court form from mortimer clarke

[baldy1967]

Re: court form from mortimer clarke

Had SAR back from captal 1 today lots of statements printouts etc there is a default notice there, but they are saying the account was sold to cabot 27/9/15 the letter in post 7 from capital 1 says sold to cabot 24/9/15 and there is no copy of this letter from capital1 in SAR could cabot faked this letter? do i need to change anything in my defence?, mortimer have still not sent the default notice from capital 1

[baldy1967]

Re: court form from mortimer clarke

Bump could some body please have a look for me

[baldy1967]

Re: court form from mortimer clarke

ok with the new info i have had with my SAR I have amended my defence can somebody please have a read and let me know if anything needs to be changed thank you
Defence
1: I received the claim ####### from the Northampton County Court on 3^rd February 2017

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 Credit Card agreement regulated under the Consumer Credit Act 1974.

4: It is admitted that the Defendant has previously entered into an agreement with Capital one for provision of credit.

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

5. 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.

6: On the 3^rd February 2017 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 I requested the Claimant provide copies of the Agreement, Formal demand, Default Notice and Notice of Assignment .

7. Mortimer Clarke Solicitors has sent only Agreement, Formal Demand, Notice of Assignment

8: Cabot Finanical Limited Notice of Assignment does not match the date capital one assigned the account and I belive the letter has been faked.

9: The claimant makes no mention of serving a Default Notice in their particulars of claim.

10: The right to seek relief arises once the debtor has failed to comply with lawful demands within the requisite time period of 14 days from the date of being served a valid Default Notice as provisioned for under a section 88 of the Consumer Credit Act 1974.

11: In the absence of service of a Default Notice, no right arises under section 87 of the Consumer Credit Act 1974 to claim relief from the debtor.

12: I would therefore ask the court to consider that as the claimant has not issued a Default Notice to the defendant, the claimant has no legal right to seek relief.

13. 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.

14. On the 3rd February 2017 I sent a formal request for a copy of the original agreement to cabot financial uk limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

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

16. 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.

17. 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.

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

[baldy1967]

Re: court form from mortimer clarke

could somebody please be so kind and have a read through my defence please @nemesis45 @charitynjw @Diana M

[baldy1967]

Re: court form from mortimer clarke

so my defence is due this week is anybody willing to read through and advice? or is it true we have to pay to get further advice

[charitynjw]

Re: court form from mortimer clarke

so my defence is due this week is anybody willing to read through and advice? or is it true we have to pay to get further advice

Where did this 'truism' come from?

[baldy1967]

Re: court form from mortimer clarke

Where did this 'truism' come from?

few sites saying this 'they help first then let you sit with no answer when its inportent so you will jon they paid part or pay for a soliciter to write your defence'

[Amethyst]

Re: court form from mortimer clarke

6: On the 3^rd February 2017 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 I requested the Claimant provide copies of the Agreement, Formal demand, Default Notice and Notice of Assignment .

7. Mortimer Clarke Solicitors has sent only Agreement, Formal Demand, Notice of Assignment

Think that you should say ' Mortimer Clarke Solicitors has failed to send a copy of the Default Notice.'

8: Cabot Finanical Limited Notice of Assignment does not match the date capital one assigned the account and I belive the letter has been faked.

I received a copy of the purported Notice of Assignement, however the date given does not match the date of alleged assignment stated in xxxxx(wherever you got the date from). I contend that the document copy provided is not a true copy of the Notice of Assignment.

14. On the 3rd February 2017 I sent a formal request for a copy of the original agreement to cabot financial uk limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

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

You mentioned they sent the agreement up in paragraph 7. So need to consider the arguments there. Of course it seems they sent the agreement under your CPR request as opposed to your CCA request but that's not really going to work as a full defence in court. So going to read back see if I can find the agreement in the docs you uploaded and whether theres any issues.

[Amethyst]

Re: court form from mortimer clarke

few sites saying this 'they help first then let you sit with no answer when its inportent so you will jon they paid part or pay for a soliciter to write your defence'

oh really ? well that is utter tosh. You're quite capable, as you have shown, of writing your own defence based on the guidance and templates, and other's examples around the forum. The VIP part of the forum is simply access to more areas and a bit more privacy - it doesn't get special treatment / help etc, it's a way to reward people who want to donate to help support the forum.

Do you want to point me to these discussions elsewhere ? as no one has contacted me, or raised any concerns with us about this misconception and it obviously needs stamping on.

Plus having a look back you have had lots of help so far????

[Amethyst]

Re: court form from mortimer clarke

Did they send a recon of the terms from the agreement ( as they are illegible as it stands )

[baldy1967]

Re: court form from mortimer clarke

Did they send a recon of the terms from the agreement ( as they are illegible as it stands )

no still same copy its a tiny bit clearer than it shows on this site but very hard to read

[Amethyst]

Re: court form from mortimer clarke

can you read the version number at the bottom?

Also if you can make anything out can you see if there are any references to paragraphs that aren't contained on that document?

[baldy1967]

Re: court form from mortimer clarke

can you read the version number at the bottom?

Also if you can make anything out can you see if there are any references to paragraphs that aren't contained on that document?

can hardly read anythng on the agreement even with glasses on and magnifying glass this is the latest second copy they sent me

version number= if you mean the number and letters in right hand corner bottom (inside red box i have drawn) then NO cant even make them out properly with a glasses on and magnifying glass No version number on 2nd page

[MIKE770]

Re: court form from mortimer clarke

PDF?

[Diana M]

Re: court form from mortimer clarke

few sites saying this 'they help first then let you sit with no answer when its inportent so you will jon they paid part or pay for a soliciter to write your defence'

What is your claim Issue Date (I can't see it obviously on your thread)? Your Defence deadline is 33 days from that date.

I can see your thread started on 3rd February where you said you'd received the claim that morning. Allowing 5 days for service (guesswork on my part) then your Defence deadline would be 3rd March (next Friday) or possibly Monday 6th March.

You tagged my name on Friday afternoon. I wasn't around this weekend (it was my birthday). If your Defence isn't due yet I'm not sure why the sense of urgency and feelings of abandonment.

The thing is law firms have P.I. insurance which means we can't (or shouldn't) draft a Defence or Witness Statement etc without having sight of the original unredacted documents, the full history of the debt, the associated facts, including a face to face meeting with the client who must sign a Client Care letter before anything can be advised or drafted on their behalf. Otherwise we could be sued or at worst struck off!

At least helping on the forum 'at first' points the poster in the right direction so it's not all bad.

I'm also a great believer in empowering people to help themselves.

I hope this post helps to put things in context. Don't believe everything you read on the internet.

Di