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Cabot/Mortimer stayed claim - old TSB debt - now threatening N244 etc


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Hi, I would be grateful for any help please as I’ve got this far and now have no idea what to do.  

 

I’m so sorry for the long post but feel you need all the information. 

 

The history:

I had several credit cards and at 1st paid it off in full & band loans my husband became ill and his income was only sick pay - this ended up with me buying food shopping on the card hoping that things would improve once he retuned to work (my money was being used to pay the mortgage).

 

I was self employed and when husband returned to work my business took a hit from down turn in sales, later added to stress of grandparents illness and death (I was brought up by grandparents). Debts where becoming an issue I was swapping money around and only covering minimum payments. I contacted CAB who told me to write to all involved offering £1.00 per month. This I did, some at this stage where in the hands of debt collection agencies.

 

I was also advised to contact my mortgage company (at the time i owed £30K property  worth £150k). Big mistake, I had a commercial mortgage, and when I contacted them although I’d been muddling along for about 13 months. They said I was in breach of my mortgage agreement (as my business income had dropped) and they was going to reprocess I had 30 days to sell!!!! Biggest low of my life, had to sell the property in a recession for next to nothing just to cover costs and to prevent having a mortgage repossession order. 

 

This ended up with me moving with a small family into a caravan (the only thing I could afford to buy!). I paid off some of my debts but not all. Mostly I didn’t bother even to open any mail for years as I was too upset be everything.  A couple of years on and in a much better place, I felt strong enough to face things. I cancelled all my £1 payments in May 2019, and as the companies wrote to me I replied back sending 3 letters 14 days apart asking for various documents. 

 

My issue is with Cabot Financial,

I have a letter from them stating they brought my TSB debt 2/10/2012. They replied to my 3 letters 10/9/2019 and again 4/12/2019. Another group that I was in (now disbanded) had advised that following this reply I just wait. 14/5/20 I send a letter they called Pre-Action Conduct, as Mortimer Clarke Solicitors (MCS) had written to me threatening with court action. Letters dated 6/10/20 from MCS just giving copy statements and copy of original agreement.

 

Nothing then until I received CCJ from Nottingham court dated 9/11/20. I completed AOS 17/11/20 (defending whole claim). MCS replied to me 25/11/20 again sending copy statements & copy of signed agreement. On 7/12/20 I defended with the Court and they issued a Stay.

 

Until 10th July 2021 I have heard nothing. In the post I received a letter dated 19/5/21 stating I have 28 days to reply! 

 

I can’t get a copy of their letter to attach so hopefully this will make sense:

They say:

I issued a defence so they could prove documentation. It’s taken time as the agreement was assigned to their client’s by Lloyds TSB and they’ve had to contact them. They’ve replied to my defence questions (although they’ve made errors with quoting figures).

 

1. IN BREACH OF CPR - They want me to confirm that as I took out the credit card conformation that the debt is mine. 

 

2.REQUEST UNDER CPR 31.14 FOR COPY - I asked for a copy of the default notice (never received - I’ve kept every letter), they even say copy sent and enclosed but it isn’t. 

 

3. FAILED TO COMPLY WITH PRATICE DIRECTION 16 - Claims they wrote with before court letter claim - I received an income form

 

4. FAILED TO COMPLY DIRECTION 16 - Amount mentioned ‘clearly stated our client would like to address the sum of £1469.96’  - my balance before fees £1387.96

 

5. FAILED TO STATE DATE BY WHICH CLAIMANT CONSIDERS REASONABLE - They state I had 14 days to return all forms 

 

6. FAILED TO AFFORD THE DEFENDANT OPPORTUNITY TO REQUEST DOCS - They say they provided me with information numinous times - only ever received copy statements

 

7. FAILED TO WARN COURT PROCEDDINGS AND COSTS - They state their letter asks for £1387.96 & next page contains more information on where to get help. All pages form part of the letter and should be read. 

