Mortimer Clarke and Cabot filed for CCJ please help

[Anialee13]

Hi guys, I think I'm bit behind nowill kids and work is really getting in a way. I'm starting to think that maybe I should suck it up and start paying back what they say. I'm mad about these extra charges and how they getting away with it though.
Next part may become tricky though because I don't have a printer and CCA and CPR 31.14 requests are quite lengthy. Is this something I could do via email? Especially for 31.14.
Also shouldn't CCA request go to Cabot ( because they are down as claimant)?
I attached screenshot of what the online claim looks like now. I believe I correctly acknowledged the claim and applied for extra 14 days but it actually doesn't say I have☹️.
Anything else I need to do?

[MIKE770]

you have left your name etc on form

[Anialee13]

Definitely stupid kind of thing I'd do

[Anialee13]

Mike could you please confirm if I need to be posting hand written CCA request to Cabot(should I just Google their main address) and also the CPR 31.14 to MC solicitors? And in the meantime to I need to do anything else on this online claim portal? Thank you in advance. I know I'm a pain but I really don't know what I'm doing and what I'm.dealing with☹️

[pt2537]

CCA request to the debt collector IE Cabot, CPR 31.14 request to the solicitors.

CCA requests must be in writing and accompanied by the fee of £1.00. They cannot be emailed in my view

[Anialee13]

Back already! I know
just started writing CPR 31.14 and realised I don't know what I'm asking for their particulars are very basic. Please have a look

[Anialee13]

Guys I'd really appreciate clarification on these documents as I'm planning on posting it tonight.
another issue - from reading around the forum I understand I have 28 days to submit my defence or they will go ahead and issue ccj without me even knowing. My claim was dated 15th of October so it looks like it's pretty much now. Is that correct?
Since I haven't got any defence as I have no paperwork or communication from.them what do I say? Should I still use your complete defence template?

[MIKE770]

On such a dates CA. Cpr 31.14 request and nothing been received if the cases

[MIKE770]

CCA that is

[Celestine]

Back already! I know
just started writing CPR 31.14 and realised I don't know what I'm asking for their particulars are very basic. Please have a look

Agreement
Default Notice
Assignment Notice: are the three documents mentioned in their claim particulars so these fall under provisions of CPR 31.14

The credit agreement shall also be requested under CCA because failure to comply with that request is a breach (of CCA and would render agreement unenforceable) and this would not be the case if they failed to comply with the CPR.....

[Celestine]

And yes, use our defence template and post it here quickly so we can check it. Remove s.7 and 14.
Your main defence currently will be outstanding CCA request and perhaps the dispute with the original creditor needs mentioning to give better context.

[Anialee13]

https://legalbeagles.info/forums/for...ease-help?p=15

(I don't know how to reply directly to Celestine, I hope the above worked)
If I describe the original dispute with marbles don't I automatically admit I owe them that money? I thought I meant to be denying until they provide every bit of paperwork?

Ps. Mike and Celestine thank you so much, I'd be crying my eyes out now if it wasn't for you.

[Celestine]

You must be honest on a Defence statement. If you recall entering an agreement with a provider previously, you must admit that and the next sentence addresses that you are now awaiting CCA documentation to check if the account is enforceable. If you have absolutely zero recall of entering such an agreement, then you deny.

[Celestine]

Ps. Mike and Celestine thank you so much, I'd be crying my eyes out now if it wasn't for you.

It is our pleasure to try to help X

[Anialee13]

Hi guys, late as always, I'm going to paste my defence below in a sec.
first of all I put wrong dates stating when I requested CCA and CPR. I put 24th but in fact it was 26th(yesterday) does it matter?
secondly I'm worried about paragraph 12 because obviously they don't even have my CCA and cpr31.14 requests so saying they haven't responded or asking court to make them.seems harsh?

Lastly I think I should also add that the only contact since I entered into this agreement I recall is letter from their solicitor in September 2020 threatening me with ccj if I didn't respond. And that I responded promptly on whatever date yet it's been completely ignored and claim.was issued?

That's all I have lol
1.The Defendant received the claim G4CD2K29 from the Northampton County Court on the 24th of October 2020

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

3.This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has entered into an agreement with Original Creditor for provision of credit. Defendant disputed this debt with original creditor due to excessive charges which were applied to the account regularly and were against FCAs rules and guidelines. Defendant sent countless emails to the Original Creditor which were met with automated responses only. Defendant intended to take this issue to the Financial Ombudsman but wasn’t aware of time restrictions. At the time of alleged Notice of Assignment this debt was disputed by Defendant.
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 states the agreement was entered into on or around 23/05/2019.
7.The Claimants statement of case states that the account was assigned from Original Creditor to Claimant, however it doesn’t specify when. The Defendant does not recall receiving notice of this assignment.
8.It is denied that Original Creditor 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
9.On the 24/11/2020 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10.Claimant’s Solicitor has not yet sent any of these documents to the Defendant.
11.On the 24/11/2020 The Defendant sent a formal request for a copy of the original agreement to Claimant pursuant to section 77 or 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
12.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.
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 Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his 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.