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

[echat11]

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.

Yes, anomalies within the documents.

It should be a 'True Copy', not a Reconstituted Agreement.

The interest rate (APR) might of gone up, the credit limit might have gone up, have they provided copies of the 'varied' terms.

The default notice, does it contain all the details it should?

The Notice of Assignment does it have all the information it should contain.

[echat11]

Start preparing your Witness Statement, remember we can give you information to consider.

https://hallellis.co.uk/preparing-witness-statements/

https://legalbeagles.info/forums/for...ess-statement/

[beaglepup]

Good morning. I'm not sure if I have enough time to get this together now but I've been really struggling to get my head around this stage and have had little to no time to be able to look into it properly for one reason and another. I have some time today however, and if anyone would be willing to help me, I was hoping that I could scrape something together in the hope I could get this over to the court before the end of the day...? It's seven days before the hearing date today so I'm really hoping that's a possibility? I have drafted the bare bones of my witness statement and have scanned the reconstituted agreement, default notice and notice of assignment in the hope that someone could help me locate the potential issues I could rely on, if at all possible..

OR, if it is too late, what's best to do next. Is there any possible chance that the judge would note any potential issues in their argument (e.g. failure to produce a true copy of the agreement/the fact that they've waited so long before reviving the case etc) regardless of my input or will they be likely to just judge against me if I failed to respond?

[echat11]

Good morning. I'm not sure if I have enough time to get this together now but I've been really struggling to get my head around this stage and have had little to no time to be able to look into it properly for one reason and another. I have some time today however, and if anyone would be willing to help me, I was hoping that I could scrape something together in the hope I could get this over to the court before the end of the day...? It's seven days before the hearing date today so I'm really hoping that's a possibility? I have drafted the bare bones of my witness statement and have scanned the reconstituted agreement, default notice and notice of assignment in the hope that someone could help me locate the potential issues I could rely on, if at all possible..

OR, if it is too late, what's best to do next. Is there any possible chance that the judge would note any potential issues in their argument (e.g. failure to produce a true copy of the agreement/the fact that they've waited so long before reviving the case etc) regardless of my input or will they be likely to just judge against me if I failed to respond?

Witness Statement redact name.

O.K. will take a look.

[beaglepup]

Witness Statement redact name.

GOSH! So sorry....

[echat11]

GOSH! So sorry....

Write out a 100 times, I must 'retract' correctly!!

[beaglepup]

Write out a 100 times, I must 'retract' correctly!!

Ha ha! Will do!! Once I get this nightmare out of the way... I've just realised that the hearing is on the 19th of Feb, not the 17th, so I might just have a few more hours of breathing space to have a crack at this, if I can manage it. x

[echat11]

Well done so far, I've added some pointers - do research, make amendments, it's your Witness Statement.

Fill in the XXX, check point 9, depending on date, 9 might come before 10, so you'll need to change that.

You need to cross reference the Witness Statement / Evidence (3 documents) add things like title, labels, number pages etc so the Judge can cross reference.

WITNESS STATEMENT

I,XXXXXXXXX, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my Defence in this claim which is due to be heard on XX XXXXXX XXXX at XXXXXXXXX County Court.

1. On or around the 12^th of April 2023, I received a claims form from the County Court Business Centre, Northampton, for the amount of £1347.98 plus costs.

2. On the 18^th of April 2023, I sent my response to the court, acknowledging the claim and informing them that I wished to dispute the claim in its entirety.

2. On the 19th of April 2023, I 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.

3. On the 19th of April 2023, I 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.

4. On or around the 24^th Of April 2023, the Claimant’s solicitors replied to my written request, without the requested documents, and stated that the matter had been placed on hold and no further action would be taken.

5. On or around the 26^th Of April 2023, the Claimant’s solicitors replied to my written request for documents under Civil Procedure Rule 31.14, without the documents requested.

6. On or around the 10^th of May 2023, I submitted my defence to the court and sent a copy to the claimant’s solicitors – Mortimer Clarke.

7. On or around the 11^th of May 2023, I received a letter from the court, acknowledging receipt of my defence.

8. On or around the 15^th of May 2023, I received a letter from the claimant’s solicitors – Mortimer Clarke, acknowledging receipt of my defence. It was stated that the matter had been placed on hold and no further action would be taken.

9. On or around the XX XXXXX 2025, Mortimer Clarke provided me with the requested documentation. The documents provided are non compliant under the Consumer Credit Act 1974. The documents provided are missing my name and address, and in the case of the agreement, my signature is also missing. The documents provided seem to be incomplete.

The Consumer Credit Act 1974, Section 61 of the Consumer Credit Act states that a credit agreement is not properly executed unless it contains all the prescribed terms and adheres to regulations made under section 60(1) of the Act, and is signed in the prescribed manner.

The Consumer Credit Act 1974, Section 127 of the Consumer Credit Act there is a provision for making an agreement unenforceable if it does not contain certain pieces of information which is the case with the documentation provided by the Creditor.

The Consumer Credit Act 1974, Section 78 of the Consumer Credit Act states that the copy of the agreement must be legible this is not the case, it is illegible.

10. On or around the 9^th of January 2025, I received a Notice of Transfer of Proceedings from the Civil National Business Centre, informing me that the claim had been transferred to the County Court at Stoke on Trent. This was then followed by a Notice of Hearing of Application in the County Court of Stoke on Trent, received on or around the 31^st of January 2025.

In the application notice, it shows that this document was completed by the claimant's solicitors, Mortimer Clarke, on the 16^th of December 2024, some 20 months after the claim form was first received from the Court.

The Claimant has not provided a good reason for waiting 20 months to make an application notice to 'lift the stay'. To 'lift a stay' the Court should apply the test of "appropriateness". In applying this test Chief Master Marsh considered in a 2016/17 case involving the Premier League:

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

11. It is my understanding that the Creditor's claim is 'unenforceable' as the Claimant is unable to provide the documentation stated in its statement of case.

Statement to Truth

I believe that the facts stated in this witness statement 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.

[Pezza54]

Paragraph 9 isn't correct. Please see post 25
OP is attending an application notice hearing to see if the stay should be lifted as well as possible summary judgement
OP should argue against the stay being lifted after such a long time

Paragraph 9 amended and info added in para 10

[echat11]

Paragraph 9 isn't correct. Please see post 25
OP is attending an application notice hearing to see if the stay should be lifted as well as possible summary judgement
OP should argue against the stay being lifted after such a long time

Corrected / added.

[beaglepup]

This is amazing and incredibly helpful ECHAT11. Thank you so much. I did a bit more work on it yesterday so hopefully they'll be ok to add in as below? I'll pop these in amber.

Well done so far, I've added some pointers - do research, make amendments, it's your Witness Statement.

Fill in the XXX, check point 9, depending on date, 9 might come before 10, so you'll need to change that.

You need to cross reference the Witness Statement / Evidence (3 documents) add things like title, labels, number pages etc so the Judge can cross reference.

Will do - thank you.

WITNESS STATEMENT

I,XXXXXXXXX, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my Defence in this claim which is due to be heard on XX XXXXXX XXXX at XXXXXXXXX County Court.

1. On or around the 12^th of April 2023, I received a claims form from the County Court Business Centre, Northampton, for the amount of £1347.98 plus costs.

2. On the 18^th of April 2023, I sent my response to the court, acknowledging the claim and informing them that I wished to dispute the claim in its entirety.

2. On the 19th of April 2023, I 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.

3. On the 19th of April 2023, I 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.

4. On or around the 24^th Of April 2023, the Claimant’s solicitors replied to my written request, without the requested documents, and stated that the matter had been placed on hold and no further action would be taken.

5. On or around the 26^th Of April 2023, the Claimant’s solicitors replied to my written request for documents under Civil Procedure Rule 31.14, without the documents requested.

6. On or around the 10^th of May 2023, I submitted my defence to the court and sent a copy to the claimant’s solicitors – Mortimer Clarke.

7. On or around the 11^th of May 2023, I received a letter from the court, acknowledging receipt of my defence.

8. On or around the 15^th of May 2023, I received a letter from the claimant’s solicitors – Mortimer Clarke, acknowledging receipt of my defence. It was stated that the matter had been placed on hold and no further action would be taken.

