Mortimer Clarke - Carbot CCJ

**glendale** · 14th June 2018, 10:54:AM

Do not wait for confirmation of extension (they are not to be trusted m8 )-get your defence in asap .

**kaiya1** · 14th June 2018, 11:03:AM

Originally posted by glendale View Post

Do not wait for confirmation of extension (they are not to be trusted m8 )-get your defence in asap .

Thank you so much Glendale, I assumed that this would be the best option; it is advisable to just adapt the defence template on this site?

**kaiya1** · 14th June 2018, 15:00:PM

Hi again,

I was wondering whether you would be able to assist and take a look over my defence letter (attached) an let me know your thoughts.

Thank you so much for your help!

Attached Files

Defence 1.doc (27.5 KB, 1 view)

**kaiya1** · 14th June 2018, 15:01:PM

DEFENCE

1. I received the claim xxxxx from the Northampton Count Court Bulk Centre on xxxx 2018.

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. It is denied that the Defendant has previously entered into an agreement with Vanquis Bank Ltd on or around the xxxxx for provision of credit.

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

6. The Claimant’s Particulars of Claim state that the agreement was assigned to the Claimant (no date provided). The defendant does not recall receiving notice of assignment.

7. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

8. It is denied that Vanquis Bank Plc 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.

9. On the xxxx I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 18 to Mortimer Clarke Solicitors Ltd I requested the Claimant provide copies of the [Agreement, Termination Notice, Deed/Notice of Assignment, full disclosure of amount claimed for and any documentation the Claimant intends to reply.

10. Mortimer Clarke Solicitors Ltd acknowledged my request by letter on xxxx and stated that they are not in possession and that they are trying to obtain the documents from their client. These documents have not been provided.

11. Mortimer Clarke stated in their letter dated xxxx 2018 that the account will be placed on hold whilst they try to obtain these documents; however, they failed to provide a statement of extension to the court.

12. On the xxxx I sent a formal request for a copy of the original agreement to Carbot Financial (UK) Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

13. On xxxx I received a letter from Carbot Financial (UK) Ltd dated xxxx stating that they did not hold the relevant information on file and would be requesting a copy of the credit agreement, terms and condition, and statement of account from the alleged original lender. Carbot Financial (UK) Ltd stated that I would receive an update within 12 days which, this timeframe has now expired.

14. 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.

15. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have not replied.

16. 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.

17. 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.

18. 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.

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

**kaiya1** · 18th June 2018, 12:22:PM

PLEASE HELP!!!!! Mortimer Clarke Extension Agreement

Today, 11:45:AM
Hi all,

So further to my CPR 18 request I received a letter from Mortimer Clarke stating that they were still obtaining the requested information and they have agreed to an extension of 14 days using the following phrasing:-

"we note you have requested an extension of time to file a defence. Our client's position is that the information you have been provided is sufficient for you to identify this matter and raise any dispute; the provision of the documents you have requested does not change the facts of this matter.

However, we confirm our client is willing to agree to an extension of 14 days for you to file a defence. pursuant to CPR 15.5 (2) please notify the court in writing of the agreement.

The CCj was issued from Northampton County Court Business Centre, I have this morning emailed a copy of the letter to ccbc@hmcts.gsi.gov.uk, ccbcaq@ and MCOL @.

Can someone please advise whether I have done the correct thing; as im sure some of you are aware it is virtually impossible to get through to MCOl or NCCBC to ascertain whether this notification has been received.

**jaguarsuk** · 18th June 2018, 12:46:PM

Yes you have done the right thing in emailing a copy of the letter and add 14 days to your deadline, so you know the new deadline to file the defence.

Regardless of their bluster about you having sufficient information to understand the matter, ignore that as it's them game playing to try to make you think the court will think badly of you for requesting these documents. They won't, you are entitled to them and the solicitors know it.

**kaiya1** · 18th June 2018, 12:57:PM

jaguarsuk RS Thank you so much for your assistance; i was starting to panic. They have provided me a copy of the 'before claim letter' which has never been received and a letter supposedly from Vanquis informing me that the account had been passed to Carbot; however, there is no date on the letter and i have no knowledge of this being received.

.

They have also refused to provide the deed of assignment as they state that this document is confidential between the claimant and the original creditor and that they are not obligated to provide this. They have also stated alongside each of the documents requested that "the request for the above document under CPR 18 is misconceived.

