CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

[Kandis]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Got exactly the same letter on the 25th Jan.
Nice and original!
🤓

[nemesis45]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

We do request the extension in the CPR request letter

In the same envelope but not the same document.

nem

[khadkabin]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Hi,

No response received from Cabot so far in regards to my CCA request.
Standard letter received from Mortime with no documents
The deadline for filing the defense is 13/02/2016 ( Claim date 11/01/2016). as this falls on Saturday, I was thinking of filing the defense tomorrow. could someone please have a look at the defense below:

1: I received the claim XXXXXX from the Northampton County Court on 16 January 2016

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

3: This claim appears to be for a Credit Card 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. The Claimants statement of case states that the account was assigned from Capital One to Cabot financial No Date. The statement of case fails to identify the date of assignment. The Defendant does not recall receiving notice of this assignment.

6. It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

7: On the 18/01/2016 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke solicitors I requested the Claimant provide copies of the Agreement, Notice of Assignment and Termination Notice.

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

9. On the 18/01/2016 I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

11. 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.

12. 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.

13. 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.

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

Thanks

[khadkabin]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

In the same envelope but not the same document.

nem

Nem
Can you help me please

[nemesis45]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Hello Khardkabin,
Well done on the defence.


Don't for get the " Statement of Truth " at the end and
the " Header" i.e.

Claim No. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,


Between:

Cabot Financial ( UK) Ltd Claimant

and

Your name Defendant

Of Your address.

Good luck!!

nem

[khadkabin]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Hi nem,

I havent heard anything back since filing the defence on 12th Feb. Any suggestion?

thanks

[khadkabin]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Hello Khardkabin,
Well done on the defence.


Don't for get the " Statement of Truth " at the end and
the " Header" i.e.

Claim No. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,


Between:

Cabot Financial ( UK) Ltd Claimant

and

Your name Defendant

Of Your address.

Good luck!!

nem

Nem

See attached the letter received from Mortimer. what would be the next course of action?

[nemesis45]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Nem

See attached the letter received from Mortimer. what would be the next course of action?

Good morning,

Don't be fooled by the " On Hold" statement the court process continues as normal. Cabot has 28 days from the date they received your defence that's all "on hold " or not so if/when you get more forms from the court complete and return them as directed asap, so you don't give Cabot a chance to apply for judgement.
Count the days from receipt of MC's letter if there in nothing more from Cabot ( i.e. a letter confirming that they are proceeding with the claim) after the 28 days you will need to check with the court to see if the claim is stayed.

nem

[khadkabin]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Good morning,

Don't be fooled by the " On Hold" statement the court process continues as normal. Cabot has 28 days from the date they received your defence that's all "on hold " or not so if/when you get more forms from the court complete and return them as directed asap, so you don't give Cabot a chance to apply for judgement.
Count the days from receipt of MC's letter if there in nothing more from Cabot ( i.e. a letter confirming that they are proceeding with the claim) after the 28 days you will need to check with the court to see if the claim is stayed.

nem

Hi Nem,

thanks. do i count 28 days from defence or 28 days from the letter i received about the matter being on hold?

[nemesis45]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Hi Nem,

thanks. do i count 28 days from defence or 28 days from the letter i received about the matter being on hold?

28 days from issue date.
nem

[khadkabin]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

28 days from issue date.
nem

Got this response from cabot. Do i need to do anyhting

[nemesis45]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

The important thing to remember is that Cabot's "on hold" means nothing in regard to the court process which carries on as normal,
Keep an eye on the post.

nem

[khadkabin]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Nem

Been in touch with court today and the court told me that the case is now stayed. Any further action i need to take

The important thing to remember is that Cabot's "on hold" means nothing in regard to the court process which carries on as normal,
Keep an eye on the post.

nem

[MIKE770]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Stayed then they would have to pay to un stay it anytime in the future, the ball is in their court now.

nothing at this stage you need to do! unless you hear anything at a later date

[nemesis45]

Re: CCJ Recieved Cabot finance, Mortimer Clarke Solicitor

Nem

Been in touch with court today and the court told me that the case is now stayed. Any further action i need to take

Ok stayed because Carboot could not respond to the defence you can now consider applying for the claim to be struck out fee payable or " invite " the claimant to discontinue the claim.

nem

- - - Updated - - -

Nem

Been in touch with court today and the court told me that the case is now stayed. Any further action i need to take

Ok stayed because Carboot could not respond to the defence you can now consider applying for the claim to be struck out fee payable or " invite " the claimant to discontinue the claim.

nem