Ccj-defence

[Caroline1985]

Hi I had a reply from Mortimer and Clarke solicitors after sending CPR, CCA letters to them regarding claim for ccj. They have put the matter on hold. Do I need to add this to my defence?

[echat11]

Hi CAROLINE

Welcome to LB

What have you received?
I don't think you have received a CCJ.

Fill in the following, removing personal details, copy and paste back to this thread -

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:
When was the account opened?

[Caroline1985]

Hi I have received the letter of claim for around £1000. I have acknowledged the claim saying that I dispute it. I have sent off CPR. CAA and SAR to Cabot and Mortimer Clarke and had a response from Mortimer Clarke saying the following

Thank you for your letter dated 20/02/2024.
We acknowledge your request for documents pursuant to Section 77, 78 & 79 of the
Consumer Credit Act 1974.
For the avoidance of doubt, this firm acts on its client’s instructions. This firm does not
hold the documentation you have requested. We have asked our client to provide them
and will come back to you as soon as we can.
In the meantime, the matter has been placed on hold and no further action will be
taken.
Yours faithfully
Mortimer Clarke
Mortimer Clarke Solicito

[Pezza54]

Was the "letter of claim" you have received sent by the Court or the solicitor?
If it has been sent by the Court you should have received form N9 Response pack

[Caroline1985]

I’m confused now. They have submitted it to court? Please see attached thanks

[Caroline1985]

Yes filled in N9 online on the 14th Feb

[Pezza54]

You shouldn't trust the solicitor saying no further action will be taken You should aim to file your defence with the court on time.
Please see post 17 under the thread titled Help with court claim started by JASONREDZ on 27 December 2021 for a defence to credit card claim template
You should state you have requested information from the claimant and when it is received you intend to add to or amend your defence

Just realised there is an example defence for a credit card claim under "Shortcuts" on the righthand side of this page

[Caroline1985]

Ok thank you. Is it 28 days from the date the letter was issue or 28 days from the acknowledgement of claim?

[echat11]

O.K. so nothing to do with CCJ at this moment in time.
The requested information in post 2 would be good.

You get an extra 14 days after you have AoS so that's 14 + 14, 28 days (plus 5 days postal, but don't rely on them) from the date on the claim form, make a note in your diary, as your Defence needs to be in within the 28 days

You need to lodge your Defence with the Court via MCOL and their solicitor within 28 days. Do not forget.

Update the thread when you get the requested information, but 5 days before your Defence is due we can advise

[echat11]

Ok thank you. Is it 28 days from the date the letter was issue or 28 days from the acknowledgement of claim?

Date on the Court Claim.

[Caroline1985]

My letter is dated the 1st Feb but I didn’t receive it until
14th Feb. I will add to defence current situation. Should I complete defence template tomorrow too then?

[echat11]

My letter is dated the 1st Feb but I didn’t receive it until
14th Feb. I will add to defence current situation. Should I complete defence template tomorrow too then?

Yes, have a go, post it on this thread without personal details, I can take a look - https://legalbeagles.info/library/gu...-court-claims/

You can lodge it with the Court tomorrow.

[Caroline1985]

Hi would really appreciate any feedback regarding defence below. Especially regarding section 14 and statement of truth. Also I think the initial credit card was taken out in aqua 2015 and Cabot I believe took it over in 2019. Thanks in advance




In the Civil National Business Centre

Claim Noxx

Mortimer Clarke Solicitors LTD

And

xxx

Defendant

DEFENCE

1.The Defendant received the claim xxx from the Northampton County Court on 01/02/2024.

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

3.This claim a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into [an agreement/agreement] with Aqua Ltd for provision of credit.

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

6.The Claimant’s Particulars of Claim [fail to state when the agreement was entered into/states the agreement was entered into on xx/xx/xxxx]

7.[The Defendant contends the alleged debt is 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.

8.The Claimants statement of case states that the account was assigned from Aqua to Cabot 20/07/2015. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Aqua 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10.On the 20/02/2024 The Defendant 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 and Cabot Financial. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment].

11. Cabot has not sent any of these documents to the Defendant.

12.On the 20/02/2024 The Defendant sent a formal request for a copy of the original agreement to Cabot and a copy to Mortimer Clarke Solicitors pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

14. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the 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.]

15.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.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his 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.

Statement of Truth

I believe the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ________

[echat11]

Can you edit the claim number out of your post.

Can you fill in the following, can check it without that info:

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:
When was the account opened?

[Caroline1985]

[QUOTE=echat11;n1669851]Can you edit the claim number out of your post. Not giving me the option to edit?

Can you fill in the following, can check it without that info:

Received a claim? Yes
Issue Date: 01/02/2024
Have you Acknowledged the Claim?:yes 14/02/2024
Total Amount Claimed : 1000
Claimant’s Cabot
Solicitors Firm: Mortimer clarke
Original Creditor:Aqua
Original Debt Credit card :
Particulars of Claim: previous letters from Cabot Financial about three years ago.
CCA and CPR request sent. Also SAR
Any Other Information or Background Details:
When was the account opened? Aqua 2015. I believe Cabot took over the account in 2019.