Mortimer Clarke and Cabot filed for CCJ please help

[Anialee13]

MIKE770 Celestine

could you please look at my defence when you have a sec....thank you!!!

[Anialee13]

Pretty please

[MIKE770]

Celestine

[Celestine]

Coming....! Give me ten minutes, it needs a few tweaks X

[Celestine]

1.The Defendant received the claim XXXX 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 the Original Creditor, Marbles for the provision of credit. The Defendant disputed this debt with the original creditor due to excessive charges which were applied to the account regularly and were against FCAs rules and guidelines.
The Defendant sent countless emails to the original creditor which were met with automated responses only. The Defendant intended to take this issue to the Financial Ombudsman but wasn’t aware of time restrictions and the Defendant was also experiencing family problems associated with Covid19. At the time of the alleged assignment,this debt was strongly 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 state the agreement was entered into on or around 23/05/2019.
7.The Claimants statement of case states that the account was assigned from Marbles to the Claimant, however it doesn’t specify on what date. The Defendant does not recall receiving a 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 26/11/2020 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.The Claimant’s Solicitor has not yet sent any of these documents to the Defendant.
11.On the 26/11/2020 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.

[Celestine]

If you haven't posted out already, be honest about any dates, this is meant to be a statement of truth.

[Anialee13]

Thank you so much !!!!!!!
i haven't done it yet, will change dates and do it now

[Anialee13]

MIKE770 Celestine hi guys, me again :-)))

I'm just wondering what's happening and what I need to do next. I haven't had any post from Cabot or their solicitor since my letters went out. Just went to the claim portal.to see if anything happened and the only info in claim history is me submitting my defence on the 1st and apparently it being received on the 2nd.
Do people normally get email notifications if anything happens there or am I meant to.log in daily to check. And how long do I wait if there's no action from anyone?
Thank you

[Celestine]

After your defence is filed, you just hold tight until you hear from them or the court. X

[Anialee13]

MIKE770

Celestine

Hi, Im just wondering what to do with this claim. It's been months since I filled my defence and nothing happened.
I received acknowledgement of CCA request from their solicitor but I have not had any communication since then and that was December. The case is just sitting there, will it be dismissed, should it be dismissed? Or have they got unlimited amount of time for this?
Many thanks

[MIKE770]

await any further correspondence from court or them, case up to them to produce the ball in their court

[Anialee13]

MIKE770 how long can this take though? It's been 6 months since the last contact and I was under the impression that they had to provide me with CCA within 14 days. Can't we at some point request dismissal?

[MIKE770]

To soon

[Celestine]

Hello
I must admit, I'm a little surprised that Cabot have been unable to comply with a 2019 credit card account? I suspect this is human error rather than the agreement is lost, so hold tight. There is a possibility that they'll let this get too close to a court date then realise they need to get the agreement off the original lender. Definitely a bit odd but don't worry too much - remember you can always set up a Tomlin order if things get to that stage.