Mortimer Clarke/Cabot Court Claim

[Hopefully19]

Hi everyone,

My wife has had a claim form for the following and is so upset/stressed with it - that I've basically took it on to try and help get sorted. I know from previous experience this is the place to ask as I've been helped before by some amazing folks.

I've done the following bit to get organised -

Received a claim? Yes/No: Yes
Issue Date: 17 NOV 25
Have you Acknowledged the Claim?: Yes, via online
Total Amount Claimed : £2000
Claimant’s Name: Cabot Financial
Solicitors Firm: Mortimer Clarke
Original Creditor: Yorkshire Bank
Original Debt Credit Card

Particulars of Claim: By an agreement between Yorkshire Bank & the defendant on/around 08/06/2007 ('the agreement') Yorkshire Bank 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. 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 the Claimant. THE NAMED CLAIMANT THEREFORE CLAIMS xxxxxxx 2. Costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): My wife made token payments of £1 per month until she thinks 2022. I can confirm when checked properly.

List any letters you have sent (eg: CCA/ CPR ): Sending today - CCA, CPR (with copy of CCA as advised), SAR.

Any Other Information or Background Details:


Not sure what to do now, but in advance of any help - I greatly appreciate everyone helping on here. Many thanks

[echat11]

Hi Hopefully19

Welcome to LB

Try not to worry, post a message on Saturday13th December, you can get Defence prepared / lodged with the Court.

I think you mean, you'll ask for a copy of CCA? 'CPR (with copy of CCA as advised)'

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 - You've done this.

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

b) Send a SAR request to Original Creditor, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage. - You've done this.

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

c) Send a CCA request to the Claimant, they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.- You've done this.

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

d) Send a CPR 31.14 request to their solicitors, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage. - You've done this.

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 (5 days postal). If you can post on the thread 5 days before it's due we can help with your Defence.

[Hopefully19]

Thankyou ECHATT11 much appreciated, yes that's what I meant - I enclosed a copy of the CCA request with the CPR31.14 request I sent to MortyClark as advised (if I read that correctly.)
I'll go through the defence then and post an update on Sat 13th December if thats correct.

Thank you very much for responding, cheers

[echat11]

Thankyou ECHATT11 much appreciated, yes that's what I meant - I enclosed a copy of the CCA request with the CPR31.14 request I sent to MortyClark as advised (if I read that correctly.)
I'll go through the defence then and post an update on Sat 13th December if thats correct.

Thank you very much for responding, cheers

That's great 'I enclosed a copy of the CCA request with the CPR31.14 request'.

Have a go at the Defence, then copy / paste on this thread, then I can go through it. Then you can lodge it with the Court via MCOL.

[Hopefully19]

Hi ECHATT11,
I've gone through the defence. I haven't received any comms or reply yet from them - but it was only 11/12 when I sent off the paper work. So for the original section 14 (I've changed to 13 - as have removed the statute barred section) as below at this point - I wouldn't be able to say they've declined or that they've agreed to an extension and have failed to do so. If I hear nothing back do I just say "they have failed to respond"?

This is the area I mean -

13. 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.]

I think the rest is accurate bar actual details, but let me know what you think of it.
Thanks so much for your time and help, Cheers.




The below is my defence minus particulars -


In the CIVIL NATIONAL BUSINESS CENTRE

Claim No: XXXXXXXXXX

Claimant - CABOT VULTURES And Defendant – MYSELF


DEFENCE

1. The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on [Date you received the claim]

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 previously entered into an agreement with YORKSHIRE BANK 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 or around xx/xx/xxxx.

7. The Claimants statement of case states that the account was assigned from Yorkshire Bank to CABOT FINANCIAL (UK LTD) but has not provided a date for this claimed assignment. ( THEY HAVE NOT SPECIFIED A DATE????]. The Defendant does not recall receiving notice of this assignment.

8. It is denied that YORKSHIRE BANK 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 11/12/2025 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 LIMITED. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10. MORTIMER CLARKE SOLICITORS LIMITED has not sent any of these documents to the Defendant.

11. On the 11/12/2025 The Defendant sent a formal request for a copy of the original agreement to CABOT VULTURES 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. 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. [I haven't receieved any documents as of yet or any communications agreeing to or declining an extension of time etc??????????]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][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands 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]

You could ask the Creditor to extend the time to lodge your Defence after they provide the requested documents or you could lodge your Defence via MCOL.
Read through it to make sure your happy with it.

In the CIVIL NATIONAL BUSINESS CENTRE

Claim No: XXXXXXXXXX

Claimant - CABOT

And

Defendant – XXXXXXX

DEFENCE

1. The Defendant received the claim XXXXXXXXX from the Northampton or Salford County Court on XX/XX/XXXX.

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 previously entered into an agreement with YORKSHIRE BANK 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 or around xx/xx/xxxx.

7. The Claimants statement of case states that the account was assigned from Yorkshire Bank to CABOT FINANCIAL (UK LTD) but has not provided a date for this claimed assignment.
The Defendant does not recall receiving notice of this assignment.

8. It is denied that YORKSHIRE BANK 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 11/12/2025 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 LIMITED. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10. MORTIMER CLARKE SOLICITORS LIMITED has not sent any of these documents to the Defendant.

11. On the 11/12/2025 The Defendant sent a formal request for a copy of the original agreement to CABOT FINANCIAL (UK LTD) 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 ________________________________

[Hopefully19]

Sorry, just realised it didn't organise the numbering of my points properly when I pasted it to the post!

Right ok, that makes sense yes. I will lodge the defence on this basis now then, as I'm unsure what my next steps would have to be if they do send me the required documents?
I understand you can't tell me/advise me of what to do, but do you agree it seems logical to just submit this defence at this point regardless?
Is there a specific day I should submit it on?

Thank you ECHATT11

[echat11]

Sorry, just realised it didn't organise the numbering of my points properly when I pasted it to the post!

Right ok, that makes sense yes. I will lodge the defence on this basis now then, as I'm unsure what my next steps would have to be if they do send me the required documents?
I understand you can't tell me/advise me of what to do, but do you agree it seems logical to just submit this defence at this point regardless?
Is there a specific day I should submit it on?

Thank you ECHATT11

Update the thread when you get the requested documents or anything else through.
When you receive the documentation go through it, look for anomalies, the Court should write to
you stating that if the Claimant doesn't respond to your Defence within 28 days the case is stayed.
The Defence is done, up to you to lodge it with the Court.

[Hopefully19]

Thank you, will lodge defence and wait for response then. Cheers

[Hopefully19]

Hi,
I've had no reply or communications at all, its past 28 days now, what should I do? Nothing appeared on the claim portal either. Thanks

[echat11]

Post 8.