HSBC/Cabot/Mortimer Clarke court papers, credit card debt

[MIKE770]

do not over look things at this time as irrelevant at this stage. get that defence in! you say deadline Monday.

[Rgy3250]

Thanks for all your help, it is greatly appreciated.

The defence has already been submitted online. I was just checking I had worded things ok and hadn’t missed a step. I will check for responses as suggested.

[echat11]

Thank you.

Just wanted to check as I copied the defence wording from this site and deleted the paragraph about 14 about having asked for an extension. I was concerned that I shouldn’t have done this.

Also, paragraph 10 said I should delete as appropriate for what I had requested - either Agreement, Default Notice and/or Notice of Assignment, so I only left in the Agreement as that was what it said on the letter I posted (having been copied from this site). However, should I have also asked for the notice of assignment and default notice too so that I could have looked over these?

Under the ‘statement of truth’, I put that the facts stated in this *defence* are true. Was this correct? I presumed I should put defence but wasn’t sure.

a) Regarding CPR 31.14 send it off anyway, see what they send, although sent after.
Send a SAR request to the creditor, they will send you all the data on the account, 6 year period, they have 30 days. Make sure you get Proof of Postage.

b) Just wanted to check as I copied the defence wording from this site and deleted the paragraph about 14 about having asked for an extension. I was concerned that I shouldn’t have done this.

It's o.k. because you haven't asked for or received an extension.

c) Also, paragraph 10 said I should delete as appropriate for what I had requested - either Agreement, Default Notice and/or Notice of Assignment, so I only left in the Agreement as that was what it said on the letter I posted (having been copied from this site). However, should I have also asked for the notice of assignment and default notice too so that I could have looked over these?

Paragraph 10 deals with your CPR 31.14 request. You can request the documents stated in their Particulars of Claim from the claim form. You can only ask for what they have stated in the Statement of Claim. So send off the CPR 31.14. If Assignment and Default Notice are mentioned ask for those as well.

d) Under the ‘statement of truth’, I put that the facts stated in this *defence* are true. Was this correct? I presumed I should put defence but wasn’t sure.

That's correct.

Here's a good guide.

https://www.judiciary.uk/wp-content/..._in_Person.pdf

[Rgy3250]

echat11 Ah thank you. The CPR 31.14 request was sent off just after receiving my court papers and I had only requested the agreement as that was all they listed on the court claim. At least I know I did this right.

The SAR request has also gone off but I haven’t heard back yet. It looks like it’s just a waiting game now then. I will keep checking the court page for any updates and report back.

Thank you for your help

[echat11]

echat11 Ah thank you. The CPR 31.14 request was sent off just after receiving my court papers and I had only requested the agreement as that was all they listed on the court claim. At least I know I did this right.

The SAR request has also gone off but I haven’t heard back yet. It looks like it’s just a waiting game now then. I will keep checking the court page for any updates and report back.

Thank you for your help

With the SAR, if they don't provide the data after 30 days, send them a follow up request.