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

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

    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
    Tags: None

  • #2
    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:

    Comment


    • #3
      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.

      Comment


      • #4
        Re: Court Claim - uzi9mm vs Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

        Originally posted by uzi9mm View Post
        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.

        Originally posted by uzi9mm View Post
        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.

        Comment


        • #5
          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.

          Comment


          • #6
            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.

            Comment


            • #7
              Re: Court Claim - uzi9mm vs Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

              Originally posted by uzi9mm View Post
              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

              Comment


              • #8
                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.

                Comment


                • #9
                  Re: Court Claim - uzi9mm vs Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

                  Originally posted by uzi9mm View Post
                  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

                  Comment


                  • #10
                    Re: Court Claim - uzi9mm vs Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

                    Yes it has.

                    Comment


                    • #11
                      Re: Court Claim - uzi9mm vs Mortimer Clarke / Lloyds (Cabot) - 8-6-2015

                      Originally posted by uzi9mm View Post
                      Yes it has.
                      Good the claimant has 28 days from the date they received the defence to respond.


                      nem

                      Comment


                      • #12
                        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

                        Comment

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                        SHORTCUTS


                        First Steps
                        Check dates
                        Income/Expenditure
                        Acknowledge Claim
                        CCA Request
                        CPR 31.14 Request
                        Subject Access Request Letter
                        Example Defence
                        Set Aside Application
                        Directions Questionnaire



                        If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                        NOTE: If you receive a court claim note these dates in your calendar ...
                        Acknowledge Claim - within 14 days from Service

                        Defend Claim - within 28 days from Service (IF you acknowledged in time)

                        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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