Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

**NewToThisStuff** · 9th February 2016, 19:54:PM

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

Just thought I should add the full details on the case so far in case this has further bearing:

I was contacted by Cabot in 2014 regarding a debt I had with Vanquis Credit Cards, it seemed much higher than I remember so I asked for details of the original debt, they advised this would take time and so I went through a budget with them and agreed a payment of about £80 a month to reduce the debt slightly and show my willingness to cooperate with them. However I moved the debt down from £3000 (far higher than I ever remember the credit limit being on the card) down to just above £2000 over subsequent months, I reviewed this with them and on 2 more occasions at least I queried the amount outstanding and asked for more info. I foolishly didnt get this in writing or record the dates I spoke to them but hope there is a record from when the repayments were agreed and set up. I missed one payment and they just stopped claiming the direct debit. If this makes any difference the card defaulted in 2011 although from reading other posts where I have made payments to them after this the 6 year expiry on unacknowledged or unpaid personal debts would not apply for some time.

I heard no more until a phone call some months ago where I advised I was not prepared to set up more payments until I had a breakdown of the outstanding debt which they said they would add notes to the file and be in contact, no one ever contacted me after that.

Now I have a county court claim form against me, having not received a formal notice they intended to do so.

I immediately reviewed some of the other cases on here and have requested a copy of my CCA from the creditor (now Cabot Financial) with a postal order of £1 as the statutory fee and also sent the letter above re: CPR31.14 . I have received no response to my CCA request yet.

**nemesis45** · 9th February 2016, 20:11:PM

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

Good evening, welcome to LB,

Standard template response from MC.

Before going further on CPR31.14, have you sent a CCA request to the claimant
directly for a copy of the agreement relating to the alleged debt, this is more
use than CPR 31.14. There is a template in the forum library for this.
There is a £1 statutory fee to pay( use a postal order endorsed " For Statutory Fee Only".

The claimant has 12 + 2 working days to comply failure so to do renders the debt unenforceable
until the agreement is produced.

send by signed for post.

Back to CPR 31.14 and MC;s reply.

Date :

Ref: CC Claim No,..................................
CPR 31.14 request fir inspection of documents.

Sir / Madam,

I refer to your letter dated........................ in reply to my request made under the provisions of
CPR 31.14 for inspection of documents and your request for disclosure of documents you
assume I may have under my control.

Please note any such documents I may or may not have received from any party in the past
have no relevance to my request, and such documents will be disclosed if necessary at the
appropriate time during the progress of the claim.

Please therefore forward the requested documents ( which of course should be in the possession
of your " client" prior to the issue of the claim.) by return of post.

Failure to comply with my request will be brought to the attention of the court.

signed for post for this one as well.

nem

**NewToThisStuff** · 9th February 2016, 20:32:PM

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

Thank you Nem,

I'll get the letter written as guided above tonight and in the post 1st class signed for tomorrow.

I have requested the CCA from Cabot financial (not vanquis as they state the original debt is with) so I hope that is ok. I did this signed for post and they received my letter on 1st February 2016. The letter was accompanied by a postal order for £1. The letter I sent read:

29 January 2016

CABOT FINANCIAL (UK) LIMITED
ADDRESS

Dear Sir/Madam

Re:− ACCOUNT REFERENCE XXXXXX VANQUIS - CREDIT CARD
COUNTY COURT CLAIM NO. XXXXXXXXX

With reference to the above agreement, I require you to send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I look forward to receiving the document from you.

Yours faithfully
MYNAME

Do I need to log anything more with the court yet? & Can this be done online or do I need to post them items as well?

The acknowledgement was done on 29 January 16 online. Mortimer Clarke have confirmed an agreed extention of 28 days, but insist I confirm it in writing to the court. I dont want to end up the case receiving some almost automatic judgement against me if they are not advised of my ongoing struggles to get documentation or information out of Mortimer Clarke and Cabot Financial.

**nemesis45** · 9th February 2016, 21:05:PM

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

Originally posted by NewToThisStuff View Post

Thank you Nem,

I'll get the letter written as guided above tonight and in the post 1st class signed for tomorrow.

I have requested the CCA from Cabot financial (not vanquis as they state the original debt is with) so I hope that is ok. I did this signed for post and they received my letter on 1st February 2016. The letter was accompanied by a postal order for £1. The letter I sent read:

29 January 2016

CABOT FINANCIAL (UK) LIMITED
ADDRESS

Dear Sir/Madam

Re:− ACCOUNT REFERENCE XXXXXX VANQUIS - CREDIT CARD
COUNTY COURT CLAIM NO. XXXXXXXXX

With reference to the above agreement, I require you to send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I look forward to receiving the document from you.

