Court Claim Form Received - Cabot/Mortimer Clarke - First Steps help please...

[beaglepup]

Received a claim? Yes/No: Yes
Issue Date: 12 Apr 2023
Have you Acknowledged the Claim?: Yes, via post
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £1500
Claimant’s Name: Cabot Financial
Solicitors Firm: Mortimer Clarke
Original Creditor: Next Directory
Original Debt (eg. Credit card/Loan/Overdraft) : Store card
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): By an agreement between Next Directory & the defendant dated 03/09/2004 ('the agreement') Next Directory 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 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?): I sent a letter to them explaining I was in financial difficulty in July 2017 but no contact since..
List any letters you have sent (eg: CCA/ CPR ): None yet - drafting now
Any Other Information or Background Details:

Good morning,

I received a claim form for the above over the weekend and I have now acknowledged it by post, indicating my wish to defend all of the claim. I am now attempting to draft the CCA request but there is no agreement number noted on the claim form.. Shall I find it from previous documents and add it that way or is that somehow acknowledging that I know which debt they are claiming for? I have received pre-action letters from both Cabot and Mortimer Clarke so I'm sure it'll be on there, it's just not been noted on the claim form.

Many thanks in advance,

BP

[MIKE770]

just refer to claim Number (Their problem do not do their job for them)? sounds they have a desk jockey? echat11

[echat11]

A) Send a 31.14 request to Mortimer Clarke on the claim form, they have 7 days to respond after receipt of letter (keep an eye on that). Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

B) Send a CCA request to Cabot Financial, they have 12 days to provide a copy of the agreement, make sure you get Proof of Postage.

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

c) Send a SAR to Next Directory, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.

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

You need to lodge your Defence with the Court and Mortimer Clarke within 28 days (although you have 5 days for postal). Do not forget. Update the thread when you get the requested information.

They may have difficulty getting a copy of the original document as taken out in 2004.

[beaglepup]

That's really helpful - thank you both very much for your prompt reply. I have referred to the claim no. instead of the agreement number in the CCA request so I think that's now complete and ready to go this afternoon. I will enclose a copy of this alongside the CPR request as instructed in the guidance provided - thank you.

Just a couple of further things please if I may. If the date is noted as the 12.04.23 on the claim form, which date to do I insert into the CPR request as the defence filing date please? I'm just a little unsure. Is it 28 days plus 5 now I've acknowledged I'm going to defend in full, so the 15th of May 2023?

Also, would you be so kind as to help me list the documents that they have mentioned in the particulars of the claim please? Just so I know for sure which documents I am requesting inspection of in my CPR request.

Thanks so much.

[echat11]

a) That's really helpful - thank you both very much for your prompt reply. I have referred to the claim no. instead of the agreement number in the CCA request so I think that's now complete and ready to go this afternoon. I will enclose a copy of this alongside the CPR request as instructed in the guidance provided - thank you.

Good.

b) Just a couple of further things please if I may. If the date is noted as the 12.04.23 on the claim form, which date to do I insert into the CPR request as the defence filing date please? I'm just a little unsure. Is it 28 days plus 5 now I've acknowledged I'm going to defend in full, so the 15th of May 2023?

Just remove the following from the CPR request 'ahead of filing my defence on xx/xx/xxxx.

c) Also, would you be so kind as to help me list the documents that they have mentioned in the particulars of the claim please? Just so I know for sure which documents I am requesting inspection of in my CPR request.

Copies of the agreement, default notice and letter of assignment.

[beaglepup]

Hi there,

I just wanted to update the thread to say that I have now received a response from the claimant's solicitors firm. Three separate letters arrived together yesterday, as dated below:

24.04.23 - To thank me for my recent correspondence and acknowledge my request for documents. They stated that they act on its clients instructions and they do not hold the documentation I have requested. They have asked their client to provide them and that they will come back to me "as soon as we can." They finished by stating that the matter has been placed on hold in the meantime and that no further action will be taken.

26.04.23 - They confirmed that they have received my request for documents under 31.14. They say that they have sent my request to their client and will come back to me when they have heard from them. They state that the client may not have all the docs I have asked for to hand so they may need to ask the original creditor for some of the documents, which may take some time.

27.04.23 - Letter which claims they "understand that there may have been an issue with my DD payment and if I believe that I have experienced an issue with my DD plan I need to contact them so they can help resolve the matter for me... I have absolutely no idea what they're referring to here as I have never had a DD plan with them. Perhaps just sent in error? Very odd.

Hopefully this information is useful? It would be great to hear what you think of their responses and if you could just kindly let me know if there's anything further I need to do at this stage please or whether I should just sit tight for now.

Many thanks!

BP

[echat11]

a) 24.04.23 - To thank me for my recent correspondence and acknowledge my request for documents. They stated that they act on its clients instructions and they do not hold the documentation I have requested. They have asked their client to provide them and that they will come back to me "as soon as we can." They finished by stating that the matter has been placed on hold in the meantime and that no further action will be taken.

That's good, if they don't specifically mention an extension for you to file your defence, then make sure you get your defence filed with the Court and a copy sent to the creditor's solicitors, make sure you get Proof of Postage.

b) 26.04.23 - They confirmed that they have received my request for documents under 31.14. They say that they have sent my request to their client and will come back to me when they have heard from them. They state that the client may not have all the docs I have asked for to hand so they may need to ask the original creditor for some of the documents, which may take some time.

That's good.

c) 27.04.23 - Letter which claims they "understand that there may have been an issue with my DD payment and if I believe that I have experienced an issue with my DD plan I need to contact them so they can help resolve the matter for me... I have absolutely no idea what they're referring to here as I have never had a DD plan with them. Perhaps just sent in error? Very odd.

Yes odd, it's either an automated letter or a deliberate action, get you thinking about a payment plan. But nothing to worry about.

[beaglepup]

That's great, thank you. It will be six years in July since my last contact with the original creditor so hopefully it takes them a while to get the documents together!! If that will still apply??

In terms of filing my defence now, would I be defending to say that they haven't provided the necessary documents? I feel really anxious with it being so close to the 6 year mark..

[echat11]

That's great, thank you. It will be six years in July since my last contact with the original creditor so hopefully it takes them a while to get the documents together!! If that will still apply??

In terms of filing my defence now, would I be defending to say that they haven't provided the necessary documents? I feel really anxious with it being so close to the 6 year mark..

As they've lodged a Court Claim, the 6 year mark, which won't help.

Here is an example defence, you have most of the info, if you have a go at it, post it up on this thread without personal details, then I can take a look. Your defence has to be filed with the Court and a copy sent to the creditor's solicitors, make sure you get Proof of Postage.

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

[beaglepup]

I see - thank you. Seems they acted just in time.

Ok. So, I'm a little bamboozled by all the paragraphs in the example defence as I'm not sure which ones apply in my case exactly but I'll do my best and see what you think if that's ok? I have removed my personal details in the attached copy and have highlighted in green any paragraphs I am unsure if I need to include. I've highlighted any parts I think I may need to include but I'm just unsure of the details in red. I hope that makes sense! Hopefully the rest is ok to stay in?

Many thanks again for your help in this. It really is appreciated.

[echat11]

Can you copy / paste it onto the thread? Thanks.

[beaglepup]

Of course, yes - sorry.


In the Northampton County Court Business Centre
Claim No: xxxxxxxx
Cabot Financial (UK) Limited
Claimant
And
xxxxxxxx
Defendant

DEFENCE

1. The Defendant received the claim xxxxxxxx from the Northampton County Court on the 17^th of April 2023.

1. Each and every allegation in the Claimant’s statement of case is denied unless specifically admitted in this Defence.

1. This claim appears to be for a Credit Account agreement regulated under the Consumer Credit Act 1974.

1. It is admitted that the Defendant has previously entered into an agreement with Next Directory for provision of credit.

1. The Claimant’s statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

1. The Claimant’s Particulars of Claim states the agreement was entered into on XX.XX.2004

1. [The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years]

1. The Claimant’s statement of case states that the account was assigned from Next Directory to Cabot Credit Management Group Limited on [Date] No date provided on claim particulars. The Defendant does not recall receiving notice of this assignment. Do I need to see if I can locate this?

1. It is denied that Next Directory 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.

1. On the 19^th of April 2023 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.

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

1. On the 19^th of April 2023 The Defendant sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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 [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]

Read through it, make sure it's correct. Removed the limitation paragraph.

Email to the Court as an attachment.

Email it to: ccbcaq@justice.gov.uk (you should get an automatic email from the Court acknowledging that they have received it)

In the email subject line write - Claim No: XXXXXXXXX - DEFENDANTS DEFENCE - XXXXXXXXXXX V XXXXXXXXX

Remember to post a copy to the Mortimer Clarke Solicitors, make sure you get Proof of Postage.

In the Northampton County Court Business Centre
Claim No: xxxxxxxx
Cabot Financial (UK) Limited
Claimant
And
xxxxxxxx
Defendant

DEFENCE

1. The Defendant received the claim xxxxxxxx from the Northampton County Court on the 12^th of April 2023.

1. Each and every allegation in the Claimant’s statement of case is denied unless specifically admitted in this Defence.

1. This claim appears to be for a Credit Account agreement regulated under the Consumer Credit Act 1974.

1. It is admitted that the Defendant has previously entered into an agreement with Next Directory for provision of credit.

1. The Claimant’s statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

1. The Claimant’s Particulars of Claim states the agreement was entered into on XX.XX.2004

1. The Claimant’s statement of case states that the account was assigned from Next Directory to Cabot Credit Management Group Limited, but has not provided a date in their Statement of Case. The Defendant does not recall receiving notice of this assignment.

1. It is denied that Next Directory 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.

1. On the 19^th of April 2023 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.

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

1. On the 19^th of April 2023 The Defendant sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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:

[beaglepup]

That's wonderful, thank you. I have checked through it and signed it with my initial and surname. Hopefully that's ok for both the emailed defence to the court and the copy for the solicitors? And then is it just a case of waiting to see if the Claimant is able to get the necessary documents together before they can proceed with their claim?

[echat11]

That's wonderful, thank you. I have checked through it and signed it with my initial and surname. Hopefully that's ok for both the emailed defence to the court and the copy for the solicitors? And then is it just a case of waiting to see if the Claimant is able to get the necessary documents together before they can proceed with their claim?

The Claimant has 28 days to respond to you, they may need more time to respond.