Court Claim - Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

[NeilC2015]

Received a claim? Yes
Issue Date: 08-06-2015
Claimant: Cabot Financial (UK) Limited
Solicitor: Mortimer Clarke Solicitors Ltd
Original Credit: Lloyds TSB

Particulars of Claim:
By an agreement between LLOYDS TSB (LTSB) & the Defendant on or around 04/05/2011 ('the Agreement') LTSB agreed to loan the Defendant monies. The Defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 14026.38

Have sent: Acknowledged the Claim

Other Info: I have acknowledged the claim online this evening and will get the CCA & CPR sent tomorrow by recorded delivery, this would have be down earlier but just got back from hols!

Any other guidance would be greatly appreciated!

[NeilC2015]

Re: Court Claim - Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

Hi,

I've just noticed on the CCA Request Letter Template it mentions an Account Number however this is for an old loan, should I use the Claim No. from the Claim Form...?

Thanks again!

[FlamingParrot]

Re: Court Claim - Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

Hi,

I've just noticed on the CCA Request Letter Template it mentions an Account Number however this is for an old loan, should I use the Claim No. from the Claim Form...?

Thanks again!

The particulars of claim give the start date of the loan as May 2011, is that correct?

The claim number would have nothing to do with the account number of the loan. Did you receive any letters from Lloyds, Cabot or Mortimer Clarke before the claim? They should all quote the account number.

[NeilC2015]

Re: Court Claim - Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

Thanks FlamingParrot

[NeilC2015]

Re: Court Claim - Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

Hi,

I've received a letter from Cabot and another from Mortimer Clarke, their solicitors...

I've attached pics of the letters... with my personal details covered.

Do I need to forward these to MCOL? Any help greatly appreciated...

[FlamingParrot]

Re: Court Claim - Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

Hi,

I've received a letter from Cabot and another from Mortimer Clarke, their solicitors...

I've attached pics of the letters... with my personal details covered.

Do I need to forward these to MCOL? Any help greatly appreciated...

You only need to forward the letter from Mortimer Clarke to inform the court of the extension agreed, that gives you 28 days on top of your previous deadline to file your defence. :thumb:

The Cabot letter is just their standard template response to every CCA request.

[NeilC2015]

Re: Court Claim - Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

Ok thanks... How do I forward that letter..?

[nemesis45]

Re: Court Claim - Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

Hi,

I've received a letter from Cabot and another from Mortimer Clarke, their solicitors...

I've attached pics of the letters... with my personal details covered.

Do I need to forward these to MCOL? Any help greatly appreciated...

No need to do anything but file and keep safe so you can check the dates etc., they are standard templates.

nem

[FlamingParrot]

Re: Court Claim - Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

Ok thanks... How do I forward that letter..?

You can send the letter by post and/or scan it and send it by email for the sake of speed.
You'll find their contact details here: https://www.justice.gov.uk/courts/no...rt-bulk-centre
This is the email address for defendants, emails should be headed with the claim number and details of the parties: ccbcdefendants@hmcts.gsi.gov.uk

No need to do anything but file and keep safe so you can check the dates etc., they are standard templates.

nem

I'm sorry but this only applies to the Cabot letter, the one from Mortimer Clarke needs to be sent to the court to inform them that an extension has been agreed. :typing:

[jon1965]

Re: Court Claim - Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

FP
Will a copy, say a scan or photocopy suffice for the court so the OP can keep the original?

[nemesis45]

Re: Court Claim - Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

Do Not send the original Sols letter to the court just a copy!!

[jon1965]

Re: Court Claim - Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

Do Not send the original Sols letter to the court just a copy!!

So to confirm, a copy of the solicitors letter needs sending to the court and NOT just filing

[FlamingParrot]

Re: Court Claim - Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

FP
Will a copy, say a scan or photocopy suffice for the court so the OP can keep the original?

I'd say the easiest and fastest way would be to scan the letter and send it by email to the court which is what most people have been doing. :typing:

Later on they should ring and check that it's been received, although it can take several days for the bulk centre to process everything (hardly surprising in view of the volume of claims!).

So to confirm, a copy of the solicitors letter needs sending to the court and NOT just filing

Yes, it has to be sent, CPR 15.5(2) clearly says that the DEFENDANT must notify the court of the extension: https://www.justice.gov.uk/courts/pr...es/part15#15.5

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

[nemesis45]

Re: Court Claim - Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

The defendant must notify the court in writing i.e. The defendants writing!!

nem

[jon1965]

Re: Court Claim - Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

I think you have taken the words in writing maybe a little too literally. Personally I would type it up and email the letter as an attachment with a note saying hard copy in the post.