• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

cabot financial ltd + mortimer clarke

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #46
    Re: cabot financial ltd + mortimer clarke

    Originally posted by troubleuk View Post
    do you think i should phone the court to see if they received my letter about the agreed extension ?
    I would.

    MCOL admits that they take at least 10 days (that's the target apparently) to update information received by post/email onto their database.

    A phone call message for the file is always a good thing in case you need it later.

    Once the information is uploaded that should put a bar on the MCOL database to prevent a Default Judgment.

    Until that information is uploaded onto the system you'll be vulnerable to a CCJ.

    Di

    Comment


    • #47
      Re: cabot financial ltd + mortimer clarke

      hi all so i need to get my defence in by the 12th of may could somebody please have a look and see if this is ok to send and also can i fill this out on the mcol website or do i need to post it to the court ??

      thanks


      1: I received the claim from the County Court Business
      Centre Northampton on 13/04/2017




      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 20 april 2017. 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 25/03/2017 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.




      Signed …………………………………………
      Dated …………………………………………


      @warwick65 @Diana-M
      Last edited by troubleuk; 5th June 2017, 00:17:AM. Reason: forgot some text

      Comment


      • #48
        Re: cabot financial ltd + mortimer clarke

        hi all so i need to get my defence in by the 12th of may
        Some mistake, surely!
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #49
          Re: cabot financial ltd + mortimer clarke

          Originally posted by charitynjw View Post
          Some mistake, surely!

          ooops 12 of june

          Comment


          • #50
            Re: cabot financial ltd + mortimer clarke

            Defence sounds fine, pretty standard, cca claim - sent requests for info (CCA & CPR) and haven't had documents sent to you.

            You have had a formal extension too haven't you - I'd put that in somewhere too... something like..

            12: The Parties agreed to an extension of 28 days 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.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #51
              Re: cabot financial ltd + mortimer clarke

              Ok thanks will add the extra paragraph do I post it via a letter or can I do it on MCOL

              Comment


              • #52
                Re: cabot financial ltd + mortimer clarke

                MCOL is simplest (if you can log in and if the number of characters fits of course !) Otherwise you can submit on paper to the court and send a copy to the claimant's sols.
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #53
                  Re: cabot financial ltd + mortimer clarke

                  Ok thanks my defence is due on the 14th but will send it on the 12th will keep you posted

                  Comment


                  • #54
                    Re: cabot financial ltd + mortimer clarke

                    Sorry what does claiments sols mean

                    Comment


                    • #55
                      Re: cabot financial ltd + mortimer clarke

                      claimant = person named on the claim form as the claimant

                      Claimants sols = the solicitors acting for the claimant

                      Comment


                      • #56
                        Re: cabot financial ltd + mortimer clarke

                        thanks will keep you updated

                        Comment


                        • #57
                          Re: cabot financial ltd + mortimer clarke

                          Well my defence was today so how would I know what the outcome of this court case against me do I wait for letters ?? Thanks

                          Comment


                          • #58
                            Re: cabot financial ltd + mortimer clarke

                            Hi
                            So you submitted your defence today?

                            Next step is to wait and see. The claimants have 28 days ( after they receive it) to decide if they are proceeding . If not the claim gets stayed but can be lifted pretty much when they want .

                            To be honest all you can do is wait and see, keep your eye on MCOL to see if there are updates

                            Comment


                            • #59
                              Re: cabot financial ltd + mortimer clarke

                              My court day was today I posted my defence on the 12th looked on MCOL and it days my defence was received today

                              thanks Warwick will keep my eye out

                              Comment


                              • #60
                                Re: cabot financial ltd + mortimer clarke

                                Just a quick update got a letter from court saying they received my defence and now I have to wait till Mortimer get in touch with me either to sort it out with me or proceed with court

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                                Announcement

                                Collapse

                                Support LegalBeagles


                                Donate with PayPal button

                                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                                See more
                                See less

                                Court Claim ?

                                Guides and Letters
                                Loading...



                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                Working...
                                X