Cabot / Mortimer Clarke

[Andy77]

The wife had this through last week.

Received a claim? Yes/No: YES
Issue Date: 26 Oct 2023
Have you Acknowledged the Claim?: Yes via moneyclaim
Total Amount Claimed : £1500
Claimant’s Name: Cabot Financial Ltd
Solicitors Firm: Mortimer Clarke
Original Creditor: New Day / Amazon
Original Debt: Credit Card
Particulars of Claim: By an agreement between New Day and the defendant on or around the 2/7/2019 agreed to issue the defendant with a credit card. The defendant failed to make the agreed payments and the agreement was terminated following the service of a default notice. The agreement was assigned to the named claimant, Cabot, acting as a servicing agent of the named claimant has arranged for these proceedings to be issued.
List any letters you have sent (eg: CCA/ CPR ): Nothing yet

I've acknowledged it and in looking through other posts I believe the next steps are to:

Send CCA request to Cabot
Send SAR to New Day
Send CPR 31.14 to Mortimer Clarke

......before submitting a defence. Is all that correct? Thanks in advance for any help.

[echat11]

a) First Acknowledge the Claim, you can do this online, this will give you 28 days in total to work on your defence, you've done this.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

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

c) Send a CCA request, they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

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

d) Send a CPR 31.14 request, they will provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

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

e) This is an example Defence, start looking at it, don't fill or file it yet with the Court or their solicitors.

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

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[Andy77]

The defence is due to be filed this week (I think on Wednesday). This is the defence written so far. I'm not sure about 14 and also how the statement of truth should read. Thank you so much in advance for any help.

DEFENCE

1.The Defendant received the claim ******** from the Northampton County Court on 26^th Oct 2023.

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

3.This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has entered into an agreement with New Day 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 or around 7/2/2019

7.The Claimants statement of case states that the account was assigned from New Day to Cabot (no date is specified). The Defendant does not recall receiving notice of this assignment.

8.It is denied that New Day 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 9/11/2023 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 has not sent any of these documents to the Defendant.

11.On the 9/11/2023 The Defendant sent a formal request for a copy of the original agreement to Cabot pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.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.

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 15.5), but they have declined. 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 [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.

[echat11]

OK will take a look.

[echat11]

Try to keep on top of the case.

Read through the Defence below, make sure it's correct. I've removed the extension paragraphs as they don't apply.

Email the Defence 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 their solicitors, make sure you get Proof of Postage.


DEFENCE

1.The Defendant received the claim XXXXXXX from the Northampton County Court on 26th October 2023.

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

3.This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has entered into an agreement with New Day 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 2/7/2019.

7.The Claimants statement of case states that the account was assigned fromNew Day to Cabot, but no date is specified. The Defendant does not recall receiving notice of this assignment.

8.It is denied that New Day 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 9/11/2023 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 Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11.On the 9/11/2023 The Defendant sent a formal request for a copy of the original agreement to Cabot 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 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 ________

[MIKE770]

The defence is due to be filed this week (I think on Wednesday). This is the defence written so far. I'm not sure about 14 and also how the statement of truth should read. Thank you so much in advance for any help.

DEFENCE

1.The Defendant received the claim ******** from the Northampton County Court on 26^th Oct 2023.

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

3.This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has entered into an agreement with New Day 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 or around 7/2/2019

7.The Claimants statement of case states that the account was assigned from New Day to Cabot (no date is specified). The Defendant does not recall receiving notice of this assignment.

8.It is denied that New Day 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 9/11/2023 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 has not sent any of these documents to the Defendant.

11.On the 9/11/2023 The Defendant sent a formal request for a copy of the original agreement to Cabot pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.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.

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 15.5), but they have declined. 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 [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.

a a lot of irrelevant paras, as a judge might think seems standard template.

[MIKE770]

Try to keep on top of the case.

Read through the Defence below, make sure it's correct. I've removed the extension paragraphs as they don't apply.

