Mortimer Clarke Court Claim

[Lee1187]

Hi all,

I received a court claim in the post by luck the other day, due to moving back to my parents after fleeing an abusive relationship, It was dated the 7th of this month, the original credit card was taken out in 2015 and I don't remember doing so, however I do have ADHD, OCD etc, which unfortunately can cause some issues.
The Debt is around £1,500 and I'm so stressed about all of this! I'm only just starting to move forward with my life and getting the right support from councillors, police etc after an attempt of taking my own life a couple of months ago due to amount of abuse I was suffering. The DWP have said I'm not fit to work and get Universal Credit whilst I try and get my life in order but the money I receive is not a lot in these times, especially with a child. sorry to overshare but this is really stressing me out as I really don't want a CCJ.
Yesterday I acknowledged the letter on mcol and said I would defend it, so it gives me time, but I'm not sure on the next steps, If anyone has any advice, I would be extremely grateful.

[echat11]

Fill in the following, copy and paste back to this thread without personal details:

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

[Lee1187]

Received a claim? Yes/No: yes
Issue Date: 7/11/2024
Have you Acknowledged the Claim?: yes
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
Solicitors Firm: Mortimers Clarke
Original Creditor: New Day Aqua
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): By an agreement between New Day Ltd Re Aquaand the defendant on or around 01/12/2015 (the agreement ) New Day Ltd Re Aqua agreed to issue defendant with a credit card, The defendant failed to make minimum payments. The agreement was terminated following the service of a default notice. The agreement was assigned to 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 names claimant may be entitled to claim interest under the agreement but does not seek such interest under the agreement and instead claims interest under section 69(1) of the county courts act 1984 at 8% p.a for 6/11/2021 until date of issue only, or Alternatively such interest as the court thinks fit. The named claimant therefore claims around 1. £1200 2.interest of 300 3. Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): yes
List any letters you have sent (eg: CCA/ CPR ): CCA, CPR, SAR
Any Other Information or Background Details:

[echat11]

So you've sent the following, CCA, CPR, SAR?

Any Other Information or Background Details:

[echat11]

a) The following is an example Defence just have a look at it -

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

After you've acknowledged service of the claim, you have 28 days in total from the date on the claim form to file you Defence with the Court (plus 5 days postal - you should not need this). Post an update if you get any documents through from your requests. Post on the thread with 5 days left so we can help you with your Defence.

[Lee1187]

Thank you for replying, I have sent a CCA, CPR and a SAR. I don't have much of a background to give as I've moved about and haven't had post, it's only been of the off chance, moving back to parents.
Will keep you updated.
Thank you so much for your help, its most appreciated.

[Lee1187]

Hi, I received a letter the other day from Mortimer Clarke, saying as follow;

We've received your request under CPR 31.14.

We have been unable to respond to your request within 7 days requested. We have requested the documentation from our client and are awaiting their response.

The claim will remain on hold whilst we comply with your request. We believe an application to the court to extend the time to comply with your request would be disproportionate, please let us know if you disagree.

We trust this is of assistance to you.

Is there anything I need to do?

[echat11]

Hi, I received a letter the other day from Mortimer Clarke, saying as follow;

We've received your request under CPR 31.14.

We have been unable to respond to your request within 7 days requested. We have requested the documentation from our client and are awaiting their response.

The claim will remain on hold whilst we comply with your request. We believe an application to the court to extend the time to comply with your request would be disproportionate, please let us know if you disagree.

We trust this is of assistance to you.

Is there anything I need to do?

All they are saying, is there is no need to get the Court involved with extending the time they have to provide the requested documentation. Just write back agreeing to their requests regarding extension, but also explain that once the documentation is received you will need time to go through it. They should give you time to do that.

[Lee1187]

Okay thank you for your help.

[Lee1187]

Also do I still need to put my defense in on the 5th of December? Might sound silly but I'm worried.

[echat11]

Also do I still need to put my defense in on the 5th of December? Might sound silly but I'm worried.

See if you get any requested info in by the 2nd December, then have a go at your defence, copy and paste back to this thread without personal details, then we can take a look. Get it lodged with the Courts by the 3rd December.

[Lee1187]

Okay will do, thank you .

[Lee1187]

Hi I haven't received any documents that I've requested, shall I post my defense today?

[echat11]

Hi I haven't received any documents that I've requested, shall I post my defense today?

Copy and post your defence on this thread without personal details, then we can check it, then you can lodge it with the Court online via MCOL.

[Lee1187]

Okay, will do.