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

[Greenorwhite]

Many thanks Echat11

We've just logged in to MCOL to lodge the defence and there is no option to do so.
Instead halfway down under Available Options it has this message:
Available options
A bar has been put in place on this claim. You cannot respond to the claim at this time.

Does this mean we have missed our window for defending, or would it mean the courts have placed it on hold following our emailed agreement to Mortimer Clarke for their extra time? We had cc'd the courts to that email and the chaser.


In the 'History' panel it has this:
A claim was issued against you on 22/09/2025
Your acknowledgment of service was submitted on 02/10/2025 at 13:11:20
Your acknowledgment of service was received on 02/10/2025 at 16:05:07

[Greenorwhite]

Just further to the previous update.
We have printed off the defence, signed it, pdf'd it, attached to an email and sent to both caseprogression.cnbc@justice.gov.uk and claimresponses.cnbc@justice.gov.uk
Their phone line closes at 4pm on Fridays and reopens 9am Monday.

As the last day for submitting is tomorrow we thought it best to get it sent today.

Unless of course Mortimer Clarke have put the Claim on hold while they try to retrieve the relevant documents.

[echat11]

Just further to the previous update.
We have printed off the defence, signed it, pdf'd it, attached to an email and sent to both caseprogression.cnbc@justice.gov.uk and claimresponses.cnbc@justice.gov.uk
Their phone line closes at 4pm on Fridays and reopens 9am Monday.

As the last day for submitting is tomorrow we thought it best to get it sent today.

Unless of course Mortimer Clarke have put the Claim on hold while they try to retrieve the relevant documents.

It should be fine, they've (Mortimer Clark) put the account on hold until the 6th November.

[Greenorwhite]

It should be fine, they've (Mortimer Clark) put the account on hold until the 6th November.

I haven't posted much more on this so far as there hasn't really been any updates. However we received a letter from Mortimer Clark recently which reads as follows:

.............
Consumer Credit Act 1974 Request

We're still waiting for documents.

We haven't got the information you've requested but if we get this later, we'll send it to you.

Your account is currently unenforceable. This means Cabot Financial (UK) Limited isn't allowed to obtain a County Court Judgement against you.

We've put your account on hold and no further action will be taken.

Whilst Cabot Financial (UK) Limited can't take legal action until we can send you documents, you still owe £xxx

You can call us on xxxxxxxxx etc
................

[echat11]

Update if they provide documents.

[Greenorwhite]

Update if they provide documents.

will do

[Greenorwhite]

Hi Echat11

We received a reply from Mortimer Clarke dated 8 April 2026 which says it is a copy of a letter sent 1st April 2026 - content is as follows:

Consumer Credit Act 1974 Request - Section 78 request

We write further to your request for documentation under Section 78 of the Consumer Credit Act 1974 on relation to your Mail Order agreement.

Please find enclosed:

• A reconstituted credit agreement
• A Statement of account from the original creditor
• A Screenshot showing default notice sent
• A Notice of assignment
• A signed statement of account on behalf of the Claimant

JD Williams RE SIMPLY BE is not able to provide a copy of the original credit agreement. However, please find enclosed a reconstituted copy of the credit agreement. Please note that under the Financial Conduct Authority's Consumer Credit sourcebook at rule 13.1.4, a firm is able to reconstitute a copy of the agreement, and there is no obligation to provide a copy of the signature, This was also confirmed in the case of Carey v HSBC Bank plc (2009) EWHC 3417.

The documentation provided satisfies the requirements of Sections 77-79 of the Consumer Credit Act 1974 Act and that agreement is enforceable.
Furthermore, the documentation substantiates that you entered into the Agreement, failed to maintain payments, and that the Agreement was subsequently assigned to our client. It further confirms that the balance remained outstanding at the time of assignment and that no repayment has been made to date.

Based on the information provided, your current defence does not appear to disclose a valid basis to contest the claim. However, our client remains willing to engage constructively to resolve the matter

*****
The letter concludes with a paragraph saying the balance currently stands at xxxxx inclusive of interest and recovery costs, please contact us etc. If you do not contact us, we will refer to our client for further instruction.

1. Is a reconstituted credit agreement sufficient for enforcement? It included name, address and initial credit limit, but had no dates or signature
2. The 'screenshot showing default notice sent' was simply that, a screen-shot of a spreadsheet showing the entries for 'ref', letter_code, letter_desc, and 'Date_Letter_Processed'. There was no actual copy of a default notice.
3. There wasn't any document titled 'notice of assignment' nor was there a separate signed statement of account on behalf of the Claimant. However there was a copy of a letter from Cabot dated October 2024 which said they (Cabot) bought the account from JD Williams and have asked Wescot to manage the account.. There was an unsigned letter purporting to be from JD Williams saying they sold the account to Cabot...and the outstanding balance as ad xxx date was xxxx.
4. We haven't yet checked MCOL to see if that has been changed.

The letter from Mortimer Clarke doesn't have a 'reply by' date so we are just wondering what you might suggest or advise?

many thanks.

[Greenorwhite]

Hi Echat11
Just wondering if you had a chance to look at the above update?

Many thanks

[echat11]

Hi Echat11

We received a reply from Mortimer Clarke dated 8 April 2026 which says it is a copy of a letter sent 1st April 2026 - content is as follows:

Consumer Credit Act 1974 Request - Section 78 request

We write further to your request for documentation under Section 78 of the Consumer Credit Act 1974 on relation to your Mail Order agreement.

