Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

[LilPretty]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

i have sent the original defence statement through online via www.moneyclaim.gov.uk

is there anyway of amending the claimants details to ME III limited? Also will this error affect my defence (if i am unable to amend it)

ok - on my way now to the post office to send ME III the CCA and also £1 postal order - thanks

[Diana M]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

is there anyway of amending the claimants details to ME III limited? Also will this error affect my defence (if i am unable to amend it)

Who is named as the Claimant on the claim form?

You can't amend the Claimant's details but what makes you think they need to be amended?

Or are you referring to amending the Claimant's name in your Defence for some reason or other?

Di

[LilPretty]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

hi DI -

Claimant on the claim form is ME III.

I have put in my defence as below:

********************

In the Northampton County Court Business Centre
Claim No: ****

ME III LIMITED
Claimant
And
My name
Defendant
DEFENCE
1. I received the claim **** from the Northampton County Court Business Centre on 12^th June 2017
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess his position with regards the claim.
4. The claim appears to be for a Credit Card or Loan agreement regulated under the Consumer Credit Act 1974, entered into in November 2003.
5. The Claimant pleads the original agreement was with 'Britannica recoveries S.a.r.l Arrow RE Egg' which is a company the Defendant has had no prior knowledge of or communication with, nor has he entered into any agreement with Britannica recoveries S.a.r.l Arrow RE Egg.
6. The Defendant contends the alleged debt would be statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years. The Claimant is required to evidence any acknowledgement or payment made to the alleged account within the last 6 years.
7. The Claimants statement of case states that the account was assigned to britannica recoveries S.a.r.l Arrow RE Egg but fails to give a date of that assignment. The Defendant does not recall receiving notice of this assignment.
8. It is denied that britannica recoveries S.a.r.l Arrow RE Egg 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.
9. The Defendant has sent a formal request for a copy of the original agreement to britannica recoveries S.a.r.l Arrow RE Egg pursuant to section 77 & 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
10. The Claimant has failed to comply with that request and by virtue of s77 (4) / 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.
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. The Claimant should provide copies of the Agreement, Default Notice and Notice of Assignment.
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.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed: me
Dated 9^th July 2017

***************
is the above right? as I have submitted the above defence online just now.

If its incorrect - how do I amend it?

[Amethyst]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

Blimey you were quick off the ball there, I hope you filled in the **** bits - did you change the Defendant / I bits about ?

The bits where it might matter would be the pleading that you sent the cca request to brittanica, and that the account was assigned to brittanica ..... as you have only just submitted it you should be able to make your amendments and send the replacement by email ( give the court a call again first though to tell them you accidentally submitted a rough draft ) If you can get that done today you should be alright without having to do any formal amendment xxx

[LilPretty]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

Hi Amethyst,

yes all the **** bits were completed.. 'defendant' was not changed to 'i' and the ME III bit in paragraph 7 & 9 omitted..

I have called the courts but its engaged - so I have sent an updated defence via email.. hopefully a response should be received shortly and I will let you know how i get along.

THANK YOU to everyone who has responded - this is really a relief for starters.. as I await the outcome now

[Amethyst]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

Ahh you'll be fine xxxx They have started sending out the 'panic' letters about default judgment early in a few cases lately. On one hand I suppose it is good they remind you.....

Glad you came on and checked anyway

Let us know soon as you hear anything from court, claimant or anyone...

Presumably there should be some form of assignment from Egg to Britannica etc then to ME III.

[LilPretty]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

thank you!!

[Diana M]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

Particulars of claim:

By an agreement between britannica recoveries S.a.r.l Arrow RE Egg & the defendant on or around 18/11/2003 (the agreement) Britannica Recoveries S.a.r.l Arrow Re Egg agreed to loan the defendant monies. the defendant did not pay the instalments as they fell due & the agreement was terminated. The agreement was assigned to the claimant. The claimant there claims £3199.74.

When I saw those POC it flagged up assignment issues for the Claimant.

You say you took out a loan (or maybe a credit card) with Egg. So how can they say you entered into an agreement with Britannica Recoveries ?

Perhaps they need to prove two assignments. Egg's assignment to Britannica (and possibly onwards to Arrow) and then to M III Ltd.

The claim hasn't been allocated to any track so you could send a CPR 31.14 Request at the same time as you send the s.77-79 CCA Request.


Di

[LilPretty]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

Hi Di,

Thanks for the update.

