County Court Business Centre Claim from Mortimer Clarke on behalf of Cabot

by george2015_2 Sun Dec 08, 2019 10:54 am

Hello, as I have said I was on the original forum, my posts have not survived but I have all the paperwork.

The last payment was in 2015 (credit card). I went through the three letter process and have had a tremendous but diminishing volume of letters and phone calls since then. I send the letters back addressee not recognised return to sender and do not take the calls. This is my first claim form.

I have searched and found the following advice:

https://goodf.forumotion.com/t3657-recieved-claim-form-what-now

shaunob1uk wrote:Submit a CPR18 request for further info to Lowell.
Submit Request for a copy of original agreement to Lowell? As I can not clearly establish who the claimant is?. Maybe I am missing something.
Then send defense in to moneyclaim?.

/

I have found out that the claimant is in fact Lowell Portfolio I LTD and not Three mobile so debt was obviously sold off.
I have also had ZERO contact with Lowell other than their normal harassment letters alleging a debt with them which to date I have ignored.

daveiron wrote:I would think you have it about right , You need copy of original contract, statements ,what they are disputing.
I would also send a SAR to Three Mobile, & request a signed statement from them that no insurance claim has been made in respect of this alleged contract. It is after all standard business practice to insure against bad debts. Who knows the original contract may not exist any longer.

SAR template
https://goodf.forumotion.com/t370-subject-acess-request
CPR18 template (from another context)
https://www.cebta.org.uk/cpr-part-18-requests-for-further-information/

So I need to

(1) submit a CPR18 request for further information to Cabot
(2) submit request for a copy of original agreement to Cabot
(3) send defence in to moneyclaim
(4) ask Cabot for a copy of original contract, statements, what they are disputing
(5) send a SAR to Vanquis
(6) and request a signed statement from them that no insurance claim has been made in respect of this alleged contract

I have no idea what I am doing here, could someone please tell me exactly what I need to write?
(1) the above template will need to be altered
(2) do not know the wording
(3) do not understand what to do - write something in the 'defence' box?
(4) do not know the wording
(5) can have a go
(6) do not know the wording

Do I need to sign John of the family Smith, in red ink? How do I end the letters?

Thank you.

Scans of form
https://ibb.co/rMkxYqh
https://ibb.co/HVr20LD
https://ibb.co/dbM6Bb1
https://ibb.co/SmWKbzt
https://ibb.co/xj5x0Rn
https://ibb.co/Krxsfzs
https://ibb.co/Vtt8N9D

by waylander62 Mon Dec 09, 2019 7:08 pm

so let me get this right

this is for a mobile phone contract ?
you have returned all of their chasing letters return to sender ?
you have now received a claim form ?

by flyingfish Tue Dec 10, 2019 2:29 pm

(3) do not understand what to do - write something in the 'defence' box?

Just to cut to the chase, and for informal discussion in the first place, what defence points were you considering? For example can you dispute that you entered the contract in the first place, are the sums claimed wrong, or do you have some counter claim to offset (for example if their service was defective)?

I think in terms of procedure, but Waylander is the expert, the process at this stage is to acknowledge the claim and indicate the intent to defend. Then you have some further time to compose and submit your actual defence.

by waylander62 Tue Dec 10, 2019 4:02 pm

agree with flyingfish acknowledging the claim is a must

but you must if a claim has been issued respond if you want any opinions or guidance

if it is a mobile contract then it is contract law and not CCA

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