Mortimer Clarke acting for Cabot re JD Williams RE SIMPLY BE Court Claim

[Greenorwhite]

Hi, I was wondering if I can ask for some assistance or guidance.
My wife received a Court Claim form last week from Mortimer Clarke Solicitors last week for a JD Williams account allegedly opened roughly three years ago.

Previous to that there was a letter from Mortimer Clarke just over a month ago saying a claim would be issued if they weren’t contacted before 12 September. We thought that related to a JD Williams account from around 15 years ago so ignored it thinking it was statute barred, but apparently not, they are saying it was opened three years ago. My wife genuinely does not remember opening this.

She has sent the Acknowledgement of Service (via MoneyClaim online) saying she intends to defend all of the claim.

My wife doesn’t work. She gets Universal Credit, PIP (higher rate) and child benefit. I work. My wages pay the majority of bills.

What would be her options here? I think we would like to see proof it is actually her account, and if so is it still an option to negotiate with Mortimer Clarke? Or are we going to court and getting a CCJ?
Would my earnings need to be declared?

Your help will be appreciated.

Received a claim? Yes/No: Yes
Issue Date: 22 September 2025
Have you Acknowledged the Claim?: Yes. Online 02 October 2025
Total Amount Claimed : £500
Claimant’s Name: Cabot Financial (UK) Ltd
Solicitors Firm: Mortimer Clarke Solicitors Ltd
Original Creditor: JD Williams RE SIMPLY BE
Original Debt (eg. Credit card/Loan/Overdraft) : Catalogue
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): by an agreement between JD Williams RE SIMPLY BE & the Defendant dated xx/xx/xxxx (‘the agreement) JD Williams RE SIMPLY BE agreed to issue the Defendant with a credit account. The Defendant failed to make the minimum amounts due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot 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 he Claimant. The named Claimant may be entitled to interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a. from 14/10/2024 until date of issue only, or alternatively such interest as the Court thinks fit. THE NAMED CLAIMAINT THEREFORE CLAIMS 1. XXX.XX 2. Interest of xx.xx 3. 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 ): None yet, just the Acknowledgement of Service online.
Any Other Information or Background Details:

[echat11]

Hi GreenorWhite

Welcome to LB

a) First Acknowledge the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence - Your wife has done this, carry on with the steps below.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to J D Williams, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

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

c) Send a CCA request to Cabot Financial (UK) Ltd, they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

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

d) Send a CPR 31.14 request to Mortimer Clarke Solicitors Ltd, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

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

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

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

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[Greenorwhite]

Thank you Echat11, I will do that and update when I receive replies.

[echat11]

Thank you Echat11, I will do that and update when I receive replies.

Firstly try not to worry, you have more control then you think.

What would be her options here?

You can Defend the claim, ensure they have the correct documents, credit agreement, Default Notice and Letter of Assignment.
At some point you will have Mediation (try to settle the claim ). You can write 'Without Prejudice' letters with Offers to settle the Debt.
You could arrange to make monthly payments, fill in an income and expenditure form, remember there is a 'cost of
living crisis', give yourself some 'leeway', a Court would only ever ask you to pay what you can afford, so if it's £1 a month so
be it.

I think we would like to see proof it is actually her account, and if so is it still an option to negotiate with Mortimer Clarke?

Absolutely, but see what documents they send first.

Or are we going to court and getting a CCJ?

In order for you to get a CCJ, you have to ignore a Judgement from the Court. You are a long way off that.

Would my earnings need to be declared?

No, it's not your debt.

Post on the thread before you do any of those.

[Greenorwhite]

Thank you, that is very reassuring.

[Greenorwhite]

Hi Echat11, here's an update on the latest developments:

A SAR request was sent by email to JD Williams Data Protection and Privacy Office on 6 October.
CPR and CCA letters were sent by post on 6 October to Cabot and Mortimer Clarke as advised. Proof of purchase was obtained for both.

- JD Williams - an email reply from JD Williams was received on 10 October advising the request will be processed and they expect to give a response no later than 6 November 2025. If for any reason they need more time they will send a response within one month of the date of receipt of the request, explain why an extension will be necessary, and will provide a new date.

