Mortimer Clarke Solicitors ccj claim please help

[alizzzz]

Hello everyone and thank you in advance, so, I received a county court claim form dated 17/05/2018 from Mortimer solicitors, they alleged that I owe 4890 in credit card debt. They said the agreement with the bank was signed on or around 10/03/2013. And that due to I failed to make the minimum payment the agreement was terminated. I read a few threads on here so I did the following:

1- I created an online account and I acknowledged the service on the 20th.

2- on the 19th I sent cpr 31.14 and CCA 77-99 via recorded delivery to both the solicitors address and the Claimant address Cabot financial UK Ltd.

3- I enclosed the 1 via postal order with the CCA form.

Since then however, I havent heard back from the solicitor nor Cabot. I checked the tracking number and the post was delivered and signed for on the 21st/05/2018.

Please can someone help me as this matter is stressing me out so much

[alizzzz]

Hello,
please can any of the senior members guide me in right direction. Thank you

[jaguarsuk]

Hi

Okay, so far you have done the right things and you have until 4pm on 19th June 2018 to file your defence.

Send a Subject Access Request Letter to the original creditor (the bank) asking for copies of the credit agreement, notice of default, notice of assignment, summary of the account and any other information they hold of you. The have one month to comply, so it's unlikely you'll get this back ahead of filing your defence, but it will still potentially be useful.

[alizzzz]

@jaguarsuk Thank you so much for your help, I’ll be sending the SAR letter to the bank first thing in the morning. What worriying me the most is that Mortimer solicitor haven’t respond to my previous request yet. is it possible this could be because perhaps I drafted the CPR and CCA wrongly? I’ve attached both of the letters below please have a look if you have a minute and let me know what you think.. thank you once again and as always I really appreciate any help
alex

[alizzzz]

Can someone please help me as I havent heard back from Mortimer solicitors yet and I dont know what to do next.

Thank you

alex

[jaguarsuk]

Can someone please help me as I haven’t heard back from Mortimer solicitors yet and I don’t know what to do next.

Thank you
alex

These things aren't quick and with the bank holiday weekend that'll have delayed things further. You have 21 days to file a defence yet.

[alizzzz]

Hello Beautiful people,

i just received a replay from Cabbot Financial today “see letter attached” and I don’t understand what it means, can someone please have a read and tell me what it means. Also I would like some advice on what to do next? Any comment is appropriated and thank you all for your help

alex

[Amethyst]

It simply means they haven't been able to get copies of the original credit agreement and terms as yet. You should stick to your deadlines with the court and file your defence when appropriate they may come up with the documents later on, but at the moment, they can't proceed any further without them... once you have your defence in to the court you will be protected against any default judgment.

The SAR should pull up any other information you might be able to use in your defence or to negotiate a lower settlement, it seems you do have some time yet to do your defence ( probably aim to submit around 15th June)

Any issues you can recall with the debt ?

[alizzzz]

Amethyst thank you so much for your feedback, so basically now I’ll have to wait for another letter from them and if they failed to provide the information I requested previously then I’ll submit my defence based on that. If they did manage to provide the info however, then am screwed. or am I wrong?

[Amethyst]

Well, yes basically - if the documents are all compliant - it's best to prepare for that eventuality while dealing with the court process. Still put your defence in on time even if you hear no further from the claimant.

[jaguarsuk]

It's basically a waiting game on the SAR now as if the bank don't have a copy of the credit agreement, then Cabbot Financial won't be able to get a copy.

As advised start work on your defence now, so that you have a draft ready for the 15th June to file.

I think once you know whether the lender has the credit agreement then you will be able to respond to that letter accordingly.

[alizzzz]

Hello beautiful People,

am about to file my defence, can someone please have a read and tell me if this is correct? also do i have to send a copy to Mortimer's solicitors or not?
thank you in advance as always your input is greatly appreciated.

1. I received the claim ccxxxxxx from the Northampton County Court on the 19th May 2018.
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.
4. It is admitted that the Defendant has previously entered into an agreement with Lloyds Bank 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. On the 20th of May 2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to both the claimant’s solicitor Mortimer Clarke Solicitors LTD and the claimant Cabot Financial (UK) Limited. I requested the claimant provide copies of the assignment to Cabot Financial (UK) Limited and the original agreement between Lloyds Bank and myself.
7. I have not received these documents to date from either the claimant Cabot Financial (UK) Limited and their representative Mortimer Clarke Solicitors LTD. The particulars of claim fail to state when the agreement was entered into.
8. The Claimants statement of case states that the account was assigned from Lloyds Bank to CABOT FINANCIAL (UK) LIMITED. The Defendant does not recall receiving notice of this assignment.
9. It is denied that Lloyds Bank 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.
10. On the 20th of May 2018 I sent a formal request for a copy of the original agreement to both the claimant’s solicitor Mortimer Clarke Solicitors LTD and the claimant Cabot Financial (UK) Limited pursuant to sections 77 - 79 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with sections 77-79 Consumer Credit Act 1974 and by virtue of sections 77-79 Consumer Credit Act 1974 cannot enforce the agreement.
12. On the 5th of June 2018 I received a letter from the claimant’s solicitors Mortimer Clarke Solicitors LTD dated 29^th of May 2018 confirming the firm do not hold copies of the documentation requested. They advised that they asked their client Cabot Financial (UK) Limited, to provide the documentation. They stated in the meantime the matter is on hold and no further action will be taken.
13. To the best of my knowledge both the claimant’s solicitors Mortimer Clarke Solicitors LTD and the claimant Cabot Financial (UK) Limited have failed to inform the court of this continued delay or provided me with a further extension to allow me time to receive documents and file my defence.
14. 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.
15. 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.
16. 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.
17. 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: xxxxxxxxxxxxxx
Dated: 15^th of June 2018

[jaguarsuk]

In para 4 I go with:

It is admitted that the Defendant may have previously entered into an agreement with Lloyds Bank for provision of credit.

Purely because I don't like to admit anything until they have me banged to rights and other than that bit of personal preference all looks fine.

[alizzzz]

jaguarsuk Mate thank you so much for all your help i really appreciate your input. I guess now is a waiting game.

[alizzzz]

Dear All,

@AMETHYST and @jaguarsuk


I just wanna say Thank you to all of you who pointed me at the right direction, i couldn't do it without you all.

quick update.. i haven't heard back from Mortimer Clark solicitors since their reply that they haven't got any of the information that i requested. I phoned the court three times since then and they said that they haven't heard back from Mortimer Clark Solicitors and that the case is on hold at the moment. I'm not sure what to do next if i do need to do anything at all or just leave it.