Yours faithfully
MYNAME

Do I need to log anything more with the court yet? & Can this be done online or do I need to post them items as well?

The acknowledgement was done on 29 January 16 online. Mortimer Clarke have confirmed an agreed extention of 28 days, but insist I confirm it in writing to the court. I dont want to end up the case receiving some almost automatic judgement against me if they are not advised of my ongoing struggles to get documentation or information out of Mortimer Clarke and Cabot Financial.

You are in fact obliged to inform the court of the extension otherwise the court will not be aware of it as the claimant does not inform the court.

nem

**NewToThisStuff** · 10th February 2016, 20:55:PM

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

Just to double check nem, do I notify them by letter (signed for post) or do I somehow register the extension online?

**charitynjw** · 10th February 2016, 21:19:PM

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

You could email the court, & scan & attach their letter to it.

**NewToThisStuff** · 22nd February 2016, 19:43:PM

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

Hi all,

So it's time for me to submit my defence to the claim as the 28 days is almost up from the initial claim form was received (having done the Acknowledgement of service).

I sent the written confirmation of the agreed extension to the court by email and they acknowledged receipt and added it to the claim file.

I have today received another letter from Mortimer Clarke, in which they completely shun the responsibility for providing the documents requesting in a timely fashion, the CCA request received and signed for by Cabot on 1st February has also gone unanswered.

The latest letter from Mortimer Clarke, following my 2nd request for documentation after they asked me to confirm what documentation I already hold, reads:

"Thank you for your letter of 10 February 2016.

For the avoidance of doubt, the firm does not hold the documentation you have requested. We have asked our client to provide the documentation and will come back to you as soon as we can.

In the meantime the matter is on hold and no further action will be taken.

Yours Faithfully
Mortimer Clarke. "

So do I need to reply to this further or should I submit a defence now?

Also it concerns me greatly that between 2014 and 2015 I repaid around £1000 to cabot on a debt they may have no legal entitlement to collect. I was unhappy from the outset of the balance of £3000 as I believed a vanquis card only normally had low credit limits and cant remember this being raised so was suprised at the amount. Could I try to get this back, would it be advisable or likely I would succeed? Or would it be an idea to put it to them that I will not attempt to reclaim this money if they agree the matter is settled and withdraw the case and settle the outstanding debt they claim I have with them?

**Kati** · 22nd February 2016, 20:04:PM

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

Originally posted by NewToThisStuff View Post

Hi all,

So it's time for me to submit my defence to the claim as the 28 days is almost up from the initial claim form was received (having done the Acknowledgement of service).

You were given an agreed 28day extension and informed the court (post #4)??

If you told the courts of this as advised, your defence would now be due on the 28th March (33 days from date of issue + 28 day extension) - http://www.timeanddate.com/date/date...aw=&ad=28&rec=

- - - Updated - - -
[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION]??

**nemesis45** · 22nd February 2016, 20:05:PM

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

Hello NTTS.

Non compliance with CCA request means the debt is unenforceable while the breach continues.
Just remember the court process will continue there is no extension of time offered.
So all court forms must be completed and returned as directed.

nem

**NewToThisStuff** · 22nd February 2016, 20:39:PM

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

Hi Kati and Nem, thanks so much for quick updates and replies.

The extension from Mortimer Clarke was very loosely worded whereby it could be read as either they were acknowledging the 28days acknowledgement of service timescale or granting a further 28days. All part of there way of confusing and trying to push a decision through with no defence made I guess.

So I will need to compile a defence now and enter that. I have also sent a copy of the lastest "the matter is on hold" letter to court ahead of submitting my defence. I'll try to put it together over the next couple of evenings and put it up here for checking over and any final input before I submit it.

**NewToThisStuff** · 25th February 2016, 22:00:PM

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

Hi all, I've prepared my defence (below), before I file it I'd just like a couple of people to check through it, and if they are able offer feedback or confirmation it seems appropriate and is a how a defence should be written. Really nervous and I would love to have been able to fund some one on one time with a solicitor however my circumstances really do not allow for it at the moment, so please be assured that all help has been soooooo gratefully received so far.

-----------------------------------------------------------------------------------------------
1: I received the claim XXXX from the Northampton County Court Business Centre on 29 January 2016.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
is admitted/denied]
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. Despite several requests to provide evidence or statements to confirm the original debt the claimant states is outstanding this has not been supplied.