Email the Defence 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 their solicitors, make sure you get Proof of Postage.


DEFENCE

1.The Defendant received the claim XXXXXXX from the Northampton County Court on 26th October 2023.

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

3.This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has entered into an agreement with New Day 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 2/7/2019.

7.The Claimants statement of case states that the account was assigned fromNew Day to Cabot, but no date is specified. The Defendant does not recall receiving notice of this assignment.

8.It is denied that New Day 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 9/11/2023 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 Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11.On the 9/11/2023 The Defendant sent a formal request for a copy of the original agreement to Cabot 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 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 ________

That better.

[Andy77]

Thank you everyone. Much appreciated.

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

Glad you added this or else I would have been on the mcol site instead.

[Andy77]

5 months down the line since I submitted the defence. The court acknowledged to say the claimant had been contacted with the defence too. I've heard nothing since from anyone and I've had no paperwork sent through from the claimant that was requested. I guess I just sit and wait?

[echat11]

5 months down the line since I submitted the defence. The court acknowledged to say the claimant had been contacted with the defence too. I've heard nothing since from anyone and I've had no paperwork sent through from the claimant that was requested. I guess I just sit and wait?

The Claimant should have responded to your Defence within 28 days.

You should of had a Directions Questionnaire from the Court.

The case is 'stayed' as they haven't responded to your Defence.

I would give the Court a ring to confirm that is the case.

[Andy77]

The Claimant should have responded to your Defence within 28 days.

You should of had a Directions Questionnaire from the Court.

The case is 'stayed' as they haven't responded to your Defence.

I would give the Court a ring to confirm that is the case.

It was indeed stayed.

However we received a letter this week to say that the case stay was lifted on the 14/10 and transferred to our local court. No idea why as we'd received none of the documentation requested over the last 12 months since this first began.

[echat11]

It was indeed stayed.

However we received a letter this week to say that the case stay was lifted on the 14/10 and transferred to our local court. No idea why as we'd received none of the documentation requested over the last 12 months since this first began.

Give the Court a ring for an update.

[Andy77]

Give the Court a ring for an update.

OK another update.

Some paperwork came through yesterday.

The first part of it was a copy of notice of a hearing of application for this coming Friday morning 6th at an attended hearing at a local court.

It talks about fees for an adjournment (no fees if its heard 14 days before the hearing - obviously thats impossible given its only 5 days away).

Theres a copy of an N244 from the claimants solicitor.

Included is also the paperwork we requested:

A copy of a credit agreement - it is an electonic copy as the signature for both the mrs and the finance copy just has an X in the box.
Various statements, the default notice and the notice of re-assignment. (They've accidentally included someones elses statements as well as hers but thats by the by).

So on the face of it now she has everything I can't see how she has any route through than to pay it somehow., The immediate issue is obviously a court hearing at such short notice which right now seems too short notice to get the day off.

[echat11]

Go through what they have sent 'A copy of a credit agreement - it is an electonic copy as the signature for both the mrs and the finance copy just has an X in the box. Various statements, the default notice and the notice of re-assignment.'

Just because they've sent documents, doesn't mean it's compliant. Check the following: -

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

Check the Default Notice :-

https://www.legislation.gov.uk/ukpga...efault-notices

The Notice of Assignment, does it look genuine and have all the correct details.

That will determine what to do next.

[Andy77]

Go through what they have sent 'A copy of a credit agreement - it is an electonic copy as the signature for both the mrs and the finance copy just has an X in the box. Various statements, the default notice and the notice of re-assignment.'

Just because they've sent documents, doesn't mean it's compliant. Check the following: -

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

Check the Default Notice :-

https://www.legislation.gov.uk/ukpga...efault-notices

The Notice of Assignment, does it look genuine and have all the correct details.

That will determine what to do next.

I need to go over the credit agreement, it is a very large document.

The notice of assignment does look genuine.

The default notices that have been included are in this format: