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

[beaglepup]

Just to update the thread to confirm that I have now submitted my defence to the court and sent a copy to the client's solicitors. Hopefully that's everything for now and it's just a case of waiting to see what happens next. A very special and heartfelt thank you to ECHAT11 for your kind and steady hand. Fingers crossed it all works out. Much appreciated, BP.

[echat11]

Just to update the thread to confirm that I have now submitted my defence to the court and sent a copy to the client's solicitors. Hopefully that's everything for now and it's just a case of waiting to see what happens next. A very special and heartfelt thank you to ECHAT11 for your kind and steady hand. Fingers crossed it all works out. Much appreciated, BP.

They have 28 days to respond to your defence.
Update the thread with their next response. Letter, requested documents etc.

[beaglepup]

Good morning,

Well, well, well... I have, this morning, received a reply from the client's solicitors with a response to my defence from 18 months ago! It is a four page letter sent by email, seemingly setting out their client's position with regard to the outstanding claim and supposedly providing the proof as requested in my defence. Can I please trouble you to let me know what I should do next? If anything? Happy to post anything here as long as I know what to blank out etc.

Many thanks in advance,

BP

[Pezza54]

The claim should have been struck out by the court last year.
Did you receive anything from the court?

[echat11]

Contact the Court, find out from them what the status of the Claim is.
Also if the Claimant has has made an application to remove the 'stay' on the case?
Also if they have paid the fees they must for the application.

Then update the thread.

[beaglepup]

Thank you. It appears that they have not yet submitted an application to remove the stay on the case. The have included the following in their email -

Our Client’s position
For the reasons set out above, it appears to us that you do not have a valid defence, as
currently pleaded, to our client’s claim. We, therefore, urge you to consider and withdraw
your defence and to admit the debt in full.
Our client remains willing to settle this matter. Please contact us with any settlement
proposals you would like to put forward to our client.

If we don’t hear from you then the next step is for us make an application to lift the stay
on proceedings and request summary judgment.

[echat11]

Thank you. It appears that they have not yet submitted an application to remove the stay on the case. The have included the following in their email -

Our Client’s position
For the reasons set out above, it appears to us that you do not have a valid defence, as
currently pleaded, to our client’s claim. We, therefore, urge you to consider and withdraw
your defence and to admit the debt in full.
Our client remains willing to settle this matter. Please contact us with any settlement
proposals you would like to put forward to our client.

If we don’t hear from you then the next step is for us make an application to lift the stay
on proceedings and request summary judgment.

I don't think they have the correct documentation.
You can wait to see if they lift the stay, as well as offering a 'nominal amount' to settle the claim.
If you do, write 'Without Prejudice As to Save Costs' on the offer letter. Make sure you get Proof of Postage.

[beaglepup]

Update - I have received a Notice of Transfer of Proceedings from the Civil National Business Centre this morning which states that the above claim has been transferred to my local court as a result of an order made on the 9th of Jan 2025. Does this suggest that Cabot have been successful in lifting the stay?

Many thanks in advance for your help.

[echat11]

Update - I have received a Notice of Transfer of Proceedings from the Civil National Business Centre this morning which states that the above claim has been transferred to my local court as a result of an order made on the 9th of Jan 2025. Does this suggest that Cabot have been successful in lifting the stay?

Many thanks in advance for your help.

Yes, await further instructions from the Court.

You may get communications from Cabot's solicitors.

[beaglepup]

Good morning,

Unfortunately, I have received a Notice of Hearing of Application (N244A) this morning, stating that the hearing for the claimant's application for the stay in proceedings to be lifted and Summary Judgement entered will take place at my local court in a fortnight's time. This is accompanied by a copy of form N244, a Witness Statement written by a representative of Mortimer Clarke and what I assume to be copies of all documents they are relying upon.

Can I trouble you to advise me on the next steps please?

Many thanks in advance,

BP

[echat11]

Go through the documents they are relying on several times. Make notes.
Concentrate on the Agreement, Default Notice and Notice of Assignment, do they comply.

Here's some info to help -

https://lawzone.legal/when-is-a-cred...0unenforceable.

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

[beaglepup]

Thank you ECHAT. The first thing that stands out to my untrained eye is the fact that they've included a reconstituted agreement. It's unsigned and the name and address details are blanked out and typed over - containing minor spelling errors on both examples of the address. I can see however that the witness statement includes a paragraph which states that reconstituted agreements are permissible so I'm not sure if that complies or not to begin with?

[Pezza54]

In my opinion you should also argue against the stay being lifted after such a long time. The claimant should have a very good reason for waiting 18 months to make an application notice to lift a stay

To lift a stay the judge should apply the test of "appropriateness"

In applying this test Chief Master Marsh considered in a 2016/17 case involving the Premier League:

1. Whether the claimant had an adequate explanation for the delay
2. Whether the claimant's claim has (at least) a real prospect of success
3. The defendant's behaviour and whether any of the delay was caused by the defendant
4. The nature and extent of any prejudice the defendant would suffer in the event that the stay is lifted
5. Whether any attempts were made by the claimant in the 6 months to revive the claim

Note this case was for a 6 month delay not 18 months

Draft your witness statement accordingly, covering items 1 to 5

[echat11]

Thank you ECHAT. The first thing that stands out to my untrained eye is the fact that they've included a reconstituted agreement. It's unsigned and the name and address details are blanked out and typed over - containing minor spelling errors on both examples of the address. I can see however that the witness statement includes a paragraph which states that reconstituted agreements are permissible so I'm not sure if that complies or not to begin with?

Because the agreement pre-dates 2007, I believe they have to provide a 'True Copy', so what they have provided doesn't comply. You need to go through everything, you will need to do a Witness Statement, but try to get it sent to the Court and the Creditors solicitors within the next 7 days. So post up the anomalies on this thread, then a structured Witness Statement with evidence.

Ultimately the Judge will need to make a Judgement on this.

[beaglepup]

Because the agreement pre-dates 2007, I believe they have to provide a 'True Copy', so what they have provided doesn't comply. You need to go through everything, you will need to do a Witness Statement, but try to get it sent to the Court and the Creditors solicitors within the next 7 days. So post up the anomalies on this thread, then a structured Witness Statement with evidence.

Ultimately the Judge will need to make a Judgement on this.

Thank you for this ECHAT11. Unfortunately I'm completely confused as to what I'm looking for in the documents that they've provided so I'm really unsure where to start with this, despite looking through the pages you've kindly linked above. They have provided copies of the reconstituted agreement, a default notice and what appears to be the assignment notice so it looks like they've complied with my request? is it anomalies within these that I'm trying to find? So sorry, I think I'm going to need a bit of hand-holding here.. I feel completely overwhelmed now.