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Cabot Financial/Mortimer Clarke Vs Me!

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  • #16
    Re: Cabot Financial/Mortimer Clarke Vs Me!

    This is what my version looks like:



    1: I received the claim ....... from the County Court Business
    Centre Northampton on .....


    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.


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


    5. The Claimants statement of case states that the account was assigned from Capital One to Cabot Financial (UK)Limited. I do not
    recall receiving notice of this assignment.


    6. It is denied that Capital One served any Default notice on me pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served to me.


    7: On the ... I sent a request for inspection of documents
    mentioned in the claimants statement of case under Civil Procedure
    Rule 31.14 to Mortimer Clarke Solicitors Ltd. I requested the
    Claimant provide copies of the Agreement, Default Notice and
    Notice of Assignment.


    8.Mortimer Clarke Solicitors Ltd has not sent any of these documents to
    me.


    9. On the ..... I sent a formal request for a copy of the
    original agreement to Cabot Financial (UK)Limited pursuant to
    section 78 of the Consumer Credit Act 1974 along with the
    statutory £1 fee.


    10. The Claimant has failed to comply with s 78 (1) Consumer
    Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974
    cannot enforce the agreement.


    11. 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


    I believe that the facts stated in this Defence are true.










    Dated .....


    I would really appreciate any comments,

    Thanks
    Last edited by Need4Help; 21st December 2016, 04:28:AM.

    Comment


    • #17
      Re: Cabot Financial/Mortimer Clarke Vs Me!

      case number showing

      Comment


      • #18
        Re: Cabot Financial/Mortimer Clarke Vs Me!

        Originally posted by Need4Help View Post
        This is what my version looks like:



        1: I received the claim C9CD9W3T from the County Court Business
        Centre Northampton on 22/11/2016


        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.


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


        5. The Claimants statement of case states that the account was assigned from Capital One to Cabot Financial (UK)Limited. I do not
        recall receiving notice of this assignment.


        6. It is denied that Capital One served any Default notice on me pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served to me.


        7: On the 02/12/2016 I sent a request for inspection of documents
        mentioned in the claimants statement of case under Civil Procedure
        Rule 31.14 to Mortimer Clarke Solicitors Ltd. I requested the
        Claimant provide copies of the Agreement, Default Notice and
        Notice of Assignment.


        8. [Claimant's Solicitor] has not sent any of these documents to
        me.


        9. On the 02/12/2016 I sent a formal request for a copy of the
        original agreement to Cabot Financial (UK)Limited pursuant to
        section 78 of the Consumer Credit Act 1974 along with the
        statutory £1 fee.


        10. The Claimant has failed to comply with s 78 (1) Consumer
        Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974
        cannot enforce the agreement.


        11. 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


        I believe that the facts stated in this Defence are true.










        Dated 20/12/2016


        I would really appreciate any comments,

        Thanks

        Hi,

        How sure are you about this debt being statute barred?

        6 years without payment or written acknowledgment of the debt. What is the default date on your credit file? or has the account been removed because the default was more than 6 years ago?

        The debt must have been statute barred on the date the claim was issued. So if you can be sure of your ground it is a complete defence.

        nem

        Comment


        • #19
          Re: Cabot Financial/Mortimer Clarke Vs Me!

          I am not 100% sure the debt is statute barred, hence I haven't mentioned it. All I know for sure is that I haven't made any payments since I moved to South London and it will be 6 years in January.

          Comment


          • #20
            Re: Cabot Financial/Mortimer Clarke Vs Me!

            Is the account on your credit files? You can check Noddle and Clear Score online.
            nem

            Comment


            • #21
              Re: Cabot Financial/Mortimer Clarke Vs Me!

              Okay, date defaulted on noddle is 09/02/2011. Does this mean the day I made the last payment or the day the default notice was sent out to me(supposedly)? Like I mentioned earlier, I had no fixed address for about 2 years and I did not actually have a bank account from early 2010 to August 2011. So I'm not sure if or how I made any payments in 2011.

              Comment


              • #22
                Re: Cabot Financial/Mortimer Clarke Vs Me!

                If it were me I would include the SB argument in your Defence and let the Claimant prove otherwise.

                Di

                Comment


                • #23
                  Re: Cabot Financial/Mortimer Clarke Vs Me!

                  Originally posted by Need4Help View Post
                  Okay, date defaulted on noddle is 09/02/2011. Does this mean the day I made the last payment or the day the default notice was sent out to me(supposedly)? Like I mentioned earlier, I had no fixed address for about 2 years and I did not actually have a bank account from early 2010 to August 2011. So I'm not sure if or how I made any payments in 2011.
                  The date the default was registered with the agencies the actual default could have occurred up to 6 months earlier.

                  Did you get a DN from the original creditor?

                  nem

                  Comment


                  • #24
                    Re: Cabot Financial/Mortimer Clarke Vs Me!

                    I read somewhere that using the statute barred argument and I am wrong would likely reset the 6yr clock by acknowledging the debt. Is this correct?

                    Comment


                    • #25
                      Re: Cabot Financial/Mortimer Clarke Vs Me!

                      I don't remember if I got the DN from the original creditor (Capital One). How can I find this out?

                      Comment


                      • #26
                        Re: Cabot Financial/Mortimer Clarke Vs Me!

                        Originally posted by Need4Help View Post
                        I read somewhere that using the statute barred argument and I am wrong would likely reset the 6yr clock by acknowledging the debt. Is this correct?
                        No that's not the case. When the claim was issued the SB clock stopped ticking.

                        Don't worry about the DN for now. You've said you were homeless between 2008 and 2010 so I doubt you'd have received anything sent in the post

                        The deadline for filing your Defence is tomorrow 4 pm that's what matters most.

                        In Paragraph 8 you need to add the name of the solicitors Mortimer Clarke.

                        Di

                        Comment


                        • #27
                          Re: Cabot Financial/Mortimer Clarke Vs Me!

                          Originally posted by Need4Help View Post
                          I did not actually have a bank account from early 2010 to August 2011. So I'm not sure if or how I made any payments in 2011.
                          If you didn't have a bank account from early 2010 then that increases the possibility that the debt could be SB.

                          Di

                          Comment


                          • #28
                            Re: Cabot Financial/Mortimer Clarke Vs Me!

                            Resetting the statute barred clock is irrelevant as they issued the claim on 18 Nov 2016. The question now is whether you acknowledged the debt by payment or in writing after 18 Nov 2010.

                            Put a line in your defence to say that you did not, and you believe the debt, if it is yours, would be statute barred under s5 of the the Limitation Act 1980

                            Comment


                            • #29
                              Re: Cabot Financial/Mortimer Clarke Vs Me!

                              Originally posted by Need4Help View Post
                              I read somewhere that using the statute barred argument and I am wrong would likely reset the 6yr clock by acknowledging the debt. Is this correct?
                              No a properly worded " statute barred " letter does not constitute an admission of liability.

                              nem

                              Comment


                              • #30
                                Re: Cabot Financial/Mortimer Clarke Vs Me!

                                Thank you for all your contributions. I'll keep this forum updated whenever I receive any correspondence.

                                Comment

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