9. On or around the XX XXXXX 2025, Mortimer Clarke provided me with the requested documentation. The documents provided are non compliant under the Consumer Credit Act 1974. The documents provided are missing my name and address, and in the case of the agreement, my signature is also missing. The documents provided seem to be incomplete.

The Consumer Credit Act 1974, Section 61 of the Consumer Credit Act states that a credit agreement is not properly executed unless it contains all the prescribed terms and adheres to regulations made under section 60(1) of the Act, and is signed in the prescribed manner.

The Consumer Credit Act 1974, Section 127 of the Consumer Credit Act there is a provision for making an agreement unenforceable if it does not contain certain pieces of information which is the case with the documentation provided by the Creditor.

The Consumer Credit Act 1974, Section 78 of the Consumer Credit Act states that the copy of the agreement must be legible this is not the case, it is illegible.

Re point 9 above. Unfortunately, all three documents showed my name, address and account number, I just blanked them out for posting on here.. The Default Notice and Notice of Assignment look as I would perhaps expect but the agreement is reconstituted. The name and address fields have been crudely blanked out and typed over with my name and address (with minor spelling errors) on both sections, with no signature or date. Mortimer Clarke have stated on their Witness Statement that this is a reconstituted agreement and that this is permissible under the Financial Conduct Authority's Consumer Credit sourcebook at rule 13.1.4. They state that this was also confirmed in the case of Carey v HSBC Bank plc (2009) EWHC 3417.

It is stated in the claimant's solicitors Witness Statement that a reconstituted agreement has been submitted as evidence on behalf of the claimant (CLAIMANT EXHIBIT xxx). You will note that this agreement is unsigned or dated with both parts of the name and address sections crudely blanked out and typed over with my name and previous address details – with spelling errors on both sections. As it is stated that this claim refers to an account which pre-dates 2007, it is my understanding that the client is required to produce a true copy of the agreement mentioned in its statement of case. As the claimant has been unable to provide the requested documents, it is my belief that this reconstituted agreement does not comply and is therefore unenforceable.

10. On or around the 9^th of January 2025, I received a Notice of Transfer of Proceedings from the Civil National Business Centre, informing me that the claim had been transferred to the County Court at Stoke on Trent. This was then followed by a Notice of Hearing of Application in the County Court of Stoke on Trent, received on or around the 31^st of January 2025.

In the application notice, it shows that this document was completed by the claimant's solicitors, Mortimer Clarke, on the 16^th of December 2024, some 20 months after the claim form was first received from the Court. To this end, I do not feel that it is fair or appropriate for the claimant to make an application to lift the stay after such an extensive period of time. This is exacerbated by the fact that I have still not seen any further evidence that the claim is any more valid now than it was when it was made in excess of twenty months ago.

The Claimant has not provided a good reason for waiting 20 months to make an application notice to 'lift the stay'. To 'lift a stay' the Court should apply the test of "appropriateness". In applying this test Chief Master Marsh considered in a 2016/17 case involving the Premier League:

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

11. It is my understanding that the Creditor's claim is 'unenforceable' as the Claimant is unable to provide the documentation stated in its statement of case.

Statement to Truth

I believe that the facts stated in this witness statement 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.

[echat11]

O.K. so there were name and addresses, albeit the address has been spelt incorrectly.

I've looked at the agreement, it is 'illegible'. The reconstructed agreement, can you read it? or is it 'illegible'?

[beaglepup]

O.K. so there were name and addresses, albeit the address has been spelt incorrectly.

I've looked at the agreement, it is 'illegible'. The reconstructed agreement, can you read it? or is it 'illegible'?

It's barely legible. I will keep that point in - thank you.

I have been trying to find out when it became possible for claimants to produce a reconstituted agreement but to no avail. You mentioned 2007 in your post #29? As the agreement was taken out in 2004, does this mean that a reconstituted copy is not acceptable in this case please?

[echat11]

Make sure you take the original 'Reconstructed Agreements' with you, the ones sent to you by Mortimer Clarke, so the Judge can take a closer look. It might be an idea to email your Witness Statement / Evidence Bundle to the Court.


WITNESS STATEMENT

I,XXXXXXXXX, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my Defence in this claim which is due to be heard on XX XXXXXX XXXX at XXXXXXXXX County Court.