- Cabot - no reply received yet

- Mortimer Clarke - On 16 October a reply was received by post which said the following:
--------------------------
Re: Cabot Financial (UK) Ltd
And: xxxxx xxxxx
Ref: xxxxxxxx
Claim No: xxxxxxxxxxx

Consumer Credit Act 1974 Request

We’ve received your request under Section 77-79 of the Consumer Credit Act 1974. We’ve also received your request under CPR 31.14.

We don’t hold the documents so we’ve asked Cabot Financial (UK) Limited for them.

Cabot Financial (UK) Limited might have to ask the original creditor for these but we’ll keep you updated.

We’ve put your account on hold while we wait.

You can call us on 0333 1214454 so w can discuss your current financial circumstances. Our office is open 8:00am to 8:00pm Monday to Friday and 9.00am to 1.00pm on Saturdays. By setting up an affordable payment plan you can be free of this debt quicker.

Yours faithfully

Mortimer Clarke Solicitors.
------------------

The Claim pack issue date was 22 September 2025.
The Acknowledgement of Service was submitted and received on 2 October 2025.

Can you please advise what is next? Do we wait for Mortimer Clarke or Cabot to reply?

Presumably the defense submission date is 25 October, ie 28 days after the 5th day following the Claim issue date?

Thanks.

[echat11]

Ideally you want to get your Defence in within 28 days.

But what you could do is send Mortimer Clarke Solicitors an email stating that you are
allowing them further time to provide the requested documentation as allowed under CPR 15.5,
and that they agree that your Defence can be filed with the Courts within 14 days once the
documentation has been received. See what they provide to back up their claim.

[Greenorwhite]

Thank you, would I need to then update the moneyclaim to say the same or would Mortimer Clarke advise them they have agreed an extension?

[echat11]

Thank you, would I need to then update the moneyclaim to say the same or would Mortimer Clarke advise them they have agreed an extension?

You can copy in the Court to your request. But follow up on the confirmation for the request, if you don't hear anything.

[Greenorwhite]

You can copy in the Court to your request. But follow up on the confirmation for the request, if you don't hear anything.

Hi Echat11

We sent Mortimer Clarke an email on Monday 20th October allowing their request for additional time and asked for confirmation of their agreement for the Defense to be filed within 14 days of them supplying the documentation as suggested.
We sent a chaser email on Wednesday 22nd October, but so far have not received anything other than a standard auto-acknowledgement.
We've heard nothing from Cabot Financial about the CCA request posted to them on 6th October.
We've not received any information from JD Williams about the SAR request sent by email on 6th October apart from them saying they'll get back within 30 days.

The 28 days for Defense is up on Saturday 25 October.

I take it our next step now is to submit the defense tomorrow Friday 24th October to say we have not received any documentation to enable us to properly defend the case - or would you suggest some other wording?

Many thanks again.

[echat11]

Hi Echat11

We sent Mortimer Clarke an email on Monday 20th October allowing their request for additional time and asked for confirmation of their agreement for the Defense to be filed within 14 days of them supplying the documentation as suggested.
We sent a chaser email on Wednesday 22nd October, but so far have not received anything other than a standard auto-acknowledgement.
We've heard nothing from Cabot Financial about the CCA request posted to them on 6th October.
We've not received any information from JD Williams about the SAR request sent by email on 6th October apart from them saying they'll get back within 30 days.

The 28 days for Defense is up on Saturday 25 October.

I take it our next step now is to submit the defense tomorrow Friday 24th October to say we have not received any documentation to enable us to properly defend the case - or would you suggest some other wording?

Many thanks again.

Yes, best to file your Defence. Do your Defence (e), copy and paste it back to this thread, without personal details.
I'll run through it. You can then file it with the Court via MCOL.

[Greenorwhite]

Hi Echat11, would something like this be appropriate?

Ref: xxxxxxxx
Claim No: xxxxxxxxxxx
On 2 October 2025 I filed my Acknowledgement of Service saying I intend to Defend this claim in full.

A CPR 31.14 request was sent to the Claimant’s solicitors, Mortimer Clarke, on 6th October. They replied on 16th October to confirm they don’t hold the documents and have asked Cabot Financial (UK) Limited for them. They have said they have ‘put your account’ on hold while we wait.
I emailed Mortimer Clarke on Monday 20th October allowing their request for additional time and asked for confirmation of their agreement for the Defense to be filed within 14 days of them supplying the documentation.