Please find enclosed:

• A reconstituted credit agreement
• A Statement of account from the original creditor
• A Screenshot showing default notice sent
• A Notice of assignment
• A signed statement of account on behalf of the Claimant

JD Williams RE SIMPLY BE is not able to provide a copy of the original credit agreement. However, please find enclosed a reconstituted copy of the credit agreement. Please note that under the Financial Conduct Authority's Consumer Credit sourcebook at rule 13.1.4, a firm is able to reconstitute a copy of the agreement, and there is no obligation to provide a copy of the signature, This was also confirmed in the case of Carey v HSBC Bank plc (2009) EWHC 3417.

The documentation provided satisfies the requirements of Sections 77-79 of the Consumer Credit Act 1974 Act and that agreement is enforceable.
Furthermore, the documentation substantiates that you entered into the Agreement, failed to maintain payments, and that the Agreement was subsequently assigned to our client. It further confirms that the balance remained outstanding at the time of assignment and that no repayment has been made to date.

Based on the information provided, your current defence does not appear to disclose a valid basis to contest the claim. However, our client remains willing to engage constructively to resolve the matter

*****
The letter concludes with a paragraph saying the balance currently stands at xxxxx inclusive of interest and recovery costs, please contact us etc. If you do not contact us, we will refer to our client for further instruction.

1. Is a reconstituted credit agreement sufficient for enforcement? It included name, address and initial credit limit, but had no dates or signature
2. The 'screenshot showing default notice sent' was simply that, a screen-shot of a spreadsheet showing the entries for 'ref', letter_code, letter_desc, and 'Date_Letter_Processed'. There was no actual copy of a default notice.
3. There wasn't any document titled 'notice of assignment' nor was there a separate signed statement of account on behalf of the Claimant. However there was a copy of a letter from Cabot dated October 2024 which said they (Cabot) bought the account from JD Williams and have asked Wescot to manage the account.. There was an unsigned letter purporting to be from JD Williams saying they sold the account to Cabot...and the outstanding balance as ad xxx date was xxxx.
4. We haven't yet checked MCOL to see if that has been changed.

The letter from Mortimer Clarke doesn't have a 'reply by' date so we are just wondering what you might suggest or advise?

many thanks.

1. Is a reconstituted credit agreement sufficient for enforcement? It included name, address and initial credit limit, but had no dates or signature

Yes it's sufficient, but it still has to have some terms on it. They could send anything, so you need to check it. That goes for all the documents they've sent.

1. The 'screenshot showing default notice sent' was simply that, a screen-shot of a spreadsheet showing the entries for 'ref', letter_code, letter_desc, and 'Date_Letter_Processed'. There was no actual copy of a default notice.

Some Courts have accepted that because it recorded as being sent means it's been sent. But your Defence is that you didn't receive a copy then or now.

1. There wasn't any document titled 'notice of assignment' nor was there a separate signed statement of account on behalf of the Claimant. However there was a copy of a letter from Cabot dated October 2024 which said they (Cabot) bought the account from JD Williams and have asked Wescot to manage the account.. There was an unsigned letter purporting to be from JD Williams saying they sold the account to Cabot...and the outstanding balance as ad xxx date was xxxx.

They would be letters of assignment, but again they need have the correct info on them.

We haven't yet checked MCOL to see if that has been changed.The letter from Mortimer Clarke doesn't have a 'reply by' date so we are just wondering what you might suggest or advise?

Have they provided Terms and Conditions?

Have they provided Terms and Conditions when they've changed any of the Prescribed Terms?

[Greenorwhite]

1. Is a reconstituted credit agreement sufficient for enforcement? It included name, address and initial credit limit, but had no dates or signature

Yes it's sufficient, but it still has to have some terms on it. They could send anything, so you need to check it. That goes for all the documents they've sent.

1. The 'screenshot showing default notice sent' was simply that, a screen-shot of a spreadsheet showing the entries for 'ref', letter_code, letter_desc, and 'Date_Letter_Processed'. There was no actual copy of a default notice.

Some Courts have accepted that because it recorded as being sent means it's been sent. But your Defence is that you didn't receive a copy then or now.

1. There wasn't any document titled 'notice of assignment' nor was there a separate signed statement of account on behalf of the Claimant. However there was a copy of a letter from Cabot dated October 2024 which said they (Cabot) bought the account from JD Williams and have asked Wescot to manage the account.. There was an unsigned letter purporting to be from JD Williams saying they sold the account to Cabot...and the outstanding balance as ad xxx date was xxxx.

They would be letters of assignment, but again they need have the correct info on them.

We haven't yet checked MCOL to see if that has been changed.The letter from Mortimer Clarke doesn't have a 'reply by' date so we are just wondering what you might suggest or advise?

Have they provided Terms and Conditions?

Have they provided Terms and Conditions when they've changed any of the Prescribed Terms?

[/LIST]They would be letters of assignment, but again they need have the correct info on them.
How would we know what is the correct info? What can that be checked against?

Have they provided Terms and Conditions?

Have they provided Terms and Conditions when they've changed any of the Prescribed Terms?
There were Ts and Cs included in the reconstituted agreement but again without sight of an original document how would we know if they are correct?