Vango v Cabot (mortimer clarke)

[vango]

hi all, following of from advice given on MSE i find myself here having been issued a Court letter from Cabot for a figure in excess of £5k

i have taken the initial steps of sending the requires letters to both Mortimer Clarke and Cabot as well as acknowledging the claim on the money claim website.

i am in a tricky position as time is running out as i have been away working for the last week and my 28 days will be up soon. the timeline is .....

claim issued 29/04

AOS submitted 13/05

Letters sent 15/05

i have returned home to a letter from MC statiing they are willing to agree to the 28 day extension and i am to notify the court ( did i not do this with my AOS??)

they also state they believe i have already inspected the CCA form when the agreement was taken out, but i am to confirm to them what documents i have in my possession....

please can someone advise me of my next steps.

Thanks in advance

[Amethyst]

Re: Vango v Cabot (mortimer clarke)

First next step = let the court know of the agreed extension. It is 28 days ADDED to the date your defence was due - see http://www.legalbeagles.info/forums/...filing-defence how to notify the court etc - I'll just do the math's on your dates....

get that cracked first then we can see where you are at with your case xx


edit: okay tell the court the parties have agreed to an extension to Monday, June 29, 2015 ( issue date plus 33 days = defence date - + 28 day extension = Monday, June 29, 2015 )

they also state they believe i have already inspected the CCA form when the agreement was taken out, but i am to confirm to them what documents i have in my possession....

lol, they like to do that, but you should write back and remind them of their responsibilites under the consumer credit act - that is assuming this was a credit card or loan (as you haven't said ) -

who was the original creditor ? and what was the debt ?
when was the account originally opened ?

Could you type out the Particulars of claim and confirm what you have requested in your CPR 31.14 request and that you have sent a separate CCA request to Cabot pls. Or give me a link to your MSE thread if you've already posted the history of the debt there actually xxx

[vango]

Re: Vango v Cabot (mortimer clarke)

First next step = let the court know of the agreed extension. It is 28 days ADDED to the date your defence was due - see http://www.legalbeagles.info/forums/...filing-defence how to notify the court etc - I'll just do the math's on your dates....

get that cracked first then we can see where you are at with your case xx


edit: okay tell the court the parties have agreed to an extension to Monday, June 29, 2015 ( issue date plus 33 days = defence date - + 28 day extension = Monday, June 29, 2015 )

Can i do this Via e-mail, or do i need to post a letter? sorry for the inevitable silly questions, I'm sure you are used to people in panic mode!

sorry, just clicked the link and answered my own question

[Amethyst]

Re: Vango v Cabot (mortimer clarke)

Yip

I've added a bit to my previous post btw (I should really stop doing that!)

Yes you can send the extension by email to the court - it will still be at Northampton court so ccbcdefendants@hmcts.gsi.gov.uk - put your Claim Number as the subject - then claimants name v defendant name - EXTENSION TO DEFENCE DATE

eg: Claim XC45654 - Cabot v Vango - Extension to Defence Date.

and cc it to Cabot / Mortimer clarke if you have their email addy (if not don't worry)

[vango]

Re: Vango v Cabot (mortimer clarke)

i will do it now..... thank you again!

[vango]

Re: Vango v Cabot (mortimer clarke)

in response to your addition to your first response...

Lloyds credit card

i don't have the original court letter to hand but i think it said the agreement was 2006

as for my request to Mortimer Clarke, i asked for a copy of the agreement as that was all they made reference on the claim letter.

i hope that helps?

[Amethyst]

Re: Vango v Cabot (mortimer clarke)

cool beans then We'll be fine. did you send a CCA request to Cabot with a £1 ?

I'll pop back in tmw xxx

[vango]

Re: Vango v Cabot (mortimer clarke)

yes i did... I've also sent the e-mail to the CCBC

cheers, catch you tomorrow...

[vango]

Re: Vango v Cabot (mortimer clarke)

Sorry for the delay in updating this thread.... Ive been working away again.

Received 1 x letter from Cabot, stating they don't have a copy of the CCA so have requested one from Lloyds, they state in the letter this could take unto 40 days. surely this is after the deadline for the court?????

[FlamingParrot]

Re: Vango v Cabot (mortimer clarke)

Sorry for the delay in updating this thread.... Ive been working away again.

Received 1 x letter from Cabot, stating they don't have a copy of the CCA so have requested one from Lloyds, they state in the letter this could take unto 40 days. surely this is after the deadline for the court?????

If you look around, you'll see Cabot have been sending that very same template letter to everyone who sends them a CCA request, no idea where they got the idea from since 40 days is allowed for a SAR, it's 12+2 working days for a CCA request.

There's no need to chase the CCA request though, since non-compliance is a bar to enforcement, even if only while they are in default, i.e. they can produce the document at a later stage. If you don't get the documents before your deadline, you have the option to either apply for an unless order to get the court to force disclosure or file a generic defence based around the lack of documents. An example can be found here: http://www.legalbeagles.info/forums/...t-Court-Claims

[vango]

Re: Vango v Cabot (mortimer clarke)

Hi All, Not surprisingly I've not received any documentation from either party regarding the CCA, but I'm aware my defence deadline is rapidly approaching ( this coming Monday) can i now file my defence on this basis even though they have a few days left to come through or am i best to submit it over the weekend so its there monday morning?.

Again thanks in advance for the help.

[Amethyst]

Re: Vango v Cabot (mortimer clarke)

I doubt they will come by Monday, I would get it prepped to submit Friday so you are certain it is in on time. As you have had an extension you may not be able to submit via moneyclaim online so test out your log in to see, otherwise you'll have to get it posted Thursday really to reach court for Monday.

[vango]

Re: Vango v Cabot (mortimer clarke)

thank you, I've just logged on to MCOL and it will let me start via the link, I've gone as far as the 2nd screen where i have the max of 122 lines to submit my defence, I'm assuming I'm on the correct screen?

[Amethyst]

Re: Vango v Cabot (mortimer clarke)

Yep that's the chicky.. so you should be fine doing that over the weekend then - always best to check when on a deadline just in case you suddenly find out you have to email or post the defence.

You okay with the wordings of your defence ? Have you seen the example defence in the library section ?

[vango]

Re: Vango v Cabot (mortimer clarke)

yes , there is a link a few posts up, I've just copied and pasted, and I'm amending as i go along....

do i leave the points numbered? (obviously keeping them in sequence where edited)