Cabot Mortimer Clarke need advice plz :)

[jd655]

Re: Cabot Mortimer Clarke need advice plz

any joy with those amethyst

[Amethyst]

Re: Cabot Mortimer Clarke need advice plz

Morning, Apologies for not coming back yesterday. Time ran away with me.

Witness Statement

IN THE xxxxxxxxxxx COUNTY COURT

Claim No. xxxxxxxxxx

BETWEEN:

CABOT FINANCIAL LTD

Claimant

- and –

Defendant

xxxxxxxxxx

_________________________________
WITNESS STATEMENT OF xxxxxxxxxxxxxxx
_________________________________

I xxxxxxxxxx of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx being the Defendant in this case will state as follows;

1: I make this Witness Statement in support of the application for an order that the judgment in this case Claim No. xxxxxxx Judgment dated 04/08/2014 be set aside.

CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or (b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or (ii) the defendant should be allowed to defend the claim.

2: I learnt of the existence of this claim on the 06/08/2014 when I received a letter from the Claimant requesting payment of the judgment forthwith [EXHIBIT A]

3: I did not receive a claim or any documentation regarding the claim from the Court or from the Claimant and was unaware of the claim until 06/06/2014.

4: I wrote to the Claimant asking for more details about the Claim as their letter [EXHIBIT A] gives no details about the original debt.

5. The Claimant has informed me in a letter dated 23/10/2014 [EXHIBIT B] the Claim is for a Credit Card with Shop Direct under an agreement dated 27/11/2005.

6: I am unaware of ever having held a Credit Card with Shop Direct. As far as I am aware Shop Direct operate Catalogues under brand names such as Littlewoods and Very. I do not believe I have ever had an agreement with Shop Direct for any account.

7: At the time of the alleged agreement I know I only had one credit card which was with HSBC. This was kept fully up to date and I had no other credit as at that time I was going through Mortgage Application process in order to purchase a property and was being very careful with regards my finances.

8: On receiving the information given in EXHIBIT B I have asked the Claimants to provide more details and evidence of the debt. I have requested;

a) A copy of the original credit agreement under s.78 of the Consumer Credit Act 1974
b) A full Subject Access Request under the Data Protection Act.

9: I have also raised a formal complaint with the Claimant which the Claimant has received and has informed me they are investigating why I did not receive any Court Papers. [EXHIBIT C]

9. I have not yet received any documentation to evidence this debt from the Claimant.

10: On 5/11/2014 I spoke to the Claimant by telephone to ask if they were agreed to setting the Judgment aside considering they have not yet provided me with any documents to evidence the debt exists. They declined.

11: I therefore ask that the Court sets aside the judgment in this claim and directs the Claimants to provide the relevant information for me to be able to assess my position with regards this claim, and thereafter for me to be able to submit a defence to the claim, if appropriate.

Statement of Truth
I, xxxxxxxxxxxxx , the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: ________________________________

__________________________________________________ ______
Draft Directions
__________________________________________________ ______


IT IS ORDERED THAT:
Upon reading the defendant's application dated 04/11/2014 It is ordered that:


1. The judgment dated 4th August 2014 be set aside.

2: The Claimant shall by 4pm on ……………………………… 2014 (14 days from the date of this order) provide the Defendant with copies of the following documents
a) The Agreement
b) The Default Notice
c) The Notice of Assignment
d) A Statement of the Account showing the last payment the Defendant made to the account.


3: If the Claimant fails to comply with paragraph 2 the Claim shall stand struck out without further order.


3: Upon the Claimant complying with paragraph 2 the Defendant shall file and serve his Defence by 4pm on……………………………… 2014.


4. The Claimant do pay the Defendant's costs of this application to the sum of £50.


5. The Claimant has permission to file and serve a reply if so required.

[Amethyst]

Re: Cabot Mortimer Clarke need advice plz

N244



Change Paragraph 3 to read:

An order ( a draft of which is attached) that the default Judgment in this case be set aside under CPR 13.3 and that the Claimant provide the Defendant with documents to evidence the Claim.

The Claim Form was not received by the Defendant and the Defendant only became aware of the Judgment on 11/06/2014 when the Claimant wrote to him asking for payment. The Defendant has asked for more information about the Claim from the Defendant and has asked for Documents to evidence the claim as it is not recognised by the Defendant as a debt that is owed.

Change tick box on Paragraph 5 to without a hearing. and leave Paragraph 6 tick boxes blank.

[Amethyst]

Re: Cabot Mortimer Clarke need advice plz

The court might come back and say you have to pay the fee for an application hearing - which is £155 - if you DO qualify for fee remission then apply for with a hearing now, but if not, apply for without a hearing and pay £50, but be aware it may need to be 'upgraded' later.

I haven't done a draft defence as there isn't one until you have documents to enable you to assess the claim. The Court may order the documents and put the Judgment on hold rather than setting it aside, hearing the set aside application after documents have been received.

Do you recall having any catalogue accounts ?

The paragraph where you say you did not have any store or credit cards in 2005 - is there a reason specifically you are sure of this - eg. were you away, unemployed, had no credit, too young etc etc - if there is a reason you could not have had this credit account then put that in. If not anything specific leave it as is.

[jd655]

Re: Cabot Mortimer Clarke need advice plz

Hi Amethyst

i probably will not qualify for any discount.
to my knowledge i can not recall having any catalogues at that time.
the reason for that paragraph is that i had 1 credit card with HSBC, i have never ever had any other credit card, and that was paid off.,
when i bought the house off my father.

I will get these forms ready and get to the court today so i can get a halt on the bailiff order for attachement of earnings

[Amethyst]

Re: Cabot Mortimer Clarke need advice plz

Okay let me add that on then. Thank you xx

[Amethyst]

Re: Cabot Mortimer Clarke need advice plz

Have just amended a little bit

7: At the time of the alleged agreement I know I only had one credit card which was with HSBC. This was kept fully up to date and I had no other credit as at that time I was going through Mortgage Application process in order to purchase a property and was being very careful with regards my finances.

[jd655]

Re: Cabot Mortimer Clarke need advice plz

thanks amethyst

have amended the documents

[jd655]

Re: Cabot Mortimer Clarke need advice plz

Hi Amethyst

Received the subject access request order, have scanned the docs and emailed them to you.


Kind Regards


JD655

[jd655]

Re: Cabot Mortimer Clarke need advice plz

Hi All

Received today Papers off Mortimer Clark :- Draft Order . Letter of discontinuance

1. Judgement Granted on 04/08/2014 be set aside upon the consent of the parties
2. the claim against the defendant be discontinued
3. the registration entry be cancelled
4. no order as to costs.

the draft copy to the court :-

discontinous all of this claim.


To everyone that has helped, thank you so much, massive weight lifted off right on top of xmas.


Happy Christmas to everyone



JD655

[FlamingParrot]

Re: Cabot Mortimer Clarke need advice plz

Hi All

Received today Papers off Mortimer Clark :- Draft Order . Letter of discontinuance

1. Judgement Granted on 04/08/2014 be set aside upon the consent of the parties
2. the claim against the defendant be discontinued
3. the registration entry be cancelled
4. no order as to costs.

EXCELLENT NEWS! :cancan::cancan::cancan:

A Merry Xmas to you too! :christmas3: