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Cabot/Mortimer Claimform - Aqua Card debt - now application to lift stay **CLAIM DIED**


2021Oops
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Right done and sent.

 

I just checked my credit report and would you believe they've already added the £160 fee + costs?

I guess its no surprise really as they make the presumption they've won.

 

 

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Purely speculative accounting...they have to account for it somewhere.....but should they lose make sure you follow it through and its removed.

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Yeah for sure. 

You'd think they could just have an earmarked list or something.

 

Speaking of accounting

I was having a look around on google and found something amusing, Jimmy Carr presenting MC an award as As Law firm of the year from 2019.

 

Anyone seeing the irony here? tickled me for sure, maybe my immature side

 
 
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  • 2 weeks later...

Right have had a letter from Solicitor saying they acknowledge my defence and have forwarded to Cabot to see what they want to do + get the information requested in defence. In the meantime its been put on hold and no further action will be taken so I presume I just sit back and wait.

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Means nothing.

 

if you rwad the letter from rhe court they have 33 days to do 'something ' else the claim gets autostayed and it will cost them £275 to lift it, but they wont do that without enforceable paperwork.

 

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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Great. Yeah I know its def nothing to take serious but at least I know they cant do anything on the sneak and i'll enjoy the holiday for now. They wrote to the new address also so def have the correct details now.

I did have a letter from the court last week actually but that literally acknowledged the defence hence I didnt post it up.

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Quote

I did have a letter from the court last week actually but that literally acknowledged the defence hence I didnt post it up.

 

Well that's more important than their missive which basically means nothing yet tries to convince you they are in control of the process...

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Yeah exactly. I guess you can at least trust the court toplay fair, I was half expecting Cabot or M&C to send the stuff requested to an old address. I guess as long as I deal with everything as received from the court then that angle is covered.

Edited by 2021Oops
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1 hour ago, 2021Oops said:

I did have a letter from the court last week actually but that literally acknowledged the defence hence I didnt post it up.

and it said a time limt......

 

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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  • 1 year later...

I did post late 2021 about a claim from Mortimer Clarke on behalf of Cabot.

At the time the claim was vague and didn't even have an account number on. I sent an SAR to th solicitor and CCA to the credit neither of which were fulfilled

out of the blue ive just had a massive pile back from Northampton stating its a Notification of Proceedings along with the Application made by Cabots solicitor to lift the stay and a what looks like a full SAR. I presume this means they wanna go for it.

The Letter states The claim has been transferred to the county court at *******for that court deal with the claimants application to lift the judgement and summary judgement be entered

I think as first route of call I need to get onto the court and update to current address as ive moved, was probably lucky this got here as ive moved but did have re routing set up with Royal Mail.

I'm on the assumption the judge will lift the stay but is there anything else I can do at this point or am I pretty much screwed?

The SAR looks to all be there and good but the fact remains there was no account number listed on the original claim but we'll assume the judge will see past that when backed up with an agreement, default and notice of assignment?

Can someone just advise me as to where we actually are with this?, it says about asking the court for a summary judgement which I presume means that is where the ccj is awarded?. My worst case scenario is that I try and clear it and avoid the ccj but this is so confusing.

Can any more be added to the original claim?

Is it beyond any negotiation?

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  • Andyorch changed the title to Notice Of Transfer Of Proceedings re Stayed claim from 2021
  • dx100uk changed the title to Cabot/Mortimer Claimform - Aqua Card debt - now aplication to lift stay

Threads merged 

Scan everything up to one mass PDF please

Read upload

We don't need card statements 

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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Right, sorry for the delay, couldn't get scanner working so just had to do images. Had to split into 2 and make it black and white, any lower quality was unreadable. Everything looks crisp and bright in real life.

If I missed deleting anything let me know but I think I got all personal details.

Having had a read its making a bit more sense.

Something I should say is that I moved address again in April but did have Royal Mail redirecting hence I got the court letter but absolutely did not get anything from the Solicitors meaning that the one contact from them in June including my SAR was via an encrypted email to an old email address which I didn't even know about until I saw the copy in here which clearly states Sent to Email. Seems a bit underhanded to me. Obviously my defence is no longer relevant if everything is in order and I would have been willing to negotiate at that stage.

Seems like they are a bit annoyed at being challenged and having to do some work rather than winning by default and now again trying to sneak it. Still cant believe they didn't put the account number on the claim form.

Anyway current situation I can probably find the funds to clear this, not today but certainly within 30 days of a ccj.

I dont want to go to court, my situation now is better than is was in November 2021, I was on Universal credit and in bed with covid when the claim came through and its a relatively doable amount to find for me at this point so if it only delayed things for 2 years that was a result.

I am aware of the original 2 x £80 charges but are they able to be adding more?.

There is no way to respond to the court so I assume I wait?

I do need to update my address with the court though either way just to ensure no delays so will call them about that.

 

 

 

 

 

N244 bundle.pdf

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i think they have everything they need here..

  • I agree 1

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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Yeah I thought so.

Can they add the £275 + any other costs to the claim or is this just to literally restart the original claim?. 

So annoyed that they didn't post the SAR to me along with that last letter. Surely on such an important subject post should be essential.

Any thoughts on how long this is likely to take and what will happen now?

Is it worth trying to negotiate repayment or has that ship sailed?

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11 minutes ago, 2021Oops said:

Is it worth trying to negotiate repayment or has that ship sailed?

No .....contact them and suggest you may be open to settling this by way of a Tomlin Order with monthly affordable payments and the option to settle in full when available...providing they stay the claim.

 

Andy

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they can add the N244 cost yes sadly. tomlin time see if they'll bite...

you mean CPR request not SAR...you didnt send an SAR..but thats irrelevant now.

 

dx

 

 

 

  • Thanks 1

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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You could email them but you have the higher ground with a quick phone call as you catch them off guard and off script.

  • Thanks 1

We could do with some help from you.

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

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Just had a surprisingly nice chat with them.

she says wait for the claim form from the court as its too late to do anything else now but also that they will likely work with me and to call back then. I'm a bit confused still tbh, court stuff is always so vague.

The way she was talking was like I'll get another claim form to fill in again and defend or admit, in that case what is all the summary judgement stuff about?

surely that means judgement against me with no grounds to defend? 

Obviously she wasn't the solicitor and did put me on hold while checking some stuff so hopefully wasn't a total fob off. Hopefully broke some ice.

I think my best bet now is going to be to get as much cash together as possible asap in the knowledge worst case I have some time even after judgement to avoid a ccj.

I'll update here as and when.

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She will be referring to the Notice of hearing for Summary Judgment not a claim form when you get the date...but its not too late to halt it now the hearing date has yet to set by they don't need a hearing date to Draft a Tomlin order.

If they do agree they wont get a refund on their application (SJ) so you may be hit with that too in any settlement fig.

 

 

.

 

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Ive just received an email from them offering a settlement figure of £1448.22 by the 29th of this month but they also state they would listen to alternative offers. I honestly cant find that much by that date but ive offered back with 500 + 500 + 448.22 spread over 3 months. Hopefully that might just do it.

Something strange, that is actually less than the original claim?, honestly that this point id take the original amount over 3 months but will see what they say.

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Why 3 months try 6 dont stretch yourself.

We could do with some help from you.

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