A chaser email was sent to Mortimer Clarke on 22^nd October asking for a response but have received no reply.

A CCA request was sent to the Claimant on 6^th October 2025. No response has been received.

In addition a SAR request was emailed to the original creditor on 6^th October. An email reply from JD Williams was received on 10^th October advising the request will be processed and they expect to give a response no later than 6^th November 2025. No documentation has since been received.

As you can see I have been pro-active in trying to obtain the documentation to which the Claimant relies on and for which I am reliant on in order to prepare my Defense fully.
Without this documentation the Claimant has no case to present.

[echat11]

Hi Echat11, would something like this be appropriate?

Ref: xxxxxxxx
Claim No: xxxxxxxxxxx
On 2 October 2025 I filed my Acknowledgement of Service saying I intend to Defend this claim in full.

A CPR 31.14 request was sent to the Claimant’s solicitors, Mortimer Clarke, on 6th October. They replied on 16th October to confirm they don’t hold the documents and have asked Cabot Financial (UK) Limited for them. They have said they have ‘put your account’ on hold while we wait.
I emailed Mortimer Clarke on Monday 20th October allowing their request for additional time and asked for confirmation of their agreement for the Defense to be filed within 14 days of them supplying the documentation.

A chaser email was sent to Mortimer Clarke on 22^nd October asking for a response but have received no reply.

A CCA request was sent to the Claimant on 6^th October 2025. No response has been received.

In addition a SAR request was emailed to the original creditor on 6^th October. An email reply from JD Williams was received on 10^th October advising the request will be processed and they expect to give a response no later than 6^th November 2025. No documentation has since been received.

As you can see I have been pro-active in trying to obtain the documentation to which the Claimant relies on and for which I am reliant on in order to prepare my Defense fully.
Without this documentation the Claimant has no case to present.

No, the following is what you need to do, it's straightforward.

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

[Greenorwhite]

Ah ok thanks. I've copied the defence below.
Would this be ok and
- in para 13. - The CCA letter to Cabot(claimant) quoted 'Sections 77-79'. Should we include both s77(1)/s78(1) and s77(4)/s78(6) as written in 13.
- in para 14 - Mortimer Clarke haven't proactively declined - they've just not answered.

Thanks in advance

In the [Northampton County Court Business Centre]
Claim No: [XXXXX]
Cabot Financial (UK) Ltd
Claimant
And
Xxxx xxxxxx
Defendant
DEFENCE

1.The Defendant received the claim [Claim Number] from the Northampton County Court on 26 September 2025
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 Catalogue Account agreement regulated under the Consumer Credit Act 1974.
4.It is admitted that the Defendant has previously entered into an agreement with JD Wlliams RE SIMPLY BE 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 states the agreement was entered into on xx/xx/xxxx

7.[The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years]

8.The Claimants statement of case states that the account was assigned from JD Williams RE SIMPLY BE to Cabot Financial (UK) Limited. The Defendant does not recall receiving notice of this assignment.
9.It is denied that JD Williams RE SIMPLY BE 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.

10.On the 6^th October 2025 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 Solicitors Ltd. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
11. Mortimer Clarke Solicitors Ltd has not sent any of these documents to the Defendant.

12.On the 6^th October 2025 The Defendant sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.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.

14. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

15.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.
16.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.
17.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.
18.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth
I believe that the facts stated in this Defence document 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]

Read through it, if you are happy, then you can lodge it with the Court via MCOL.


1.The Defendant received the claim XXXXXXXXXX from the Northampton County Court on 22 September 2025.

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 Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with JD Wlliams RE SIMPLY BE 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 states the agreement was entered into on xx/xx/xxxx

7.The Claimants statement of case states that the account was assigned from JD Williams RE SIMPLY BE to Cabot Financial (UK) Limited. The Defendant does not recall receiving notice of this assignment.

8.It is denied that JD Williams RE SIMPLY BE 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 6^th October 2025 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 Solicitors Ltd. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11.On the 6^th October 2025 The Defendant sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to sections 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. The Defendant has asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have not responded.

14.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.

15.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.

16.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.

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

Statement of Truth

I believe that the facts stated in this Defence document 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 ________________________________