged debt is.

 

We are still awaiting the CCA from Cabot/Mortimer before we agree on the consent order, as we don't want to sign this agreement not get the court costs back, then Cabot/Mortimer put the CCJ request in again to the correct address and us having to do the whole process again paying more fees. Would Cabot/Mortimer be able to put a ccj in again for that matter so soon after agreeing to have it dismissed?

[dx100uk]

no as soon as its nulled the sb clock [because then it becomes as if the claim has not been made] has thus passed 6yrs

 

 

[AndyOrch]

You may be waiting a while.....get it signed and submitted and check with the court the claimant has lodged the Consent.

[chickensoupsoul]

 

Update:

We signed the consent order letter from Mortimer Clarke, and we sent it back to them Thursday 12th April.

 

Today we received a letter from Cabot refusing to send us the CCA as the CCJ supersedes it.

They then go on to say well we made no dispute with regards the CCJ and they are therefore entitled to enforce the judgement and the duty to supply the requested information no longer applies.

 

Of course we didn't make a dispute we had no idea the ccj was lodged because they knowingly sent it to an old address!

 

My partner was promised over the phone by Mortimer Clarke that Cabot did have a copy of the original loan agreement beginning of last week and they would email it over and send it through the post...still waiting. 

 

 

[dx100uk]

tough on cabot, the consent has gone thru so cough up eh cabot??!!

[chickensoupsoul]

Yes, hopefully, we will see this mythical CCA soon! 

 

Do we find out from the court that the CCJ has been set aside? Or do we need to keep checking with them? How long is it likely to take?

 

I presume we will have to send another CCA request to them as soon as this CCJ has been set aside?

Edited April 15, 2019 by chickensoupsoul

[dx100uk]

give it a few days and ring the court and check.

as for cabot

ball is in their court now

id not poke them.

 

dx