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Cabot/Mortimer Court Claim - old Aqua CC


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Hi all.

I won’t waste your time with a long preamble. I spent many years dealing with a gambling addiction - ignored bills, countless letters, phone calls etc.

Anyway, I recently discovered I have a CCJ. That’s not good at all, I know. I’ve not been at my mum’s house (trying to protect her from COVID) and discovered the letter about that last month.

I’ve also had papers in relation to another claim for an old Aqua credit card, that were sent on the 29th Dec. I spoke to someone from Mortimer Clarke today about this claim. I’m keen to avoid another CCJ on my record. The debt is £2.7k. They are saying that if I can clear it in 3 months I won’t get this CCJ.

I’m really worried about the impact of these CCJs.

I know these consequences are a result of my actions (inactions?) but I just wanted to ask if there was anything else I could do to avoid this second CCJ other than sell a kidney? I live pay packet to pay packet, with no savings or assets.

Thank you

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  • Andyorch changed the title to Court Claim for old Aqua CC Mortimer Clarke

Hi and Welcome to the Forum.

 

Lets deal with the new court claim first then we can advise on the old.

Please read the following link then copy the Q,s and post them back here with your responses.

 

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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and stop talking to fleecers on the phone!

 

never do that on any debt...they lie!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

As suggested, please find details below. Some answers are not in red unfortunately. My formatting skills are not the greatest.

 

Thank you in advance for your help and advice.

 

Name of the Claimant ? Cabot Financial

 

Date of issue –  29 December 2020

 

Particulars of Claim

 

What is the claim for –

 

1.By an agreement between New Day Ltd RE Aqua & the Defendant on or around 21/03/2014 (the Agreement) New Day Ltd RE Aqua agreed to issue the defendant with a credit card.

 

2.The Defendant failed to make the minimum payments due.

 

3.The Agreement was terminated following the service of a default notice.

 

4.The Agreement was assigned to the Claimant. The Claimant therefore claims £2539.88 and costs.

 

What is the total value of the claim? £2740
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? 
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

Did you inform the claimant of your change of address? No

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card
 

When did you enter into the original agreement before or after April 2007 ? After 2007
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes (Experian)
 

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, through Mortimer Clarke)
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure, not via email, certainly.
 

Did you receive a Default Notice from the original creditor? Unsure - not via email, certainly. Although Particulars of Claim suggest I have.
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not via email, certainly.  
 

Why did you cease payments? I had a gambling addiction - I would blow all wages bar my rent in a day or two from payday. Hate myself for it.
 

What was the date of your last payment? Jan 2017
 

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 did communicate problems. They froze interest.

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pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............


 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you for your advice. I’ll get onto that now.

 

Although, there’s a point I am not understanding, for which I apologise - you mention the filing of a defence...but I’m not aware of what defence I may have? I really hope I don’t come across as stupid for asking.

 

thank you 🙏

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time to get reading up...

 

use our search top right

 

claimform card.

 

get upto speed but don't do anything more than above AOS etc with the claim..unless you check with us first.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok.

 

Letters prepared to be sent recorded tomorrow am.

 

Will revisit thread pending responses from those letters and any further advice.

 

Thank you so much for your help to date.

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No you get reading up see my post

dont miss defence filing date no matter what

have you done AOS

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Cabot/Mortimer Court Claim - old Aqua CC

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