I am trying to do as much research as possible, but the more i research the more confusing all the rules and procedures seem to get. I really do appreciate any help and advise the people on this forum are able to offer.

**jaguarsuk** · 18th June 2018, 13:14:PM

Having not seen the pariculars of claim it's hard to advise what you should have been asking for in a CPR 31.14 Request , but that is the better route to extract documents. In the small claims track CPR 18 has limited effect and they could have simply refused point blank.

They can with hold the deed of assignment, but the letter being undated is good for you as anyone could have typed it anytime (although don't say that to them yet). What other documents did you ask them to provide?

**kaiya1** · 18th June 2018, 13:25:PM

The agreement; including specific Terms at the point of the alleged agreement was made and any subsequent changes. You will appreciate by reason of the provisions of CPR 39.a (3.3) requires The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial. Further, that any general conditions incorporated in the contract should also be attached.
The deed of assignment
All notices of assignment
The default warning letter
The default notice
The termination notice
Proof of Pre-Action Protocol Documentation being sent
I deny any indebtedness to the Claimant, but particularly deny that they are due statutory interest on the alleged amount and as such I request full disclosure of the amount the claimant alleges to have paid for this alleged debt.
Also, I would request under the Civil Procedure Rule 39 PD 39a (3.3) the originals of any documents upon which you, the claimant intends to rely, are brought to any subsequent hearing for examination.

The particulars of claim only stated the following:-

By an agreement between Vanquis Bank Ltd and the Defendant on or around 07/05/2015 ("the Agreement') Vanquis Bank Ltd agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due and the Agreement was terminated. the agreement was assigned to the claimant. Th claimant therefore claims xxxxx

I know I requested more than what was stated in the particulars of claim but since the have not provided alot of information i thought i woudl request as much as possible.

**jaguarsuk** · 18th June 2018, 13:38:PM

Okay, CPR 18 is for asking specific questions and not obtain disclosure of documents.

I would have sent a CCA Request to the claimant and copy to the solicitor with a CPR 31.14 Request asking for:

"agreement between Vanquis Bank Ltd and the Defendant on or around 07/05/2015 ("the Agreement')"
notice "agreement was assigned to the claimant"

As you have a 14 day extension, you can do that today with the 31.14 allowing them 7 days to respond and CCA 14 days.

On the £1 cheque or postal order with the CCA ensure you mark it with "CCA 1974 STATUTORY FEE ONLY"

**kaiya1** · 18th June 2018, 14:01:PM

I did post a CCA request along with the £1 postal order to Carbot along with a copy of the letter and CPR 18 request to Mortimer Clarke. They have stated that although my CPR 18 request is misconceived that they have requested the documents from Vanquis.

Shall I still send a CPR 31 request?

Was my brief email to NCCBC and MCOL along with a copy of Mortimers letter stating that they agree to a 14 day extension sufficient; i wasnt sure whether there was a specific form I should be emailing. I have been trying to contact them all day but get cut off after being on hold for ages .

**jaguarsuk** · 18th June 2018, 14:28:PM

Originally posted by kaiya1 View Post

I did post a CCA request along with the £1 postal order to Carbot along with a copy of the letter and CPR 18 request to Mortimer Clarke. They have stated that although my CPR 18 request is misconceived that they have requested the documents from Vanquis.

Shall I still send a CPR 31 request?

Was my brief email to NCCBC and MCOL along with a copy of Mortimers letter stating that they agree to a 14 day extension sufficient; i wasnt sure whether there was a specific form I should be emailing. I have been trying to contact them all day but get cut off after being on hold for ages .

If they have agreed to source the documents no.

There is no specific form to post, the email will suffice albeit don't expect a quick response as it'll take them a few days to get around to it.

**kaiya1** · 18th June 2018, 14:35:PM

The original date for my defence to be submitted was on Wednesday; if it will take them a few days to get around to it should i go ahead and file my defence?

Sorry for all the questions; i really do appreciate you taking the time to assist me.

**jaguarsuk** · 18th June 2018, 14:42:PM

Originally posted by kaiya1 View Post

The original date for my defence to be submitted was on Wednesday; if it will take them a few days to get around to it should i go ahead and file my defence?

Sorry for all the questions; i really do appreciate you taking the time to assist me.

No, it shows the date sent and that will be taken as the date of notification.

Mortimer Clarke - Carbot CCJ