** DISCONTINUED ** Claim form received Mortimer Clarke/Cabot

[poodlebetty]

jaguarsuk I've received 2 letters now - one from Mortimer Clarke saying they acknowlege my CPR 31.14 request and that they believe I have already 'inspected' the documents as they've been sent in the past by other parties such as the original creditor. They want me to confirm which documents I have (which I don't have any). They also then say they've requested the CCA and Assignment and they'll be forwarded in due course. It then says the client is willing to agree to extension of 28 days to file my defence and that I should notify the court of the agreement. My account it says in on hold until the docs are obtained.

Then today I receive a letter from Cabot saying they cannot get the info from the original lender. If it ever becomes available they will complete the request and pursue but until then the account is unenforceable. It goes on to say they aren't permitted to get a judgement or decree in Court but that they will still try and contact me to repay the outstanding balance which could impact credit rating etc etc. They still want to talk to me about a Payment plan..,,

My questions are - how likely is it they could get the original CCA? What happens now with the Court - do I still need to file a defence and or will the proceedings be on hold??

Thanks for reading and any comments.

[Amethyst]

Regarding the extension you need to inform the court - see http://legalbeagles.info/forums/foru...filing-defence

At the end of the 28 days ( date you were due to file your defence plus 28 days - or add 61 days to the date of issue of the claim ) you will still need to file your defence to ensure they can't pop in and obtain a default judgment. There's an example defence here >> Example Defence

Do you have a copy of the particulars of claim you could type out pls.

[poodlebetty]

Regarding the extension you need to inform the court - see http://legalbeagles.info/forums/foru...filing-defence

At the end of the 28 days ( date you were due to file your defence plus 28 days - or add 61 days to the date of issue of the claim ) you will still need to file your defence to ensure they can't pop in and obtain a default judgment. There's an example defence here >> Example Defence

Do you have a copy of the particulars of claim you could type out pls.

Hi Amethyst thanks for you reply. I did notice that the Claim is still live in the MCOL system - so I'm guessing they don't cancel it automatically then despite me having the Cabot letter telling me the debt is unenforceable?

The particulars are "By an agreement between Britannica Recoveries SARL & the Defendant on or around 2009 ('the Agreement) Britannica Recoveries SARL 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 THEREFORE CLAIMS 1 (the amount circa £2k and 2. Costs.

[Amethyst]

No, they won't cancel the claim - it's only temporarily unenforceable until they find the agreement so you do need to defend the case so it progresses on to a point that they have to either provide the agreement or discontinue.

Their particulars of claim say it's an agreement with Britannica Recoveries in 2009 .... it wasn't ... it was originally with Egg and sold ( assigned ) to Britanica in 2011 ( most likely ) so there will need to be evidence of assignment from egg to britannica as well as evidence of assignment from britannica to Cabot and your defence can say you did not enter into any agreement with Britannica ( or Cabot )

Do any of MC/Cabot's letters mention Egg at all ?

Inform the court of the extension as per previous link and then start putting your defence together.

[poodlebetty]

No, they won't cancel the claim - it's only temporarily unenforceable until they find the agreement so you do need to defend the case so it progresses on to a point that they have to either provide the agreement or discontinue.

Their particulars of claim say it's an agreement with Britannica Recoveries in 2009 .... it wasn't ... it was originally with Egg and sold ( assigned ) to Britanica in 2011 ( most likely ) so there will need to be evidence of assignment from egg to britannica as well as evidence of assignment from britannica to Cabot and your defence can say you did not enter into any agreement with Britannica ( or Cabot )

Do any of MC/Cabot's letters mention Egg at all ?

Inform the court of the extension as per previous link and then start putting your defence together.

Thanks Amethyst - I will do that. No there is no mention of Egg on anything. Can I just ask - if I file a defence and they don't ever produce the CCA is there any way they will get a judgement? Their letter sounds like they don't think they'll find it but that could just be the way I'm reading it.

[jaguarsuk]

Their letter sounds like they don't think they'll find it but that could just be the way I'm reading it.

It's meant to in order to scare you into paying up.

[poodlebetty]

Amethyst and jaguarsuk - I've not had confirmation of the extension yet from the court - should I enter my defence anyway? My deadline based on the original dates would be 11th September so I'm just a little concerned that I might risk a default if they don't confirm. Thanks in advance

[Amethyst]

The court likely won't confirm it back to you, really it's an agreement by the partys, so the claimant has agreed

It then says the client is willing to agree to extension of 28 days to file my defence and that I should notify the court of the agreement.

not to ask for default judgment until after the end of the extension.

If you are concerned though I would give the court a call and check they have received your notification of the extension agreement. I don't believe they put a bar on the claim but if a default judgment was wrongly applied for it should easily be set aside.

[poodlebetty]

Hi Amethyst and jaguarsuk and MIKE770 - just a quick update - I notified the court about the extension. I then received a reply that the claim has been discontinued by the claimant. I realise this may not be over forever if the CCA is found but I am very grateful for the help you provided to get this far. Thank you!

[MIKE770]

reply letter fron the court office Notice of Discontinuance ? well done

[Amethyst]

Fandabbydosey xxxx

Yes it might not be over as they could come back as they discontinued before defence, but at least the imminent threat is dealt with - Congrats

[poodlebetty]

reply letter fron the court office Notice of Discontinuance ? well done

Yes - well an email but yes and I confirmed by logging into MCOL.

[jaguarsuk]

I realise this may not be over forever if the CCA is found

I think if they thought they had any sort of hope of getting the CCA they would have allowed you to file a defence and then let the claim become stayed until they could.

Never say never, but I wouldn't let this possibility play on your mind too much.

The Statute Barred clock keeps ticking now...

Congrats