I have prepared the following CPR31.14 and will send to the solicitors tomorrow morning via registered post:

My name
My address
Post code

10^th July 2017

ME III LIMITED
16-22 GRAFTON ROAD
WORTHINGTON
BN11 1QP

Claim Number: my claim number ***

Request for documents mentioned in a statement of case under CPR 31.14

On 12/06/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on July 2017.

1. Agreement / Contract


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 10^th July 2017.

I look forward to hearing from you.

Yours sincerely


My Name

[charitynjw]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

If it were me I'd ask for
An accurate copy of the contract/agreement, including all relevant Terms & Conditions.
All Notices of Assignment which are relevant to this alleged debt
All Deeds of Assignment which are relevant to this alleged debt.
A detailed breakdown of the sum claimed by the Claimant.

[Diana M]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

If it were me I'd ask for
An accurate copy of the contract/agreement, including all relevant Terms & Conditions.
All Notices of Assignment which are relevant to this alleged debt
All Deeds of Assignment which are relevant to this alleged debt.
A detailed breakdown of the sum claimed by the Claimant.

And maybe add any Default Notice and Termination Notice to the list even though they are not specifically "mentioned" in the POC.

If you made an Application to court to force disclosure under CPR 31.14 your wish list may not be granted, but my attitude is 'if you don't ask you don't get' so letting the Claimant's solicitors know that you're on the warpath can be no bad thing

After all you are a Litigant in Person so you can be forgiven for not knowing the ins and outs of Civil Procedure Rules.

Di

[Diana M]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

Your CPR 31.14 Request goes to Mortimer Clarke solicitors not to M III Ltd (the Claimant).

You might also need to tweak your CPR Request to change the various references which say they must disclose documents before you can file your Defence (because you've already filed it) etc. and your suggestion of an extension of time to file your Defence (which you have already filed).

Ideally you should have sent this CPR 31.14 Request at the same time as your CCA Request so you could have referred to it in your Defence but better late than never

Hi Di,

Thanks for the update.

I have prepared the following CPR31.14 and will send to the solicitors tomorrow morning via registered post:

My name
My address
Post code

10^th July 2017

ME III LIMITED
16-22 GRAFTON ROAD
WORTHINGTON
BN11 1QP

Claim Number: my claim number ***

Request for documents mentioned in a statement of case under CPR 31.14

On 12/06/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on July 2017.

1. Agreement / Contract


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective

. . . . If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

Di

[LilPretty]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

good morning ALL, i just wanted to say a HUGE THANK YOU for all your quick responses and assistance on the above!!!! really appreciate it all.

I am heading to the post office now to send of the CPR 31.14

[Diana M]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

My firm asks the Claimant to prove that they have served all the required 'Statutory Notices' as part of our Defences.

That way you don't actually identify the Notices (DN, NOA, s.86 and others) so you don't inform/remind them of their precise statutory obligations enabling them to either source the documentation or reconstitute it.

Not all debt purchasers are aware of the intricacies of consumer credit law including the ones who use in-house legals.

If they refuse to respond or comply with your CPR 31.14 Request you'll have flagged up the statutory requirements argument in your Defence so that the issue can be raised in court (you can only argue in court what you have pleaded in your Defence unless you amend your Defence with the court's permission).

Litigation is a game of cat and mouse at times

Di

[LilPretty]

Re: Claim Form - ME III LTD / Mortimer Clarke Solicitors LTD

Hello all,

THANK YOU ALL so much for the detailed information.

i have now received the below letter from Cabot -

*************

25th Aug

Dear ***

Re: egg personal loan - account number - £3,486.74

thank you for your request for information under sections 77-79 of the consumer credit act 1974

we currently do not have this information on file. however, i have requested the relevant details, which will include a copy of the credit agreement, statement of account, and original and varied terms and conditions. in the mean time, i would like to inform you that your account shall remain on until such time we can comply with your request

your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in court. However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore i would recommend you contact us as soon as possible to set up a repayment arrangement or continue with your existing payment plan.

if you would like to know more about your consumer rights, i recommend you contact your local citizens advise bureau

if you are experiencing difficulties in meeting your repayment, i recommend you either contact us or the following non profit organisation
step change -
national debtline

if you have any queries, please do not hesitate to contact us.

yours sincerely

************************************************

Now i have also received the statement of payment and the last payment was made in Nov 2010.

No further payment or communication has been exchanged till the county court claim arrived.

the main issue is - there has now appeared default marks on the credit file for the above debt.

what is the next course of action with this issue please and also clearing the default marks on the credit file

THANK YOU SO MUCH