Mortimer Clarke/Cabot/Halifax - Court Claim

[snowflake101]

Received a claim? Yes/No: Yes

Issue Date: 4th March 2026

Have you Acknowledged the Claim?: Yes

Total Amount Claimed : £15300.00

Claimant’s Name: Cabot Financial (UK) Limited

Solicitors Firm: Mortimer Clarke Solicitors Ltd

Original Creditor: Halifax

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 Halifax & the Defendant on or around 04/07/2015 ('the Agreement') Halifax 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 oof a default notice. The Agreement was assigned to the named 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 named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a. from 19/09/2024 until date of issue only, or alternative such interest as the Court thinks fit. THE NAMED CLAIMANT THEREFORE CLAIMS 1. 12922.17 2. Interest of 1496.99 3. Costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No

List any letters you have sent (eg: CCA/ CPR ): None

Any Other Information or Background Details: On the 22/10/2025 I wrote to Mortimer Clarke asking for "evidence of my liability for the alleged debt". I received what appears to be a copy of the agreement on 09/02/2026 and received by me on 12/02/2026. I have not received any PAP/letter before claim from them. I then received the court claim papers on 06/03/2026.

I am very concerned about this claim as I cannot afford more than £1 per month currently. We, as a family are on universal credit and I am self employed and am struggling to find new clients to work with. My spouse is on PIP and unable to work and we have two children (only the youngest lives with us) both whom have disabilities.

I have filed AOS online and ticked that I would be defending the whole claim as a holding position.

[echat11]

Hi Snowflake101

Welcome to LB

The claim is over £10,000, so might be on the 'Fasttrack' route.

a) First Acknowledge service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence. - you've done this

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

b) Send a SAR request to Halifax, 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 to Cabot Financial (UK) Limited, they have 12 days to provide a copy of the agreement. Make sure you get Proof of Postage.

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

d) Send a CPR 31.14 request to Mortimer Clarke Solicitors Ltd, they have 7 days to 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 with the Court or their solicitors yet.

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

Update the thread as you get information through.

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 (plus 5 days postal). If you can post on the thread 5 days before it's due we can help with your Defence.

[snowflake101]

Hi Snowflake101

Welcome to LB

The claim is over £10,000, so might be on the 'Fasttrack' route.

a) First Acknowledge service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence. - you've done this

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

b) Send a SAR request to Halifax, 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 to Cabot Financial (UK) Limited, they have 12 days to provide a copy of the agreement. Make sure you get Proof of Postage.

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

d) Send a CPR 31.14 request to Mortimer Clarke Solicitors Ltd, they have 7 days to 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 with the Court or their solicitors yet.

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

Update the thread as you get information through.

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 (plus 5 days postal). If you can post on the thread 5 days before it's due we can help with your Defence.

SAR request sent today.

CCA & CPR 31.14 sent yesterday. Used recorded delivery for all 3 and got proof of postage.

What is the significance of the possibility of being allocated to the Fast Track compared to the smalls claims track?

I am really concerned that because I own a house (in my sole name, spouse isn't on deeds or mortgage because I owned the home prior to meeting them) that I will end up with a charge against my home or worse still being forced to sell it. I purchased the home using the Help to Buy Scheme.

[echat11]

SAR request sent today.

CCA & CPR 31.14 sent yesterday. Used recorded delivery for all 3 and got proof of postage.

What is the significance of the possibility of being allocated to the Fast Track compared to the smalls claims track?

I am really concerned that because I own a house (in my sole name, spouse isn't on deeds or mortgage because I owned the home prior to meeting them) that I will end up with a charge against my home or worse still being forced to sell it. I purchased the home using the Help to Buy Scheme.

Try not to worry.

Small claims court costs are normally low i.e. Court fees / costs etc.
Fasttrack Court fees are higher i.e. Court fee / solicitors costs etc.

[snowflake101]

I have miscalculated the defence deadline which I believe is now April 6th as I forgot to add on the 5 days for postal service. I will return next week for advice. Absolutely nothing received in response to any of the letters sent currently.

[snowflake101]

We have not yet received anything through the post in response to our letters except for one letter received from MBNA DSAR Team (not sure why it is from them when the debt is with Halifax) where they say they need further information to continue searches and asking for date of birth and previous addresses as we do not have the card number or original account number. We received this on 30th March and not sure how to reflect that in the defence?

Here is the defence so far that I have done using the template. I would appreciate some feedback and help please. Thank you.

echat11


DEFENCE

1.The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on 6th March 2026.

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 previously entered into an agreement with Halifax 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 to the claim.

6.The Claimant’s Particulars of Claim states the agreement was entered into on 4th July 2015.

7.The Claimants statement of case states that the account was assigned from Halifax to Caboot but does not give a date. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Halifax 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.

10.On the 10th March 2026 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. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment].

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

12.On the 9th March 2026 The Defendant sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.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.

15.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.

