CCBC CLAIM FORM Cabot/Mortimer Clarke

[Tma32]

I've received a claim form from CCBC today and following the guidance from this group
I've acknowledged the claim online, drafted CCA Request to Cabot & CPR 31.14 Request to Mortimer Clarke but who do I send Subject Access Request Letter to Cabot or newday please?

Thank you in advance for your help.
Received a claim? Yes Issue Date: 08 Jun 2022
Have you Acknowledged the Claim?: Yes 13/06/23
Total Amount Claimed : £1800
Claimant’s Name: Cabot Financial UK Limited
Solicitors Firm: Mortimer Clark Solicitors LTD
Original Creditor: New Day re Pulse(Outfit)
Original Debt Credit card
Particulars of Claim: By an agreement between New Day re Pulse(Outfit) &; the Defendant on or around 23/06/2014 ('the agreement') New Day re Pulse(Outfit) agreed to issue the Defendant with a credit card. 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 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 CLAIMANT THEREFORE CLAIMS 1. £1800 2. Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Last payment made to newday April 2021
List any letters you have sent (eg: CCA/ CPR ):

[echat11]

Hi TMA32

Welcome to LB

You send it to Newday, make sure you get Proof of Postage.

As you've Acknowledged Service, that gives you 14 + 14 days (5 days postage) from the date on the claim form. Try to get your defence in within the 28 days.

You can use the Example Defence, just amend it to respond to the Claimants Statement of Case -

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

If you have questions, then ask.

[Tma32]

As of today I've had no response from Cabot, Mortimer Clarke response was "The firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can. In the meantime, the matter has been placed on hold and no further action will be taken"
New Day response was they acknowledge request and will send within 30 days

In preparation for sending my defence based on no further responses I've drafted the below using the defence template, is anyone able to check it over for me please
Many thanks in advance

Email to the Court as an attachment.

Email to: ccbcaq@justice.gov.uk

Email subject line -

Claim No: XXXXXXXX - DEFENDANTS DEFENCE - Cabot Financial (UK) Limited V XXXXX XXXXX


Post a copy to the Mortimer Clarke Solicitors. (Obtain Proof of Postage)


In the Northampton County Court Business Centre

Claim No: XXXXXXXX

Cabot Financial (UK) Limited

Claimant

And

XXXXX XXXXX

Defendant


DEFENCE

1. The Defendant received the claim XXXXXXXX from the Northampton County Court on the 13th of June 2023.


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


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


4. It is admitted that the Defendant has previously entered into an agreement with New Day re Pulse (Outfit) for provision of credit.


5. The Claimant’s 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 or around 23.06.2014


7. The Claimant’s statement of case states that the account was assigned from New Day re Pulse (Outfit) 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.


8. It is denied that New Day re Pulse (Outfit) 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 16th of June 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.


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


11. On the 16th of June 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.


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. 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.


14. 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.


15. 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.


16. 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]

DEFENCE

1. The Defendant received the claim XXXXXXXX from the Northampton County Court on the 8th June 2023.


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


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


4. It is admitted that the Defendant has previously entered into an agreement with New Day re Pulse (Outfit) for provision of credit.


5. The Claimant’s 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 or around 23.06.2014


7. The Claimant’s statement of case states that the account was assigned from New Day re Pulse (Outfit) 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.


8. It is denied that New Day re Pulse (Outfit) 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 16th of June 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.


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


11. On the 16th of June 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.


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. 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.


14. 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.


15. 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.


16. 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.

Just change the bit's in bold.

[Tma32]

Thank you so much, I truly appreciate your help & support, you've help me keep my mental health safe