Inheritthewind vs Cabot/Mortimer Clarke

[Inheritthewind]

Following the advice received in this thread http://www.legalbeagles.info/forums/...883#post525883 I sent a CCA to Cabot and CPR to their solicitors, Mortimer Clarke.

Mortimer Clarke responded:
Further to your letter, we are taking our client's instructions in relation to your request and will come back to you as soon as we can.
We confirm our client is willing to agree to an extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.

Cabot responded:
Thank you for your request for information under the Consumer Credit Act 1974. Cabot Financial currently does not have this information within those time limits, we will write to you again.
If you have any queries about your account please call one of our customer advisors.

What's the next course of action I should take? Should I go back to the court at this stage and if so, what's the best thing to say? Or shall I contact Cabot or Mortimer Clarke first?

Thanks as always for all your help.

[Streetwise]

Re: Inheritthewind vs Cabot/Mortimer Clarke

Following the advice received in this thread http://www.legalbeagles.info/forums/...883#post525883 I sent a CCA to Cabot and CPR to their solicitors, Mortimer Clarke.

Mortimer Clarke responded:
Further to your letter, we are taking our client's instructions in relation to your request and will come back to you as soon as we can.
We confirm our client is willing to agree to an extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.

Cabot responded:
Thank you for your request for information under the Consumer Credit Act 1974. Cabot Financial currently does not have this information within those time limits, we will write to you again.
If you have any queries about your account please call one of our customer advisors.

What's the next course of action I should take? Should I go back to the court at this stage and if so, what's the best thing to say? Or shall I contact Cabot or Mortimer Clarke first?

Thanks as always for all your help.

Inform the court of the extension to enter your defence chase the CPR, DON'T chase the CCA watch your timescales for entering your defence.,( admin can you put this back on its original thread)

[Inheritthewind]

Re: Inheritthewind vs Cabot/Mortimer Clarke

Sorry, I thought I was meant to create a new thread with username vs creditor as the subject heading.

So do I click on 'Start Defence' at this stage already, on the MoneyClaim Online website? If so, what do I put on there, just what I've said above and that they've agreed to an extension?
Or do I enter that somewhere else?

[Streetwise]

Re: Inheritthewind vs Cabot/Mortimer Clarke

Sorry, I thought I was meant to create a new thread with username vs creditor as the subject heading.

So do I click on 'Start Defence' at this stage already, on the MoneyClaim Online website? If so, what do I put on there, just what I've said above and that they've agreed to an extension?
Or do I enter that somewhere else?

Send a letter to the court about the extension,enclose a copy of the letter from Mortimer clarke ,phone the court a couple of days after you send the letter to make sure they got the letter, confirm with the court the new date you have to have your defence in bye.

[Inheritthewind]

Re: Inheritthewind vs Cabot/Mortimer Clarke

Sorry, one thing I forgot to mention, was Cabot saying 'We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again'.

Is it worth mentioning this on the letter to the Court?

[FlamingParrot]

Re: Inheritthewind vs Cabot/Mortimer Clarke

Sorry, I thought I was meant to create a new thread with username vs creditor as the subject heading.

So do I click on 'Start Defence' at this stage already, on the MoneyClaim Online website? If so, what do I put on there, just what I've said above and that they've agreed to an extension?
Or do I enter that somewhere else?

No, that would be just to submit a defence. See below.

[/B]]Send a letter to the court about the extension,enclose a copy of the letter from Mortimer clarke ,phone the court a couple of days after you send the letter to make sure they got the letter, confirm with the court the new date you have to have your defence in bye.

Sorry, one thing I forgot to mention, was Cabot saying 'We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again'.

Is it worth mentioning this on the letter to the Court?