16.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.

17.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.

18.It is denied that the Claimant is entitled to the relief as claimed or at all.

[echat11]

'We received this on 30th March and not sure how to reflect that in the defence?', it's not needed in your Defence, it's need in that it helps you build your Defence i.e. Witness Statement etc.

Amend / add the bits in red (get rid of the brackets). Read it several times if you happy with it, then lodge it with the Court via MCOL. There is no need to wait for the 6th April.

Amend / add the bits in red.

DEFENCE

1.The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on 6th March 2026.

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 previously entered into an agreement with Halifax 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 to the claim.

6.The Claimant’s Particulars of Claim states the agreement was entered into on or around 4th July 2015.

7.The Claimants statement of case states that the account was assigned from Halifax to Cabot but does not give a date. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Halifax 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 10th March 2026 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. 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 9th March 2026 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.

[snowflake101]

I sent the defence via email as told to by the Court tech help team as the MCOL account is in a mess and has no claim attached to it.

Anyway defence emailed to Court on 5th April 2026. On 10th April 2026 I received a letter from Mortimer Clarke saying they are responding to our email (I don't recall sending them an email) and request for documents under Section 77-79 of the Consumer Credit Act 1074.

It says they have included credit card agreement with terms and conditions, current terms and conditions, signed statement of my account on behalf of Cabot, credit card ststements, default notice and letter notifying me that the debt has been assigned.

It them says that they issued a county court claim and they suggest I now respond that claim. The letter then asks me to respond within the next 14 days or they will request a default judgement against me for fill outstanding balance.

What are my next steps?

echat11

[echat11]

I sent the defence via email as told to by the Court tech help team as the MCOL account is in a mess and has no claim attached to it.

Anyway defence emailed to Court on 5th April 2026. On 10th April 2026 I received a letter from Mortimer Clarke saying they are responding to our email (I don't recall sending them an email) and request for documents under Section 77-79 of the Consumer Credit Act 1074.

It says they have included credit card agreement with terms and conditions, current terms and conditions, signed statement of my account on behalf of Cabot, credit card ststements, default notice and letter notifying me that the debt has been assigned.

It them says that they issued a county court claim and they suggest I now respond that claim. The letter then asks me to respond within the next 14 days or they will request a default judgement against me for fill outstanding balance.

What are my next steps?

echat11

Ring the Court, explain what happened, you could lodge Defence via MCOL, so emailed it.
Get them to track down the email, ask them to send a confirmation email that the Defence
has been received. Send Mortimer Clarke a copy of that confirmation email.

Then wait to hear from Mortimer Clarke and update thread.

[snowflake101]

Ring the Court, explain what happened, you could lodge Defence via MCOL, so emailed it.
Get them to track down the email, ask them to send a confirmation email that the Defence
has been received. Send Mortimer Clarke a copy of that confirmation email.

Then wait to hear from Mortimer Clarke and update thread.

I rang the Court and they said they you don't always get a confirmation email. I explained that we had received an auto response but that it doesn't specify that we have sent in the Defence. They said today that it doesn't matter and we should just send the auto response to the Mortimer Clarke. They also said that their system doesn't show that we have filed the Defence but that is normal because it takes them so long to go through all the emails and log it.

They suggested resending the Defence to the Court along with the auto response email originally received and cc'ing Mortimer Clarke in.

Really concerned now that their system hasn't logged my Defence.

[echat11]

I rang the Court and they said they you don't always get a confirmation email. I explained that we had received an auto response but that it doesn't specify that we have sent in the Defence. They said today that it doesn't matter and we should just send the auto response to the Mortimer Clarke. They also said that their system doesn't show that we have filed the Defence but that is normal because it takes them so long to go through all the emails and log it.

They suggested resending the Defence to the Court along with the auto response email originally received and cc'ing Mortimer Clarke in.

Really concerned now that their system hasn't logged my Defence.

Yes it's not great, but do the following 'They suggested resending the Defence to the Court along with the auto response email originally received and cc'ing Mortimer Clarke in.'

[snowflake101]

I have now received a letter and the Claimant's N180 and N181. I have heard nothing more from the Court since receiving a letter some weeks ago confirming they had received my Defence. I have uploaded them attached to this with personal details redacted.

What are my next steps now please? echat11

IMG_9485 bw_compressed_1780415522.pdf

[echat11]

I have now received a letter and the Claimant's N180 and N181. I have heard nothing more from the Court since receiving a letter some weeks ago confirming they had received my Defence. I have uploaded them attached to this with personal details redacted.

What are my next steps now please? echat11

[ATTACH]n1719644[/ATTACH]

You should receive from the Court a Directions Questionnaire to fill in, that needs to be returned to the Court, but you also need to send a copy to the Claimants solicitors.
Keep a copy, make sure you get Proof of Postage.

You want Mediation and a Hearing in person.

https://legalbeagles.info/library/gu...uestionnaire//