Court Claim - uzi9mm vs Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

[uzi9mm]

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 10/10/2005 ('the Agreement') LTSB agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 4026.38

Have sent:
Acknowledged the Claim

Send A CCA REQUEST
Reply received-
We currently do not have the information on file, however we have requested the relevant details, which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender.

We acknowledge the 12 day limit to provide this information before the account becomes unenforceable, however as we have to request the details from the original lender we anticipate that we will be able to provide this within 40 days, In the unlikely event we are unable to obtain this information within those time limits, we will write to you again.

CPR request to the CLAIMANT'S SOLICITORS
No Reply.

Hi, come across this nice forum, appreciate all the hard work and effort to fight the battle together. Plenty of love for each other.


Anyway, can someone please advise me how to go about putting in my defense.

Thanks

[FlamingParrot]

Re: Court Claim - uzi9mm vs Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

Hi and welcome aboard

You have received Cabot's standard template letter response to each and every CCA request they receive, no idea where they got the 40 days from, the law states they should respond in 12 + 2 working days. There is, however, no need to chase that request since non-compliance is a bar to enforcement, for as long as the breach remains (meaning they can send you the documents at any time and then they'd have to be assessed on their own merits). :thumb:

You should, however, chase the CPR request with Mortimer Clarke, you can do it by letter, phone and/or email to save time. You can tell them that they should have had the documents relied on before issuing the claim and you need them to prepare your defence, so would they be so kind as to agree to a 28 day extension to file your defence as allowed under CPR15.5. They would have heard this dozens, if not hundreds of times before, and MC usually tend to agree to the extension. If that's the case, it's your responsibility to inform the court of the agreement. :typing:

If you get an extension, the 28 days are added on top of the 33 days you originally had from date printed on claim to file a defence. It's usually a good idea to ask for the extension if only to show you have been taking every step to obtain their evidence before filing a generic defence. If you don't get an extension agreed and the deadline approaches, you'll need to file something similar to this: http://www.legalbeagles.info/forums/...t-Court-Claims

Do keep us posted! :ranger:

[uzi9mm]

Re: Court Claim - uzi9mm vs Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

The solicitors are ignoring me. Any suggestions for a good defence.

Sorry to be lame. I appreciate all help given.

[FlamingParrot]

Re: Court Claim - uzi9mm vs Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

The solicitors are ignoring me.

That's not unusual, however, MC often do agree to the 28 day extension. At this stage, it may be best to send an email and follow up with a phone call, that way they can't just ignore your communications.

Any suggestions for a good defence.

Sorry to be lame. I appreciate all help given.

You've still got some time left before your deadline, even without an extension. If you haven't got any documents, you need to file a generic defence. I posted up a link to an example defence on my post above.

[uzi9mm]

Re: Court Claim - uzi9mm vs Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

Okay, got a letter agreeing to a extension of 28 days, as the solicitors don't have a copy of the agreement at the moment I presume! They are taking client instructions. Rang the MCOL they noted the extension via the telephone.

[uzi9mm]

Re: Court Claim - uzi9mm vs Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

I have put in my standard defence as above. The solicitors have sent me a letter saying the matter has been placed on hold. Can I have it struck out? They don't have the agreement which they relied on, now complied with my requests.

[nemesis45]

Re: Court Claim - uzi9mm vs Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

Okay, got a letter agreeing to a extension of 28 days, as the solicitors don't have a copy of the agreement at the moment I presume! They are taking client instructions. Rang the MCOL they noted the extension via the telephone.

What ever MCOL has said you must inform the court in writing that an extension has been agreed.

Have you done the CCA request and CPR 31.14 request?

Apart from non compliance with the above what else do you have to submit in defence of this claim?

nem

[uzi9mm]

Re: Court Claim - uzi9mm vs Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

I have emailed MCOL about extension with copy of letters from Solicitors showing extension agreement, but I have completed my defence now.

Solicitors are awaiting the copy of the agreement and placed case on hold.

[nemesis45]

Re: Court Claim - uzi9mm vs Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

I have emailed MCOL about extension with copy of letters from Solicitors showing extension agreement, but I have completed my defence now.

Solicitors are awaiting the copy of the agreement and placed case on hold.

Has your defence been filed and passed to the claimant?

nem

[uzi9mm]

Re: Court Claim - uzi9mm vs Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

Yes it has.

[nemesis45]

Re: Court Claim - uzi9mm vs Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

Yes it has.

Good the claimant has 28 days from the date they received the defence to respond.


nem

[uzi9mm]

Re: Court Claim - uzi9mm vs Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

The claimant has not responded via the court but sent a letter saying they do not have the agreement and will not pursue the matter further. Do you have any suggestions as to what I do next?
Counter claim for my costs and get it struck off. Thanks