That's just a standard CCA request response template from Cabot, which they send to everyone who sends a request irrespective of whether they've issued proceedings or not. Mortime Clarke have already agreed to a 28 day extension which is the maximum allowed under CPR 15.5, that's the letter you need to forward to the court. If you don't get the documents from either Cabot or MC, then you can submit a defence based around lack of documents just before the 28 days expire, unless you decide to apply for an unless order to force disclosure of documents. Whether it's worth doing this depends on the amount claimed.

[Inheritthewind]

Re: Inheritthewind vs Cabot/Mortimer Clarke

Hi there, I rang the court to ask if they received the letter (I know it's been signed for) and they said it still hasn't been processed yet. Worryingly they also said I've missed the time to file my defence - I think they worked the date out wrong there to be honest as I'm sure I had time left to do. Either way, however, they said I can still email my defence in as judgement hasn't been requested by Mortimer Clarke, so my defence should still be accepted (particularly given Mortimer Clarke have already given me an extension, in writing).
They've given me the email address to send to; the key is, how should I defend this?
Thank you for any advice on how to enter my defence, and thanks for all the advise so far.

[Inheritthewind]

Re: Inheritthewind vs Cabot/Mortimer Clarke

Any advice please? I'm hoping to get this in ASAP to avoid something terrible happening!

Or has the court given me the wrong advice?

Thanks in advance.

[nemesis45]

Re: Inheritthewind vs Cabot/Mortimer Clarke

Hi, did you as advised inform the court of the extension?

If the 12 + 2 Working Days for compliance with the CCA request has expired the debt is unenforceable until Cabot produces the agreement.
If Cabot has not filed within the time scale the court will stay the claim.

nem

[Inheritthewind]

Re: Inheritthewind vs Cabot/Mortimer Clarke

Hi there, I sent the court a letter advising of Mortimer's confirmation of extension, with a copy of Mortimer's letter. That was signed for at the Courts last week but they said it's not on the file or been processed as yet.
The lady I spoke to at the court said she thinks my initial period to file my defence has passed (I think she might be mistaken) but either way, Cabot haven't proceeded with anything yet and therefore I can still email my defence in. Is what she's saying correct and is that the best thing to do?
I'm really confused, I'm not sure if I should be doing something now or not. My worry is that I do or don't do something which ends up making things worse.

[nemesis45]

Re: Inheritthewind vs Cabot/Mortimer Clarke

Get your defence filed asap.

nem

[Inheritthewind]

Re: Inheritthewind vs Cabot/Mortimer Clarke

Thanks, sorry if this is a stupid question but is there a template for how I should file my defence? Is it simply a case of my defence being that they haven't got what I asked them for and therefore they can't proceed based on that?
Thanks.

[nemesis45]

Re: Inheritthewind vs Cabot/Mortimer Clarke

More or less yes.

The best way forward is to look at similar Cabot threads and the defences then you can see first hand what is needed and amend to suit your case.

nem

[Inheritthewind]

Re: Inheritthewind vs Cabot/Mortimer Clarke

Great, thank you for your help.

[Inheritthewind]

Re: Inheritthewind vs Cabot/Mortimer Clarke

Is it possible to just take a look at this please, to ensure my defence is reasonable and valid (from what you can tell) and if I am better off adding or removing anything?
Thank you again.

Dear sir/madam,

With reference to this claim, please see below for my defence:

1: I received the claim XXXXXXXXX, dated 27^th February 2015 from the Northampton County Court Business Centre, on 4^th March 2015.

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.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state exactly when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Barclaycard to Cabot Financial (UK ) Ltd. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Barclaycard served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On 6^th March 2015, I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors Limited. I requested the Claimant provide copies of the Agreement / Contract and Notice of Assignment.

9. Mortimer Clarke, in their letter dated 10^th March 2015 (received 17^th March 2015), declined to send any of these documents to me.

10. On 6^th March 2015, I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Ltd pursuant to sections 77-79 of the Consumer Credit Act 1974.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

12: 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.

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. The court is requested to exercise its case management powers to make an Unless Order that the Claimant provide the necessary documentation, as is their statutory obligation, failing which the claim should be 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.