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

[Amethyst]

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

This is all that is needed. You can attach a scan of the claimant's agreement letter if you want but there is no requirement to.

To inform the court in writing;


Email something along these lines to ccbcdefendants@hmcts.gsi.gov.uk



SUBJECT: xxxxCLAIMANTxxxx v xxxxDEFENDANTxxxxx CASE NO: XXXXXX - EXTENSION OF TIME FOR FILING DEFENCE
-------------------------------------------------------------
Dear Sirs

The defendant and the claimant in claim XXXXXX have agreed that the period for filing a defence specified in rule 15.4 shall be extended by 28 days as allowed under CPR 15.5. This extends the date for filing of a defence to 18th August 2014.

Kind regards

xxxxxxxxx
Defendant

[NeilC2015]

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

Help please!

I did all of the above and have not heard anything from Mortimer Clarke or Cabot, it's now been 41 days since their last correspondence saying they would get back to me within 40 days...
However having re-read other posts I have not yet filled a defence... I was under the impression I had to wait for their response... is it too late now? Will I be passed judgement anyway???

Help

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Also, do I need to use a different defence template? The one in the links I have seen is for debts of £10,000 and under... mine is for £14,000???

Thanks

[FlamingParrot]

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

I did all of the above and have not heard anything from Mortimer Clarke or Cabot, it's now been 41 days since their last correspondence saying they would get back to me within 40 days...

That's just a standard template letter they send out to everyone who sends a CCA request.

However having re-read other posts I have not yet filled a defence... I was under the impression I had to wait for their response... is it too late now? Will I be passed judgement anyway???

Help

You need to file a defence before the deadline regardless of whether you get a response or not. On post #16 where you emailed the court to notify them that an extension had been agreed, it looks like the deadline for your defence is today, August 18th! So you are just in time as it's just 11 minutes past midnight. :clock:

Default judgment is not just passed automatically when the extension expires, it has to be requested by the claimant. I'd say get a defence in as soon as you can. You should be able to do it online on the MCOL site. :typing:

Also, do I need to use a different defence template? The one in the links I have seen is for debts of £10,000 and under... mine is for £14,000???

Thanks

It does say there under £10k but if you haven't received any documents, the same points can be made regardless of the value of the claim. Being over £10k they would have no excuse for not complying with your request under CPR 31.14. :thumb:

[NeilC2015]

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

The 18th August was from the template... I worked out my 28days as the 6th August...? I will do it anyway, there is no update on MCOL so perhaps the claimant has done pursued???

I really need to get this done now, sorry but I'm really confused by the defence template... do you put it all in or just the parts that are relevant...?

Thanks again

[NeilC2015]

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

I've just checked the email that went to the courts, the deadline for defence was the 7th August...

[FlamingParrot]

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

The 18th August was from the template... I worked out my 28days as the 6th August...? I will do it anyway, there is no update on MCOL so perhaps the claimant has done pursued???

I've just checked the email that went to the courts, the deadline for defence was the 7th August...

A defence will be admitted as long as the claimant has not requested default judgment. ray: ray: ray:

I really need to get this done now, sorry but I'm really confused by the defence template... do you put it all in or just the parts that are relevant...?

Just the relevant bits, it's not a template as such and needs to be amended according to the details of the account and the particulars, i.e. if they did state when the account was opened you'd take that out, if you've got a DN or a NoA then you'd take that bit out. You also need to leave just either s.77 or s.78, 77 is for loans and 78 for credit cards. :thumb:

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The 18th August was from the template... I worked out my 28days as the 6th August...? I will do it anyway, there is no update on MCOL so perhaps the claimant has done pursued???

I've just checked the email that went to the courts, the deadline for defence was the 7th August...

A defence will be admitted as long as the claimant has not requested default judgment. ray: ray: ray:

I really need to get this done now, sorry but I'm really confused by the defence template... do you put it all in or just the parts that are relevant...?

Just the relevant bits, it's not a template as such and needs to be amended according to the details of the account and the particulars, i.e. if they did state when the account was opened you'd take that out, if you've got a DN or a NoA then you'd take that bit out. You also need to leave just either s.77 or s.78, 77 is for loans and 78 for credit cards.

[NeilC2015]

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

A defence will be admitted as long as the claimant has not requested default judgment. ray: ray: ray:

So if they have done this it would be too late...?

[FlamingParrot]

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

The 18th August was from the template... I worked out my 28days as the 6th August...? I will do it anyway, there is no update on MCOL so perhaps the claimant has done pursued???

I've just checked the email that went to the courts, the deadline for defence was the 7th August...

A defence will be admitted as long as they've not requested default judgment. ray: ray: ray:

I really need to get this done now, sorry but I'm really confused by the defence template... do you put it all in or just the parts that are relevant...?

Just the relevant bits, i.e. if the claim refers to a credit card you'd just leave s.78, s.77 is for loans. If you have a DN or a notice of assignment then you'd take those bits out. If the particulars do tell you when the account was opened then you take that out, etc. :thumb:

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A defence will be admitted as long as the claimant has not requested default judgment. ray: ray: ray:

So if they have done this it would be too late...?

Technically they could have requested it a week ago but give it a go and let's hope for the best. ray: ray: ray:

Sorry, double posted for some reason.

[NeilC2015]

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

Technically they could have requested it a week ago but give it a go and let's hope for the best. ray: ray: ray:

Could it be over turned???

[FlamingParrot]

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

Technically they could have requested it a week ago but give it a go and let's hope for the best. ray: ray: ray:

Could it be over turned???

Default judgment can sometimes be set aside but you'd have to have a good reason for not submitting your defence in time. :mmph:

[NeilC2015]

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

I'm guessing stupidity is not a defence!

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Soooo my defence is... does this look right, sorry but I'm seriously panicking now...

-------------------------------------

1: I received the claim B6CD81K4 from the Northampton County Court on 8^th June 2015

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for a Loan agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5: On the 21^st June 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors Ltd. I requested the Claimant provide copies of the Agreement.

6. Mortimer Clarke Solicitors Ltd has not sent any of these documents to me.

7. On the 21^st June 2015 I sent a formal request for a copy of the original agreement to CABOT FINANCIAL (UK) LIMITED pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

8. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

9: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

10. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

11. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

12. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

13. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[FlamingParrot]

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

That should do the trick! :thumb: Presumably you did receive a DN and a NoA as you've taken those bits out.

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Do let us know when you've successfully submitted it. :typing:

[NeilC2015]

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

What is a DN and a NoA?

[NeilC2015]

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

No I don't believe I have, I have added the DN & NoA parts and have submitted my defence...

Thank you again for your help...

[nemesis45]

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

No I don't believe I have, I have added the DN & NoA parts and have submitted my defence...

Thank you again for your help...

Default Notice, Notice of Assignment.