cabot financial ltd + mortimer clarke

[Diana M]

Re: cabot financial ltd + mortimer clarke

do you think i should phone the court to see if they received my letter about the agreed extension ?

I would.

MCOL admits that they take at least 10 days (that's the target apparently) to update information received by post/email onto their database.

A phone call message for the file is always a good thing in case you need it later.

Once the information is uploaded that should put a bar on the MCOL database to prevent a Default Judgment.

Until that information is uploaded onto the system you'll be vulnerable to a CCJ.

Di

[troubleuk]

Re: cabot financial ltd + mortimer clarke

hi all so i need to get my defence in by the 12th of may could somebody please have a look and see if this is ok to send and also can i fill this out on the mcol website or do i need to post it to the court ??

thanks


1: I received the claim from the County Court Business
Centre Northampton on 13/04/2017




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.




3: 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 (UK)Limited. I do not recall receiving notice of this assignment.




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




7: On the 20 april 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 Ltd. I requested the
Claimant provide copies of the Agreement, Default Notice and
Notice of Assignment.




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




9. On the 25/03/2017 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.




10. 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.




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.




14. 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.




15. 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.




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




Statement of Truth




I believe that the facts stated in this Defence are true.




Signed …………………………………………
Dated …………………………………………


@warwick65 @Diana-M

[charitynjw]

Re: cabot financial ltd + mortimer clarke

hi all so i need to get my defence in by the 12th of may

Some mistake, surely!

[troubleuk]

Re: cabot financial ltd + mortimer clarke

Some mistake, surely!

ooops 12 of june

[Amethyst]

Re: cabot financial ltd + mortimer clarke

Defence sounds fine, pretty standard, cca claim - sent requests for info (CCA & CPR) and haven't had documents sent to you.

You have had a formal extension too haven't you - I'd put that in somewhere too... something like..

12: The Parties agreed to an extension of 28 days 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.

[troubleuk]

Re: cabot financial ltd + mortimer clarke

Ok thanks will add the extra paragraph do I post it via a letter or can I do it on MCOL

[Amethyst]

Re: cabot financial ltd + mortimer clarke

MCOL is simplest (if you can log in and if the number of characters fits of course !) Otherwise you can submit on paper to the court and send a copy to the claimant's sols.

[troubleuk]

Re: cabot financial ltd + mortimer clarke

Ok thanks my defence is due on the 14th but will send it on the 12th will keep you posted

[troubleuk]

Re: cabot financial ltd + mortimer clarke

Sorry what does claiments sols mean

[warwick65]

Re: cabot financial ltd + mortimer clarke

claimant = person named on the claim form as the claimant

Claimants sols = the solicitors acting for the claimant

[troubleuk]

Re: cabot financial ltd + mortimer clarke

thanks will keep you updated

[troubleuk]

Re: cabot financial ltd + mortimer clarke

Well my defence was today so how would I know what the outcome of this court case against me do I wait for letters ?? Thanks

[warwick65]

Re: cabot financial ltd + mortimer clarke

Hi
So you submitted your defence today?

Next step is to wait and see. The claimants have 28 days ( after they receive it) to decide if they are proceeding . If not the claim gets stayed but can be lifted pretty much when they want .

To be honest all you can do is wait and see, keep your eye on MCOL to see if there are updates

[troubleuk]

Re: cabot financial ltd + mortimer clarke

My court day was today I posted my defence on the 12th looked on MCOL and it days my defence was received today

thanks Warwick will keep my eye out

[troubleuk]

Re: cabot financial ltd + mortimer clarke

Just a quick update got a letter from court saying they received my defence and now I have to wait till Mortimer get in touch with me either to sort it out with me or proceed with court