am i too late to file the defence PLEASE HELP !!

**echat11** · 21st March 2023, 07:35:AM

Hi Macka

Welcome to LB

Not too late (although acknowledged late), but you need to act very quickly.

a) Answer the following questions, copy and paste back onto thread (without personal details).

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

b) Send the CCA request, make sure you get Proof of Postage -

https://legalbeagles.info/library/gu...etter-example/

c) Send the CPR 31.14 request, make sure you get Proof of Postage -

https://legalbeagles.info/library/gu...-of-documents/

d) The following is an example defence, amend it with the facts that you have, then post it on this thread without the personal details, you can file your defence via MCOL and send a copy in the post, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-court-claims/

**jaguarsuk** · 21st March 2023, 09:23:AM

You have 33 days from the date on the claim form to file a defence if you have acknowledged service. as you have not told us the date on the claim form we cannot ascertain what your deadline is.

Whether you have time left or the deadline has passed check the online service, if no 'Default Judgement' has been applied for then you can still file a defence regardless of deadline, however you'd be well advised to do it as quickly as possible if your deadline has passed to ensure you beat the claimant before they do apply for judgement.

**macka** · 22nd March 2023, 22:35:PM

Originally posted by jaguarsuk View Post

You have 33 days from the date on the claim form to file a defence if you have acknowledged service. as you have not told us the date on the claim form we cannot ascertain what your deadline is.

Whether you have time left or the deadline has passed check the online service, if no 'Default Judgement' has been applied for then you can still file a defence regardless of deadline, however you'd be well advised to do it as quickly as possible if your deadline has passed to ensure you beat the claimant before they do apply for judgement.

thank you

**macka** · 22nd March 2023, 22:54:PM

Received a claim? YES
Issue Date:20th Feb
Have you Acknowledged the Claim?: YES
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £1200
Claimant’s Name: CABOT FINANCIAL LTD
Solicitors Firm: MORTIMER CLARK
Original Creditor: NEW DAY RE FLUID
Original Debt (eg. Credit card/Loan/Overdraft) : CREDIT CARD
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):THAT THE DEFENDANT ON OR AROUND 31/07/2019 (the AGREEMENT ) AGREED TO ISSUE THE DEFENDANT WITH A CREDIT CARDTHE DEFENDANT FAILED TO MAKE THE MINIMUM PAYMENTS DUE .THE AGREEMENT WAS TERMINATED FOLLOEWING THE SERVICE OF A DEFAULT NOTICE. THE AGREEMENT WAS ASSIGNED TO THE NAMED CLAIMANT ACTING AS SERVICE AGENT FOR THE NAMED CLAIMANT THROUGH THE APPOINTED REPRESENTATIVE HAS ARRANGED FOR THESE PROCEEDINGS TO BE ISSUED IN THE NAME OF THE CLAIMANT, THEREFORE THE NAMED CLAIMANT CLAIMS 1100 2. COSTS

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):NO
List any letters you have sent (eg: CCA/ CPR ):SENT CCA AND CPR TODAY

Any Other Information or Background Details:

CAN I UPLOAD AND SHOULD I INCLUDE A COPY OF BOTH LETTERS ON THE MCOL CLAIM SITE

THANK YOU FOR ALL YOUR HELP

**macka** · 22nd March 2023, 22:56:PM

Originally posted by echat11 View Post

hi macka

welcome to lb

not too late (although acknowledged late), but you need to act very quickly.

A) answer the following questions, copy and paste back onto thread (without personal details).

Received a claim? Yes/no:
Issue date:
Have you acknowledged the claim?:
Total amount claimed : ( approximately please do not use exact figure given on the claim form, round up to next £100 or £1000)
claimant’s name:
Solicitors firm:
Original creditor:
Original debt (eg. Credit card/loan/overdraft) :
Particulars of claim: ( please type out in full excluding names/account numbers/exact amounts ):
is the debt statute barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: Cca/ cpr ):
Any other information or background details:

B) send the cca request, make sure you get proof of postage -

https://legalbeagles.info/library/gu...etter-example/

c) send the cpr 31.14 request, make sure you get proof of postage -

https://legalbeagles.info/library/gu...-of-documents/

d) the following is an example defence, amend it with the facts that you have, then post it on this thread without the personal details, you can file your defence via mcol and send a copy in the post, make sure you get proof of postage.

https://legalbeagles.info/library/gu...-court-claims/

thank you !!

**echat11** · 23rd March 2023, 06:48:AM

Originally posted by macka View Post

Received a claim? YES
Issue Date:20th Feb
Have you Acknowledged the Claim?: YES
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £1200
Claimant’s Name: CABOT FINANCIAL LTD
Solicitors Firm: MORTIMER CLARK
Original Creditor: NEW DAY RE FLUID
Original Debt (eg. Credit card/Loan/Overdraft) : CREDIT CARD
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):THAT THE DEFENDANT ON OR AROUND 31/07/2019 (the AGREEMENT ) AGREED TO ISSUE THE DEFENDANT WITH A CREDIT CARDTHE DEFENDANT FAILED TO MAKE THE MINIMUM PAYMENTS DUE .THE AGREEMENT WAS TERMINATED FOLLOEWING THE SERVICE OF A DEFAULT NOTICE. THE AGREEMENT WAS ASSIGNED TO THE NAMED CLAIMANT ACTING AS SERVICE AGENT FOR THE NAMED CLAIMANT THROUGH THE APPOINTED REPRESENTATIVE HAS ARRANGED FOR THESE PROCEEDINGS TO BE ISSUED IN THE NAME OF THE CLAIMANT, THEREFORE THE NAMED CLAIMANT CLAIMS 1100 2. COSTS

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):NO
List any letters you have sent (eg: CCA/ CPR ):SENT CCA AND CPR TODAY

Any Other Information or Background Details:

CAN I UPLOAD AND SHOULD I INCLUDE A COPY OF BOTH LETTERS ON THE MCOL CLAIM SITE

THANK YOU FOR ALL YOUR HELP

You don't need to upload a copy of the CCA and CPR letters.

