Mortimer Clark, Marlin, Cabot

[Jorjai66]

I received a claim form from the courts. I did the necessary sent back acknowledgement of service intending to defend. I requested cca info from Marlins who did not have it and were going to request it. Cabot said they would try to forward me this info within 40days? I filled in my defence and sent it to the courts who have now forwarded it to the solicitors and I await their reply. I didn't request CPR info from Mortimer Clark is it to late now or should I request it anyway?

[Amethyst]

Re: Mortimer Clark, Marlin, Cabot

Its too late to send CPR 31.14 request after your defence really, but the CCA issues should be enough, massively depends on what you put as your defence to the claim. Do you want to post a copy?

[Jorjai66]

Re: Mortimer Clark, Marlin, Cabot

Hi Amethyst, thanks for replying. I will try to upload my defence.

[Jorjai66]

Re: Mortimer Clark, Marlin, Cabot

I've uploaded a pic of my defence 3 times, I don't know where they've gone!

[Amethyst]

Re: Mortimer Clark, Marlin, Cabot

Oh it might be too big, did the upload page just go blank after hitting upload? Email it to me admin@legalbeagles.info and I'll get it posted for you xx

[Jorjai66]

Re: Mortimer Clark, Marlin, Cabot

Yes it did but I've emailed them to you.
thanks

[Amethyst]

Re: Mortimer Clark, Marlin, Cabot

Hiya, Attached defence.

Yes it was HUGE xx



Okay You have the basics in, couple errors but fixable so don't worry. I suspect the claimants might continue with the claim and threaten to apply for summary judgment or to strike out. If that happens we will need to amend the defence. Hopefully the court will see through that though. The first half of the defence is from a template? so it looks a bit odd with all the aforesaid's and whatnot.

How much is the claim for?

[Jorjai66]

Re: Mortimer Clark, Marlin, Cabot

Hi Amethyst,
I tried to ensure I had covered most things by looking at other sites, I didn't find legal beagles until after I had sent my defence!!!! I wish I had found it before(lol).
the amount is 1900 which includes interest.
My defence was entered on the 21.7 14, I had a letter from the court 22.7.14 stating they had forwarded my defence to the solicitors. Do I just wait for their reply?
Thanks again x

[Amethyst]

Re: Mortimer Clark, Marlin, Cabot

Not a problem xx You should hear from the claimants/court within the next month stating if the claim will be continuing and sending you either directions or an allocation/directions questionnaire. Don't worry whatever you receive just post up here and we'll give you a hand responding if needed. xx

What's the actual original debt ? (credit card?loan? who was original lender? when was last payment? etc)
Also if you can type out the particulars of claim (leave out reference numbers and exact amounts) that would be useful for future ref.

[Jorjai66]

Re: Mortimer Clark, Marlin, Cabot

Not a problem xx You should hear from the claimants/court within the next month stating if the claim will be continuing and sending you either directions or an allocation/directions questionnaire. Don't worry whatever you receive just post up here and we'll give you a hand responding if needed. xx

What's the actual original debt ? (credit card?loan? who was original lender? when was last payment? etc)
Also if you can type out the particulars of claim (leave out reference numbers and exact amounts) that would be useful for future ref.

vanquis credit card 2006
Default 2009
sold to Cabot 2010
original amount £1450 approx.

I will upload the front sheet of claim, when I find it, I put it someone for safe keeping,now can't remember where. Thank you x

[Jorjai66]

Re: Mortimer Clark, Marlin, Cabot

Hi, today I received Mortimer Clarks standard letter in the post stating that they have received my defence and the matter is on hold whilst they take further instructions from their clients in relation to my defence.

So I will sit and wait!

[Jorjai66]

Re: Mortimer Clark, Marlin, Cabot

Hi,
I received these letters in the post today, I've never seen any of them before!
the wording in the covering letter is quite interesting. There are no statements of account. Any advice on my next step please.

thanks

[Amethyst]

Re: Mortimer Clark, Marlin, Cabot

If you're having trouble uploading the letters to the site it's fine to email them to me and I'll post them up ( admin@legalbeagles.info )

[Jorjai66]

Re: Mortimer Clark, Marlin, Cabot

Hi and thanks Amethyst,
I will email them to you now.

[Jorjai66]

Re: Mortimer Clark, Marlin, Cabot

The particulars of claim
By an agreement between Vanquis ("VANQ") & the defendant on or around 21/4/2006 the "agreement" VANQ agreed to issue the defendant with a credit card upon the terms & conditions set out therein. In breach of the agreement the defendant failed to make the minimum payments due & the agreement was terminated. The Agreement was assigned to the claimant on 18/06/2010.
The claimant therefore claims..........