 

8. DEFENDANT DENIES RECEIVING NOTICE OF ASSIGNMENT CCA 1974 - saying debt assigned 21/10/12 & copy enclosed (NOT!)

 

9. PARTICULARS OF CLAIM LACKING DETAIL, SPECIFIC ITEM - particulars provide sufficient details as above

 

10. DEFENDANT CONTENDS CLAIMANT FAILED TO ATTACH DOCS - confirm that client unable to attach documents with claim form but does not apply to this centre 

 

11. DEFENDANT DENIES SIGNING AGREEMENT WITH CLAIMANT AND DEMANDS COPY - Deed of Assignment is a confidential document between our client & original creditor. We are instructed the the Deed of Assignment does not contain any personal details relating to you and is not available for disclosure.

 

12. DEFENDANT DEMANDS IN ACCORDANCE WITH S.136(1)OF LAW OF PROPERTY ACT PROVIDE PROOF OF ASSIGNMENT - Our client considers that it has no statutory obligation to provide you with any further documents. We note that you made regular payments between Oct 2012 & May 2019 of £1.00 per moth. Due to these payments our client would say you well aware of your liability. The balance stands at £1537.96.

 

further more our client has previously complied with your request under Civil Procedure Rule 31.14  and no longer respond to requests of this nature.  ‘The documentation available evidences that you entered into an Agreement with the original creditor, made use of the agreement, failed to maintain the repayments in accordance with the Agreement, you defaulted on that Agreement and the Agreement was then assigned to our client. The documentation further evidences how the balance of £1314.34 accrued (Wrong amount again!!)’

 

Our client considers you fully liable for the outstanding balance. 

The Way Forward 

 

If you do not agree with out clients position, please set out the precise legal basic of any defence you wish to raise within 28 days from the date of this letter.

If we do not receive a response from you our client may instruct us to make an application to continue with the CC claim. 

The letter goes on but includes an income and expenditure form for me to complete along with my offer of payment. 

 

So….. Have i got any options here ?

I can’t believe that they’ve taken 7 months to get back to me and then sent me a letter dated 19/5/21 received 10/7/21.

I haven’t got any CCJ’s and family are willing to lend me the funds so that I don’t get one 

  

 

 

 

 

 

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Oh well... 

3 letter process is madness and has no actual effect on your ability to defend this... 

Its all common law / magna carta rubbish... 

 

Post up a copy of the letter if you have it? 

 

FKO

 

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Topic moved to the appropriate forum ..Financial Legal Issues Forum.

 

So your options.....ignore their 28 days and then wait and see if they make application to lift the stay....if and when come back.

 

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

 

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oh dear don't follow that FmOtL twaddle, just encourages them to keep sending scary letters as they know you don't have a clue what you are going on about.

 

can you scan up everything in/out to date?

use ONE multipage PDF ONLY please

read our upload guide carefully.

 

lets actually see what cards they are playing with please then we'll be better placed to advice should you actually get an N244.

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 stayed claim - old TSB debt - now threatening N244 etc

Hello

 

I am following with interest and you have my greatest sympathy for the way circumstances have tumbled you around.

 

I am not  legally qualified but I have had plenty of experience refuting these dodgy DCA's with loads of help from this site and I am happy to give back where I can..

 

If I understand your situation correctly you have in summary:

 

1. Received a County court claim form without any supporting evidence.

2. As part of your defence you have advised the Court and the other party that no supporting evidence exists.

3. The claimant was forced to stay the case as they were unable to provide what was required to pursue their case.

4. They have now come back, still without a considerable amount of the material, with a bullshit letter that they hope will force you to cave.

 

Is that right?

 

My personal view is that their (and your) position has not changed.   They have written to you with a lot of legalise and no enclosures in an attempt to railroad you into agreeing with their position.  This is an act of a Claimant with a weak case.

 

As the position has not changed I do not think you need to do anything.   Previously their claim was issued, your defence was made.

 

If this is a legitimate case the next step is to continue the court process, which is up to them.  At the appropriate time they will have to produce their written witness statement and exhibits if any. (Conversely if it is not a legitimate case they will at some point have to fold).

 

Between now and then, let them stew.   Having properly submitted your defence you are under no obligation to do anything else until the court instructs you.

 

I love doing nothing.  It really winds the other side up.  

 

I would sit tight and not answer anything but I would open all post and file everything in date order. I would come back here and advise on everything you receive and in particular anything you get from the Court.

 

In short I agree with Andyorch Post #5 who is far more qualified and experienced than I!!

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