5. The Claimants statement of case states that the account was assigned from Vanquis Bank to Cabot Financial. The Defendant does not recall receiving notice of this assignment.

6: On the 30 January 2016 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to both, the claimant’s solicitor Mortimer Clarke Solicitors LTD and to the Claimant Cabot Financial (UK) Limited. I requested the Claimant provide copies of the assignment to Cabot Financial and the original agreement between Vanquis and Myself.

7. I have not received these documents to date from either Mortimer Clarke Solicitors LTD or Cabot Financial (UK) Limited.

8. On the 30 January 2016 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

9. The Claimant has failed to comply with sections 77-79 of the Consumer Credit Act 1974 and by virtue of sections 77-79 of the Consumer Credit Act 1974 cannot enforce the agreement.

10. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

11. On 22 February 2016 I received a letter from the Claimaints Solicitors Mortimer Clarke Solicitors LTD dated 16 February 2016 confirming the firm do not hold copies of the documentation requested. They advise that they will asked their client, Cabot Financial (UK) Limited, to provide the documentation. They state in the meantime the matter is on hold and no further action will be taken.

12. To the best of my knowledge have not informed the court of this continued delay or provided me with a further extension to allow me time to receive the documents and file my defence.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed …………………………………………

Dated .................................................. ....

**Kandis** · 29th February 2016, 17:49:PM

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

Bump.

**nemesis45** · 29th February 2016, 17:59:PM

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

Originally posted by NewToThisStuff View Post

Hi all, I've prepared my defence (below), before I file it I'd just like a couple of people to check through it, and if they are able offer feedback or confirmation it seems appropriate and is a how a defence should be written. Really nervous and I would love to have been able to fund some one on one time with a solicitor however my circumstances really do not allow for it at the moment, so please be assured that all help has been soooooo gratefully received so far.

-----------------------------------------------------------------------------------------------
1: I received the claim XXXX from the Northampton County Court Business Centre on 29 January 2016.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
is admitted/denied] Remove

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. Despite several requests to provide evidence or statements to confirm the original debt the claimant states is outstanding this has not been supplied.

5. The Claimants statement of case states that the account was assigned from Vanquis Bank to Cabot Financial. The Defendant does not recall receiving notice of this assignment.

6: On the 30 January 2016 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to both, the claimant’s solicitor Mortimer Clarke Solicitors LTD and to the Claimant Cabot Financial (UK) Limited. I requested the Claimant provide copies of the assignment to Cabot Financial and the original agreement between Vanquis and Myself.

7. I have not received these documents to date from either Mortimer Clarke Solicitors LTD or Cabot Financial (UK) Limited.

8. On the 30 January 2016 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

9. The Claimant has failed to comply with sections 77-79 of the Consumer Credit Act 1974 and by virtue of sections 77-79 of the Consumer Credit Act 1974 cannot enforce the agreement.

10. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

11. On 22 February 2016 I received a letter from the Claimaints Solicitors Mortimer Clarke Solicitors LTD dated 16 February 2016 confirming the firm do not hold copies of the documentation requested. They advise that they will asked their client, Cabot Financial (UK) Limited, to provide the documentation. They state in the meantime the matter is on hold and no further action will be taken.

12. To the best of my knowledge The claimants solicitors have not informed the court of this continued delay or provided me with a further extension to allow me time to receive the documents and file my defence.

T13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed …………………………………………

Dated .................................................. ....

Just the amendments in bold above.
good to go.

nem

**NewToThisStuff** · 29th February 2016, 19:21:PM

Re: Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

Perfect thank you. All submitted in time so I'll be sure to keep this page updated when I hear more.

I've still yet to find out how the original debt was so high as even when I had a credit cards I have no recollection of such high credit limits. Is there anything I can do to either reclaim some of the £1000 I paid over to cabot over the 1 year + of waiting for some type of breakdown of the original bills? Especially in light of the fact that have tried to take it to the county court without and still not provided anything I have requested to evidence the debt. I also would consider a proposal to them asking them to settle the outstanding balance based on what has already been paid over just so it is done and dusted. I'm looking to secure a new rental agreement on a cheaper property soon and would be concerned this ongoing may cause issues or they might just continue to chase it and claim until I miss a deadline or fail to get a letter and then they win a judgement against me unfairly.

Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

Mortimer Clarke / Cabot Financial CR31.14 Response County Court Claim

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