Cabot Financial / Mortimer Clarke Solicitors County Court Claim - Advice Please

[dogtired]

Re: Cabot Financial / Mortimer Clarke Solicitors County Court Claim - Advice Please

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[BLUEOTTER]

Re: Cabot Financial / Mortimer Clarke Solicitors County Court Claim - Advice Please

Just received a letter from cabots saying they are now investigating my complaint.

[BLUEOTTER]

Re: Cabot Financial / Mortimer Clarke Solicitors County Court Claim - Advice Please

Received a reply from Cabots in response to my CCA Request .............they have advised they don't have it and have contacted the Bank of Scotland who themselves advised they didn't have it back in 2010 . Standard 40 day reply .

Spoke to Mortimers solicitors today to find out where their reply to my CPR request is and they informed me that they have placed the claim on hold until the 30th October 2014. I have asked for an email and letter confirming this .

I checked the state of the claim on line and it doesnt appear to mention that the date has been extended , i have emailed the courts informing them of the extension and also requested that mortimers confirm this to the court.

My quandry now is what about my defence which i understand needs to be filed by this Friday ! I assume i will now have more time but don't have any confirmation bar the telephone conversation so would appreciate some advice please . Do i just file it as it is with mention of the extension ?

[FlamingParrot]

Re: Cabot Financial / Mortimer Clarke Solicitors County Court Claim - Advice Please

Ok ,that's why i need advice please .
I did formally do a CPR request in 2010 from the bank.........they couldnt find one and admitted so in a letter saying they couldnt enforce it.
I asked for sight of an agreement through cabots website a few months ago and havent received anything . i understand i must now do it again but make it a formal request.i will amend my defence to reflect this.
So can i not make mention in my defence that i have a signed letter from the bank saying they couldn't enforce agreement ?

Have you still got that letter? Any chance you could scan it or take a photo with your phone or digital camera and post it up here? We should really look at that before going further. :typing:

You may want to look at this thread with regards to posting up documents: http://www.legalbeagles.info/forums/...r-details-safe!) :nerd:

[FlamingParrot]

Re: Cabot Financial / Mortimer Clarke Solicitors County Court Claim - Advice Please

Received a reply from Cabots in response to my CCA Request .............they have advised they don't have it and have contacted the Bank of Scotland who themselves advised they didn't have it back in 2010 . Standard 40 day reply .

That's a standard template and if they couldn't produce it in 2010 what are the chances... No need to chase that one but take a look at my post above. :thumb:

Spoke to Mortimers solicitors today to find out where their reply to my CPR request is and they informed me that they have placed the claim on hold until the 30th October 2014. I have asked for an email and letter confirming this .

I checked the state of the claim on line and it doesnt appear to mention that the date has been extended , i have emailed the courts informing them of the extension and also requested that mortimers confirm this to the court.

My quandry now is what about my defence which i understand needs to be filed by this Friday ! I assume i will now have more time but don't have any confirmation bar the telephone conversation so would appreciate some advice please . Do i just file it as it is with mention of the extension ?

You need to get them to email you saying they agree to an extension to file your defence in accordance with CPR 15.5 so you can then forward that to the court. :typing:

[BLUEOTTER]

Re: Cabot Financial / Mortimer Clarke Solicitors County Court Claim - Advice Please

2010 letter from bank , it is signed on the reverse. I have emailed mortimers requesting that they contact the court and obtain an extension to the 30th October in line with what they advised me on the telephone , i copied the court in as well.

[BLUEOTTER]

Re: Cabot Financial / Mortimer Clarke Solicitors County Court Claim - Advice Please

My 33 days are up on saturday so not long ,ideally i'd like to file my defence today so advice on that welcome please.
The Claimants poc's are listed on post 19 and my defence will run along these lines at the moment so appreciate a look over by people more knowledgable than me please especially the last third in bold.

The particulars of the Claim are denied.
I have no recollection of an agreement with the Bank of Scotland.
In response to a previous formal CCA request the Bank of Scotland stated in a signed letter to me dated 15th July 2010 that they did not hold an original or indeed a copy of any agreement between myself and the Bank and that they would therefore not seek to enforce any said agreement.

I have formally made a CCA request to the current claimant and they have been unable to provide one ,advising by letter that they require another 40 days to be in a position to comply.
I have formally made a CPR request to the Claimants Solicitors ,their reply is now 4 days overdue the allotted time and i have been advised by a Mortimer Clark employee that the case has been placed on hold until 30th October 2014.

The Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and
(b) show how the Defendant has reached the amount claimed for;
(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;


As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

Until such time the Claimant can comply with my request for a copy of the agreement it relies upon, they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974.

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[Amethyst]

Re: Cabot Financial / Mortimer Clarke Solicitors County Court Claim - Advice Please

needs a little work - give me a little bit xxx

[Amethyst]

Re: Cabot Financial / Mortimer Clarke Solicitors County Court Claim - Advice Please

Okay I meant to amend a couple bits, but was simpler to rewrite it (sorry) it's more personal and not just obviously copied and pasted bits that you don't quite understand xxx completely up to you if you use it or prefer the less personal approach, check through it anyway and make any amendments necessary - Judges ARE human and you can use the law without sounding like a pretend lawyer aka '' On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.'' lol.




1: I received the claim number XXXXX on the XXXXXXXXXXXXXXX

2: The claim is for an alleged credit card account with the Bank of Scotland regulated under the Consumer Credit Act 1974.

3: I do not recollect holding a credit card with the Bank of Scotland. I understand that Bank of Scotland have ownership of a number of businesses who currently, or historically, offer credit card facilities. There is nothing within the Claimants claim which identifies the specific account they are claiming on. I do have a number of debts from a number of years ago before my financial circumstances worsened and I have been making my best efforts to sort things out.

4: I have previously communicated with the Bank of Scotland (the original creditor) regarding the alleged debt following communication from them in 2010. During this communication I made a formal request for a copy of the original credit agreement under s. 78 of the Consumer Credit Act 1974 in order to find out exactly what the alleged debt was in relation to.

5: The Bank of Scotland were unable to comply with my request and responded in a letter on 15th July 2010 stating

'' As we have been unable to provide the original terms and conditions we will not seek to enforce the agreement as defined by the case of McGuffick v RBS"

and accepted that

"the lender is merely prevented from seeking an enforcement order from the court"

6: It would appear that following this communication Bank of Scotland have assigned the debt to the Claimants, however I have never received a notice of assignment of the debt from Bank of Scotland.

7: On receipt of the County Court papers in the current case I responded to the Claimants with a formal request for a copy of the original credit agreement under s.78 Consumer Credit Act 1974 with a postal order for the £1 statutory fee.

8: 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 therefore enforce the agreement.

9. In addition I have written to the Claimants Solicitors asking for copies of documents mentioned in their statement of case, pursuant to CPR 31.14.

10. I have not been sent copies of any documents.

11. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

12. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

13. Should the Claimants comply fully with my request under s.78 Consumer Credit Act 1974 then I will amend my defence accordingly but ask the Claimants to bear the costs, as they should have had sight of the documents in the case before bringing the claim through the courts.

[BLUEOTTER]

Re: Cabot Financial / Mortimer Clarke Solicitors County Court Claim - Advice Please

Thank you , as discussed i will tweak it a little to remove any ambiguity , thank you very much for your advice.As of today i still havent received confirmation from mortimers to their statement on monday that they have placed the case on hold until late october.
I have though emailed the court and will appraise my MP , its just a shocking lamentable way to treat people , i'll have plenty to say should we get to court.

[Kati]

Re: Cabot Financial / Mortimer Clarke Solicitors County Court Claim - Advice Please

If you've informed the court and have your MP involved then, hopefully, everything should be OK on the 'put on hold' side of things :tinysmile_twink_t2: xx

[BLUEOTTER]

Re: Cabot Financial / Mortimer Clarke Solicitors County Court Claim - Advice Please

We shall see Kati ! Defence submitted and confirmed ,I'll update with developments as they unfold..

[Kati]

Re: Cabot Financial / Mortimer Clarke Solicitors County Court Claim - Advice Please

We shall see Kati ! Defence submitted and confirmed ,I'll update with developments as they unfold..

Got my fingers crossed for you xx

[Amethyst]

Re: Cabot Financial / Mortimer Clarke Solicitors County Court Claim - Advice Please

Excellent.

Even if they did come back and confirm it was on hold, you are still absolutely right to put in your defence if they didn't agree a 28 day extension, or if that extension period had come to an end.

[BLUEOTTER]

Re: Cabot Financial / Mortimer Clarke Solicitors County Court Claim - Advice Please

Indeed the worry was that If I didn't file a defence and they hadn't applied for an extension then I could have left myself open to a summary judgement and I'm not up for that.