1. On or around the 12^th of April 2023, I received a claims form from the County Court Business Centre, Northampton, for the amount of £1347.98 plus costs.

2. On the 18^th of April 2023, I sent my response to the court, acknowledging the claim and informing them that I wished to dispute the claim in its entirety.

2. On the 19th of April 2023, I 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.

3. On the 19th of April 2023, I 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.

4. On or around the 24^th Of April 2023, the Claimant’s solicitors replied to my written request, without the requested documents, and stated that the matter had been placed on hold and no further action would be taken.

5. On or around the 26^th Of April 2023, the Claimant’s solicitors replied to my written request for documents under Civil Procedure Rule 31.14, without the documents requested.

6. On or around the 10^th of May 2023, I submitted my defence to the court and sent a copy to the claimant’s solicitors – Mortimer Clarke.

7. On or around the 11^th of May 2023, I received a letter from the court, acknowledging receipt of my defence.

8. On or around the 15^th of May 2023, I received a letter from the claimant’s solicitors – Mortimer Clarke, acknowledging receipt of my defence. It was stated that the matter had been placed on hold and no further action would be taken.

9. On or around the XX XXXXX 2025, Mortimer Clarke provided me with the requested documentation. The documents provided are non compliant under the Consumer Credit Act 1974. The documents provided has my name and address which have been mis-spelt, and in the case of the agreement, my signature is also missing. The documents provided seem to be incomplete.

The Consumer Credit Act 1974, Section 61 of the Consumer Credit Act states that a credit agreement is not properly executed unless it contains all the prescribed terms and adheres to regulations made under section 60(1) of the Act, and is signed in the prescribed manner.

The Consumer Credit Act 1974, Section 127 (3) of the Consumer Credit Act there is a provision for making an agreement unenforceable if it does not contain certain pieces of information which is the case with the documentation provided by the Creditor.

The Consumer Credit Act 1974, Section 78 of the Consumer Credit Act states that the copy of the agreement must be legible this is not the case, it is illegible.

It is stated in the Claimant's Witness Statement that a Reconstituted Agreement has been submitted as evidence on behalf of the Claimant (CLAIMANT EXHIBIT xxx). You will note that this agreement is unsigned and undated with both parts of the name and address sections crudely blanked out and typed over with my name and previous address details, with spelling errors on both sections. As it is stated that this Claim refers to an account which pre-dates 2007, it is my understanding that the client is required to produce a 'true copy' of the agreement mentioned in its statement of case. As the claimant has been unable to provide the requested documents, it is my belief that this Reconstituted Agreement does not comply and is therefore unenforceable.

10. On or around the 9^th of January 2025, I received a Notice of Transfer of Proceedings from the Civil National Business Centre, informing me that the claim had been transferred to the County Court at Stoke on Trent. This was then followed by a Notice of Hearing of Application in the County Court of Stoke on Trent, received on or around the 31^st of January 2025.

In the application notice, it shows that this document was completed by the claimant's solicitors, Mortimer Clarke, on the 16^th of December 2024, some 20 months after the claim form was first received from the Court. To this end, I do not feel that it is fair or appropriate for the claimant to make an application to 'lift the stay' after such an extensive period of time. This is exacerbated by the fact that I have still not seen any further evidence that the claim is any more valid now than it was when it was made in excess of twenty months ago.

The Claimant has not provided a good reason for waiting 20 months to make an application notice to 'lift the stay'. To 'lift a stay' the Court should apply the test of "appropriateness". In applying this test Chief Master Marsh considered in a 2016/17 case involving the Premier League:

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

11. It is my understanding that the Creditor's claim is 'unenforceable' as the Claimant is unable to provide the documentation stated in its statement of case.

Statement to Truth

I believe that the facts stated in this witness statement 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.

[echat11]

It's barely legible. I will keep that point in - thank you.

I have been trying to find out when it became possible for claimants to produce a reconstituted agreement but to no avail. You mentioned 2007 in your post #29? As the agreement was taken out in 2004, does this mean that a reconstituted copy is not acceptable in this case please?

I've just seen this post. So don't do anything just yet, I'll post again.