Can you copy and paste your defence on this thread, removing all personal details.

**macka** · 23rd March 2023, 11:00:AM

Originally posted by echat11 View Post

You don't need to upload a copy of the CCA and CPR letters.

Can you copy and paste your defence on this thread, removing all personal details.

1. The defendant received the claim no +++++++ from the Northampton

County Court 20/2/23.

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 entered into an agreement

with the claimant 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 claimants particulars of claim fail to state exactly when

the agreement was entered into and states the agreement was

entered into on or 'around' 31/7/2019.

7. The claimants statement of case states that the account was

assigned from New Day to Cabot Financial UK Ltd without a date.

The defendant does not recall receiving notice of this assignment.

8. It is denied that New Day 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 any

default notice relied upon complied with the requirements of

section 88 (4a) CCA 1974 and that the notice was in the prescribe

form as required by the consumer credit enforcement default and

termination default regulations 1983.

9. On the 23/3/2023 via email and recorded delivery the defendant

sent a formal request for a copy of the original agreement to

Cabot Financial Ltd pursuant to section 77 or 78 of the consumer

credit act 1974 along with the statutory £1 fee.

10. Mortimer Clarke has not sent any of these documents to the

defendant.

11. The claimant has failed to comply with section 77 (1) /s78 (1)

consumer credit act 1974 and by virtue of section (section 77 (4)

s78(6)) consumer credit act 1974 cannot enforce the agreement.

12. On the 23/3/2023 via email and recorded delivery the defendant

sent a request for inspection of documents mentioned in the

claimants statement of case under civil procedure rule 31.14 to

Mortimer Clarke Solicitors. I requested the claimant provide

copies of the agreement default notice and notice of assignment.

13. Under civil procedure rule 16.5 (4) where the claim includes

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 the relevant documents are received from the

claimant the defendant will then be in a position to amend his

defence and would ask the claimants bear the cost of the

amendment.

16. It is denied that the claimant is entitled to the relief as

claimed or at all.

**echat11** · 23rd March 2023, 11:26:AM

You need to look at:

a) Number 4), you haven't provided 'Any other information or background details:', you seem to be saying that you know nothing about the agreement. '4. It is denied that the defendant has entered into an agreement with the claimant for provision of credit.'

b) Number 9) needs to read, section 78 not 'section 77 or 78'.

c) Number 11) should readsection s78 not '77 (1) / s78' and (section s78 (6))not (section 77 (4) s78(6)).

Can you post your Statement of Truth?

**macka** · 14th April 2023, 16:05:PM

I have been away and come back to a letter from Mortimer Clarke stating that they have received my defence and request for documentation under
CPR 31.14
They have referred the contents my defence to their client for their comments and will come back to me when they have their clients instructions.

They say !!!! that this may take some time if their client needs to go back to the original creditor for ind formation and or documentation to respond to my defence,
Therefore< they can confirm that their client is willing too agree to the extension of 28 days for myself to file my amended defence.
Pursuant to CPR 15.5 (2) they say for me to notify the court in writing of this agreement ,
they say in the meantime the matter has been placed on hold and no futher action will be taken in the meantime .
their original claim was issued on the 20th feb , I made my acknowledgement on the 7th March and filked my defence in time

Do i need to write to the court and make them aware of the letter sent from Mortimer Clarke or is that their responsibility ???
also When would their time be up on this claim

Thank you in anticipation

**echat11** · 14th April 2023, 16:32:PM

Do i need to write to the court and make them aware of the letter sent from Mortimer Clarke or is that their responsibility ???

You can do, no harm in doing that (you've a letter to state that you've got an extension).

also When would their time be up on this claim

You need to see what their response is before speculating.

But if they discontinue their claim, then that's a sure sign the matter is closed.

**macka** · 16th April 2023, 21:00:PM

Originally posted by echat11 View Post

Do i need to write to the court and make them aware of the letter sent from Mortimer Clarke or is that their responsibility ???

You can do, no harm in doing that (you've a letter to state that you've got an extension).

also When would their time be up on this claim

You need to see what their response is before speculating.

But if they discontinue their claim, then that's a sure sign the matter is closed.

Thank you very much for all your help, It truly gives peace of mind to be able to reach out to you guys, dark places slowly get lighter !!!!!!

**macka** · 28th April 2023, 22:26:PM

The latter states that there is a 28 day extension whilst they await their clients instructions but have not notified me as yet , what should I do please ????

**ULA** · 29th April 2023, 20:14:PM

All merged

**macka** · 4th May 2023, 02:42:AM

Thank you both !

am i too late to file the defence PLEASE HELP !!