Mortimer Clarke Solicitors - claim form ( Northampton Court )

[Aleksandra_w]

I just received letter - Claim Form from County Court Business Centre at Northampton. For my debt That was originally with Capital one then was bought by Cabot Financial. ( Mortimer Clarke solicitors acting on their behalf)

I have requested CCA from Cabot Financial back in October, 5th 2020 received reply letter from Cabot on October, 13th 2020 “currently do not have this information of file, however we request relevant papers from original lender… debt remains temporarily unenforceable”

Shortly after I’ve changed addresses informing at the same time Cabot and other agencies. With one month over lap between my new and old address. Mortimer Solicitors contacted me via email in January, 2021 which I have also updated them with my new address and stated that CCA has been requested from an the original debt owner ( Cabot financial on October, 2020) but still have not received it. Then they reply that this has been passed to relevant team.

Can I send respond back to Court for this claim and back myself up with those documents ( sent request letter to Cabot with prove of postage) and email to Mortimer Solicitors and with their responses. That this was not provided to me in timely manner.

If they in any point obtained the CCA between periods from December 2020 and now, is this debt enforceable? I just cannot remember if I received it in any point in 2021 as I cannot find copy of it.

Not sure how to respond to this claim


Either to acknowledge the debt and give them amount I’m willing to pay each month

Or back myself with documents that CCA was not provided to me in the requested time frame. 12 days and 3 month after the original request letter was sent
if so what shall I include in the defence?




Can I call to Cabot and ask if thy have my CCA on file?



Your help is much appreciated

[MIKE770]

do not speak to them, acknowledge claim tick defend all do it on line. do not remind then outstanding cca etc., they can issue court action as have done but they would have to later supply the documents do not remind them, claim issued so will continue to defend, follow all court instructions.

Acknowledge Claim on line

CPR 31.14 asking for only items on court form CPR 31.14 Request get proof of posting to their solicitor.


keep CCA request you made on file and acknowledgements by them, on file date order and keep updated also on here they will assist you as possible.

[Aleksandra_w]

544FB0CC-06B4-4678-B550-388070137F8C.jpeg Ok, just to clarify. As I have forms:
- Admission ( specified amount) - admitting to all and I need more time or admitting to part of the amount.
- defence and counterclaim - when I wish to dispute all or part of the claim.

So my understanding is what you have suggested is to dispute full amount.
in that case I need to write my defence. And I’m not sure what to write here.
help would be much appreciated.

544FB0CC-06B4-4678-B550-388070137F8C.jpeg

[Aleksandra_w]

AC66CB67-461A-4ACE-BAFA-9A72733CC4EE.jpeg My apologies, I see there is another form.
so what would happen after I post that or fill that online?

[Aleksandra_w]

One more clarification
when I’ll be filling out the CPR 31.14 do I have to address it to Mortimer Solicitors, in terms of CCA request do I make another one or shall I just mentioned about the October 5th 2020?

[MIKE770]

it gives you more time to det defence in (no rush as yet) fill in on line!!!!!!!! code top right use that on the site they refer to. saves time and paperwork = defend all = ( remember no admittance by you)

[MIKE770]

no cca request that is their problem do not remind them. or if listed ask for documents they are relying on no names .
CPR31.14 just ask for documents as listed in the court form .

[Aleksandra_w]

Thank you mike770,
Just to clarify and my apologies that I’m going over this again as I want to be sure.
so I’ll fill out the online acknowledgment of service =option 1- defend all.
Same time I’m sending CPR31.14 just ask for documents as listed in the court form addressing to Mortimer Clarke solicitors ( no mention about CCA)


can you please clarify “remember no admittance by you”

[MIKE770]

Do not state in anyway my CCA 1974 or state my debt etc etc if you get what I mean? or say "The debt I owe you!"

[Aleksandra_w]

Ohh yes, absolutely I understand what you mean. Thank you for actually mentioning that. It is a vital information.
appreciate your advice and prompt reply.

[Aleksandra_w]

Hi, I’m filling out the CPR31.14 and I’m not sure what date shall I put here:

“To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence onxx/xx/xxxx”

will be dating this letter 26/01/2022.

your assistance is much appreciated

[MIKE770]

Today's date ask only the staed items on court form

[Aleksandra_w]

Forgot to mentioned that their letter is dated 20/01/2022

[Aleksandra_w]

Sorry can you clarify,
the statement below is when I will have to present my defence by, is that correct?

“To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence onxx/xx/xxxx”

ao if the CC claim form is dated 20/01/2022 they gave me 14 days so that gives us 3/02/2022 and I should ad an extra 14 days to this which is 17/02/2022.

ao in the place of xxxxx I should put 17/02/2022? Is that correct ?

[MIKE770]

First Steps
Check dates

This is the acknowledgment of service. Say Yes, I need an extra 14 days and make a note of the date you need to respond by. When you have submitted this form it will send both yourself and the Claimant an email to confirm the new deadline. It also confirms to the Claimant and the court that you have received the claim.