Mortimer Clarke

[ardles]

Hi, Im new here and looking for help

I recieved court papers yesterday from Mortimer clarke regarding a debt with aqua credit card.

I know about the debt and was paying cabot up until August last year, but then stuff happened and I had to stop paying. but I have never heard of Mortimer clarke until i recieved these court papers yeaterday and now im panicking. I dont want a ccj on my file. im willing to pay them but it would need to be installements but i have read its too late for them now and even if i offer installements i will still get a ccj.

can anyone help me, i dont know what to do.

Ardles

[echat11]

Hi Ardles

Welcome to LB

Firstly stay clam.

Secondly, you are a long way from a CCJ.

Fill in the following, copy and paste back to this 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:
When was the account opened?

[echat11]

a) What you need to do is Acknowledge the claim online, that will give you an extra 14 days to work on you defence, so that 28 days in total, plus 5 days post.

b) Send Cabot a CCA request for your account, they have 12 days to provide you with a copy of your original agreements. Make sure you get Proof of Postage.

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

c) Send Mortimer Clarke a CPR 31.14 Request, they have 7 days to provide documents they are relying to make the claim. Make sure you get Proof of Postage.

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

d) Send Aqua a SAR for the account, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Make sure you get your defence in on time, so 28 days from the date of the claim letter, note it in your diary, if you want the Defence checked post 5 days before it's due.

e) This is an example defence, amend it carefully to suit the current situation, wait nearer the 23th day (to see what documents you receive). Send a copy to the Court and their solicitors, make sure you get Proof of Postage for both.

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

[ardles]

Hi
Thank you so much for responding, and helping me.
So this morning I acknowledged the claim and said i intend to defend it. and tomorrow when I have more time I will fil in the details you asked, and prepare all the letters I need to send.

I feel a little better knowing there is someone here to help me. so thank you to you both.

[ardles]

Hi

Iam just drafting all the letters, but for the cca its saying put account number but there isnt one, do put the claimant ref number?

[ardles]

I have filled in the details. would be grateful for any help .

Received a claim? Yes
Issue Date: 15 feb 2024
Have you Acknowledged the Claim?: yes on 22^nd feb
Total Amount Claimed £500
Claimant’s Name:Cabot
Solicitors Firm:Mortimer clarke
Original Creditor: Newday ltd
Original Debt (eg. Credit card/Loan/Overdraft) : Aqua card
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
By an agreement between Newday LTD RE Aqua & the Defendant on or around 11/11/2016 (‘the agreement’) Newday LTD RE Aqua agreed to issue the Defendant with a credit card. The defendant failed to make the minimum payments due. The agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cobot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative ( Cabot Financial (Europe) Limited) has arranged for these proceedings to be issued in the name of the Claimant. THE NAMED CLAIMANT THEREFORE CLAIMS 1. ***.** 2. Costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): not sure but I was paying small installments to cobot when it defaulted until Aug 2023
List any letters you have sent (eg: CCA/ CPR ): drafted but not yet sent CCA/ CPR and SAR need help with these.
Any Other Information or Background Details:
When was the account opened? Nov 2016

[echat11]

Hi

Iam just drafting all the letters, but for the cca its saying put account number but there isnt one, do put the claimant ref number?

No, just name and address should suffice. If they need more information, they'll come back to you.

[ardles]

All letters - CCA/ CPR and SAR sent via recorded so proof of postage done.

whats next?

[echat11]

All letters - CCA/ CPR and SAR sent via recorded so proof of postage done.

whats next?

a) See what you get back, update the thread,

b) Keep an eye on the date that your defence has to be lodged with the Court and with their solicitors.

c) You can start preparing your Defence (don't send it), update the thread 5 days before your Defence is due.

[ardles]

Thank you so much for your help its really appreciated.

[ardles]

So far the only correspondence I have received is this via email not post. Thanks for your recent communication regarding query related on your Aqua account ending with and postcode ending

Please be advised that your concern has been referred to our relevant department and they will be in touch with you in due course.

I hope this has answered your query. However, if you should have any further questions, please contact us through our ‘Chat’ service using Mobile app or alternatively you can write back to us on Aqua Customer Services, PO Box 173, Sheffield, S98 1JW.

will start drafting my defence, any idea what I put, I’m really not very good at this kind of thing and don’t want to get it wrong.

[echat11]

So far the only correspondence I have received is this via email not post. Thanks for your recent communication regarding query related on your Aqua account ending with and postcode ending

Please be advised that your concern has been referred to our relevant department and they will be in touch with you in due course.

I hope this has answered your query. However, if you should have any further questions, please contact us through our ‘Chat’ service using Mobile app or alternatively you can write back to us on Aqua Customer Services, PO Box 173, Sheffield, S98 1JW.

will start drafting my defence, any idea what I put, I’m really not very good at this kind of thing and don’t want to get it wrong.

You'll be fine. You are addressing the Particular of Claim from the Claim form you received.

e) This is an example defence, amend it carefully to suit the current situation, wait nearer the 23th day (to see what documents you receive). Send a copy to the Court and their solicitors, make sure you get Proof of Postage for both.

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

Once you've done it, post it on the thread, without personal details, I can take look for you.

[ardles]

Hi Is this defence ok? still not heard anything from anyone, and the date on the claim is 15th feb so time is ticking away. Also do I file this online with MCOL, or post?

DEFENCE

1.The Defendant received the claim XXXXXXX from the Northampton County Court on 15^th February 2024.

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 New Day 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 states the agreement was entered into on 11/11/2016.

7.The Claimants statement of case states that the account was assigned from New Day RE Aqua to Cabot, but no date is specified. 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 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 23/02/2024 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11.On the 23/02/2024 The Defendant sent a formal request for a copy of the original agreement to Cabot pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.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.

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.

Statement of Truth

I believe the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ________

[echat11]

Hi Is this defence ok? still not heard anything from anyone, and the date on the claim is 15th feb so time is ticking away. Also do I file this online with MCOL, or post?

DEFENCE

1.The Defendant received the claim XXXXXXX from the Northampton County Court on 15^th February 2024.

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 New Day 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 states the agreement was entered into on 11/11/2016.

7.The Claimants statement of case states that the account was assigned from New Day RE Aqua to Cabot, but no date is specified. 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 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 23/02/2024 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11.On the 23/02/2024 The Defendant sent a formal request for a copy of the original agreement to Cabot pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.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.

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.

Statement of Truth

I believe the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ________

It's fine.

You can file it with the Court through MCOL (you should receive an auto acknowledgement), there's a character limit of 1080.

Send a copy to Mortimer Clarke, make sure you get Proof of Postage.

[ardles]

Thank you so much, I will do this tomorrow, will see if anything arrives in the post today first, and if not then I will send this tomorrow,.