Mortimer Clarke CCJ Help Please

[dinkmack]

Re: Mortimer Clarke CCJ Help Please

Thank you warwick. I've just converted it to pdf.

[charitynjw]

Re: Mortimer Clarke CCJ Help Please

http://www.justice.gov.uk/courts/email-guidance

You need to take a look at the defence example (Top of thread, green box) Draft out a defence using the last example in the link as an idea of the layout. (With court details, claim no., (Claimant) v (dinkmack) at the top,.... DEFENCE ....main body of text, 1.5 or double-spaced & sequentially numbered.....statement of truth + signature at bottom.

Copy/paste the completed version & print (you should sign the statement), scan to computer etc, put as attachment to email.
Email address - ccbcaq@hmcts.gsi.gov.uk
(Claimant) v (dinkmack) Claim No XXXXXXXX in subject box of email.
Please find attached defence' in email main body.
Press send..... et voila!....defence filed!

(From Uncle Tom's Cabin an' all! )

.

[dinkmack]

Re: Mortimer Clarke CCJ Help Please

Thank you so much warwick and charitynjw. Email has been sent, fingers crossed

[warwick65]

Re: Mortimer Clarke CCJ Help Please

Good luvk- keep an eye on the MCOl website . They have 28 days or so to respond after that it becomes stayed.

[dinkmack]

Re: Mortimer Clarke CCJ Help Please

Hi, I've received a letter from Mortimer Clarke.

We refer to the above matter.

By way of background, we are instructed that this matter relates to a mail order with JD Williams Ltd Re Fifty Plus bearing the agreement number XXXXXXXXXXX entered into on 15/08/2015, and terminated on 22/09/2016.

The debt and agreement has been assigned to our client, Cabot Financial (UK) Limited. By virtue of the assignment, our client has had assigned all rights and title to your debt, and thus is entitled to collection of the same. We enclose a copy of the notice of assignment that was sent to your last known address at the time of the assignment.

We have taken instruction with regards to your request for documents pursuant to sections 77-79 of the consumer credit act 1974 and have been informed by our client that this has been complied with by the original creditor.

With regards your request for documents under cpr 31.14, please find enclosed the following documents for your consideration: Copy of the reconstituted agreement; and statement of account from our client detailing both the assigned and current balance of the account;

please be advised that under the financial conduct authority's consumer credit sourcebook at rule 13.1.4, a firm is able to reconstitute a copy of the agreement, and there is no obligation to provide a copy which includes a copy of the signature. This was also confirmed in the case of Carey v HSBC Bank plc [2009] EWHC 3417.
We have requested further documentation from our client in relation to this matter.

Yours faithfully
Mortimer Clarke

They have also reduced the debt by 25% if I pay in reasonable and affordable monthly instalments.

Any advice on what to do next will be very much appreciated?

Thank you.

[warwick65]

Re: Mortimer Clarke CCJ Help Please

Hi

Did you sent a s77-79 request to JD Williams and if so when?

Did you send a S77-79 request to Cabot and if so when

I am sure you have posted on the thread but i can't see it

To my mind there are two facts at play here, you can legally send a S77-79 request a month ( i think) after the previous one and even within the month I am not sure if it really matters when the account has changed hands. It is up to the creditor ( now Cabot) to send one.

A reconstituted agreement however is perfectly acceptable and as the account is fairly recent would be harder to challenge.

What may be of use, and i am not sure how to address it is the fact some styles of cabot are not registered. This may be relevant as i saw a tweet from a solicitor who defeated a case because the claimant was not registered
[MENTION=87380]Diana M[/MENTION]

[dinkmack]

Re: Mortimer Clarke CCJ Help Please

Hi Warwick, I sent a s77-79 to Cabot but not JD Williams. I haven't received any letters from Cabot.

[warwick65]

Re: Mortimer Clarke CCJ Help Please

So the response by the solicitors saying that your CCA request had been fulfilled by the original creditor is complete hokum ?

[warwick65]

Re: Mortimer Clarke CCJ Help Please

Did you submit your defence ?

Has there been any more communication other than the recent letter?

If you did submit your defence, on what date was it done- can you look at MCOL to see if there has been any further action such as directions questionnaires?

[dinkmack]

Re: Mortimer Clarke CCJ Help Please

Yes it is complete hokum I haven't received anything from the original creditor.
I sent my defence on the 22nd May.
There isn't anything on the mcol site.

Thanks for your help.

[dinkmack]

Re: Mortimer Clarke CCJ Help Please

Sorry just checked through the letter again and some how I missed the signed agreement which Mortimer stapled to the letter. I'm such a feather brain

My name is on the agreement but It hasn't been signed by me. Is this what they're normally like?

[dinkmack]

Re: Mortimer Clarke CCJ Help Please

Sorry to bother you again. Because Mortimer have provided the agreement does this mean I will now have to contact them to arrange a payment?Does it matter that my signature isn't on the agreement?

[charitynjw]

Re: Mortimer Clarke CCJ Help Please

Before looking at the validity of the disclosed paperwork, has the Claimant/Sols replied to your defence yet? (they are normally given 28 days to do so in these kind of claims, & the court normally informs you of this subsequent to your defence having been filed, accepted & sent to the Claimant).
The courts are a bit behind with processing case management at the mo, but there's no harm in phoning them to get a status update.
If the Claimant hasn't responded, it might be that the case is stayed; you won't be automatically informed of this.

[dinkmack]

Re: Mortimer Clarke CCJ Help Please

Before looking at the validity of the disclosed paperwork, has the Claimant/Sols replied to your defence yet? (they are normally given 28 days to do so in these kind of claims, & the court normally informs you of this subsequent to your defence having been filed, accepted & sent to the Claimant).
The courts are a bit behind with processing case management at the mo, but there's no harm in phoning them to get a status update.
If the Claimant hasn't responded, it might be that the case is stayed; you won't be automatically informed of this.

Thanks for your reply Charity. I checked the mcol site and it doesn't say anything on there about them replying to the defence. The last update was that I submitted my defence. I'll give them a call. Thank you for your help.