Mortimer Clarke/Cabot claim.

[Davies84uk]

Hi all I'm after some advice and would really appreciate your help if possible.

I recently received a County Court claim from Mortimer Clarke on behalf of Cabot Financial.

I Acknowledged the request and sent off a CCA request to Cabot along with a CPR 31.14 to Mortimer.

I have received a letter from Mortimer acknowledging my request and they have granted me a 28 day extension to file my defence.

However, thru have stated that I must let the court know about this agreement as explained in civil procedure rule 15.5

How would i go about notifying the court?

Tia

[echat11]

Hi Davie

You really need to give us all the details regards claim etc.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:


When you file your Defence within the initial 14 days + 14 days (5 days postal), part of your Defence is that the Creditor has granted you a 28 day extension. See point 14 in the 'example Defence below'

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

[Davies84uk]

Hi thanks for the reply. I will post all the details tomorrow. Thank you

[Davies84uk]

Received a claim? Yes
Issue Date: 28th April 2022
Have you Acknowledged the Claim? Yes
Total Amount Claimed : £2700
Claimant’s Name: Cabot Financial
Solicitors Firm: Mortimer Clarke
Original Creditor: J D Williams
Original Debt Catalogue
Particulars of Claim: By an agreement between JD Williams & The defendant. 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 claimant. The claimant therefore claims 1. £2700 2. Costs
Is the debt Statute Barred: No
List any letters you have sent CCA & CPR 31.14
Any Other Information or Background Details:

[echat11]

Received a claim? Yes
Issue Date: 28th April 2022
Have you Acknowledged the Claim? Yes
Total Amount Claimed : £2700
Claimant’s Name: Cabot Financial
Solicitors Firm: Mortimer Clarke
Original Creditor: J D Williams
Original Debt Catalogue
Particulars of Claim: By an agreement between JD Williams & The defendant. 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 claimant. The claimant therefore claims 1. £2700 2. Costs
Is the debt Statute Barred: No
List any letters you have sent CCA & CPR 31.14
Any Other Information or Background Details:

So you need to complete your defence by the 26th May, in the defence you have the option to state that they have extended the deadline.

[Davies84uk]

Ok great thank you. You I just lay out my defence like the one in the link? Sorry its not something I've done before.

[echat11]

Ok great thank you. You I just lay out my defence like the one in the link? Sorry its not something I've done before.

Yes, but it needs to be done 'diligently'. So do it, leave it for a few hours and then read it again, you will spot any errors. If you have any questions ask.

When was the account opened? Also any 'background details'?

[Davies84uk]

I believe it was back in 2018 it was opened I'd completely forgot about it if I'm honest. It's my own fault really. Ultimately I'm going to have to pay it but would need to setup a payment plan. With th3 defense what parts would I need to chnage minus the obvious, for my case. Thanks

[echat11]

I believe it was back in 2018 it was opened I'd completely forgot about it if I'm honest. It's my own fault really. Ultimately I'm going to have to pay it but would need to setup a payment plan. With th3 defense what parts would I need to chnage minus the obvious, for my case. Thanks

Copy / paste your defence on the thread, once you've done it, replace all personal details with XXXXXXXX, I can check it for you. You have an opportunity to get it to Mediation (which is free), negotiate with them, get them to remove charges, interest etc. So you are back in control.

[Davies84uk]

Hi really appreciate you taking your time to help me with this. I have attempted to layout my defence however got a little confused with section 14 they did send me a letter granting me 28 days extension. Also confused about the statement of truth. Do I keep that in there if so how do i word it. Thanks

In the [Northampton County Court Business Centre]
Claim No: [XXXXX]
Cabot financial
Claimant
And
Xxxxx
Defendant
DEFENCE
1.The Defendant received the claim xxxxxx from the Northampton County Court on 03/05/2022

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 Original Creditor 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 11/04/2019

8.The Claimants statement of case states that the account was assigned from JD Williams to Cabot Financial on 28/07/2021 . The Defendant does not recall receiving notice of this assignment.

9.It is denied that JD Williams 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 03/05/2022 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 I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment].

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

12.On the 03/05/2022 The Defendant sent a formal request for a copy of the original agreement to Cabot Financial pursuant to section [77 or 78] 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 Claimant 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][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 need to look at points 6 and 7 again.

In post 4 on this thread, under Particulars of Claim, I don't see the information that you have put in your Defence i.e. the dates.
Only state the dates if they have included them in the Particulars of Claim, otherwise amend again.

'Particulars of Claim: By an agreement between JD Williams & The defendant. 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 claimant. The claimant therefore claims 1. £2700 2. Costs'

Well done on the rest of it, I've amended a few bits.

DEFENCE
1.The Defendant received the claim xxxxxx from the Northampton County Court on 03/05/2022

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 Original Creditor 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 11/04/2019****

7.****The Claimants statement of case states that the account was assigned from JD Williams to Cabot Financial on 28/07/2021 . The Defendant does not recall receiving notice of this assignment.****

8.It is denied that JD Williams 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 03/05/2022 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 I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11.On the 03/05/2022 The Defendant sent a formal request for a copy of the original agreement to Cabot Financial 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 Claimant 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.

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 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 ________________________________

[Davies84uk]

Hi point 6 on the claim form it states under Particulars if claim

"By an agreement between JD Willams and the Defendant dated 11/04/2019 ('the agreement') J D Williams agreed to issue the Defendant with a credit account. 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 Claimant. The Claimant therefore claims 1. £2700 2. Costs

Due I include all this ynder point 6?

With regards to point 7 I'm completely confused sorry I can't find anywhere on the claim for about the Claimants statement of case

[echat11]

a) point 6 on the claim form it states under Particulars if claim

So there is a date in the PoC, so you've got point 6 spot on.

"By an agreement between JD Willams and the Defendant dated 11/04/2019 ('the agreement') J D Williams agreed to issue the Defendant with a credit account. 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 Claimant. The Claimant therefore claims 1. £2700 2. Costs

b) Due I include all this ynder point 6?

No

c) With regards to point 7 I'm completely confused sorry I can't find anywhere on the claim for about the Claimants statement of case

The Statement of Case is the same as the Particular of claim. There is no mention of 28/07/21, so you need to amend that, if the 28/07/21 doesn't appear in the Statement of Case / Particular of Claim.

[Davies84uk]

Awesome really appreciate this. So can you confirm the below is correct? Also under statement of truth it states to sign and date. If I'm going to submit my defence only is the sign bit need or do I print it off sign it and then scan it? Thanks

DEFENCE
1.The Defendant received the claim xxxxxx from the Northampton County Court on 03/05/2022

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 Original Creditor 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 11/04/2019

7. The Claimants statement of case states that the account was assigned from JD Williams to Cabot Financial. The Defendant does not recall receiving notice of this assignment.

8.It is denied that JD Williams 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 03/05/2022 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 I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11.On the 03/05/2022 The Defendant sent a formal request for a copy of the original agreement to Cabot Financial 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 Claimant 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.

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 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]

That's fine.

a) If I'm going to submit my defence only is the sign bit need or do I print it off sign it and then scan it?

You can submit your defence online, you are defending the whole claim.

b) But also print off a copy and send that to the claimants solicitors, make sure you get Proof of Postage.