Mortimer Clarke Sollicitors v annburke1

[annburke1]

Received a claim issued: 10 October 2018
Amount approx: 1122.81
Claimant: Cabot Financial
Solicitor: Mortimer Clarke
Original Creditor: HSBC
Particulars of Claim: Account overdraft - Agreement 14/03/2006 - Assigned to creditor 06/10/2017
Is the debt Statute Barred? Not sure
List any letters you have sent: I previously requested twice to Cabot (03/05/2018 and 27/05/18) for a copy of my original credit agreement by email. They did not provide me with anything.

Any Other Info:
Me and my partner have received a claim to the County Court Business Centre and from your threads, I understand that I must acknowledge the claim onto MCOL, but we wonder if this involves agreeing on the repayment? I did try to connect through MCOL but i was unable to track the Defence Pack Password. I do not know where to find this password... What should I do then?

It has been years since we left HSBC. Only now, the debt has been transferred to Mortimer with a court assignment.
Then,I should, if i am correct:

2: Send A CCA REQUEST to the CLAIMANT 'Cabot'

3: Send a CPR request to the CLAIMANT'S SOLICITORS (Mortimer)

If you could confirm the MCOL and any other steps I should follow it will be great.

[MIKE770]

First Steps
Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence

[MIKE770]

N1 form top right has the MCOL password I am sure??? or do you mean you have to set up a Gov

account and then use your own password??

Government Gateway - MCOL - Money Claim Online - Welcome

https://www.moneyclaim.gov.uk/web/mcol/welcome

Login. If you have already registered and enrolled with MCOL then please click below to login. Login. Register as an Individual. You should register as an ...

[annburke1]

Let me have a look again...

[annburke1]

Okay, I checked again, I do not see any N1 form. I have a Claim Form with the claim number, I have a N9A Form of admission, with Claim number, and reference, on N9B, N9SDT it is the same.

[annburke1]

Okay, thank you, I have found the Defence Pack password, it was under 'Important Note'.

[MIKE770]

Amethyst

[MIKE770]

N1 form is the 1st Blue one you received

[annburke1]

Okay, so I have acknowledged through MCOL for me and my partner.

Now for the CCA, it seems that the overdraft issue is not covered. What are my options? Should I sent only CPR or do you have some sort of advice regarding the issue on Overdraft?


Then for the standard CPR form you provided there are two dates appearing, for the second one,
I do not know what I should put there: (case ahead of filing my defence on xx/xx/xxxx.)

Then regarding the paperwork, my claim stated:
Monies due under current account overdraft. The Claimant's claim is for the balance outstanding under .. ..HSBC, agreed to maintain for the Defendant. It was a term of the Bank account that any debit balance would be repayable by the Defendant in full on demand. The Defendant has failed to repay the amount due. The debt was assigned to the Claimant.... claiming XXX£.

Should I request a copy of the Terms only?

Finally, I understood that the £1 fee was to be paid through CCA only, am I correct? And should I remove the last paragraph regarding the copy sent to the client and statutory fee?

Thank you again for your support!

[annburke1]

I received a letter from Mortimer Clarke Solicitors dated on the 5th December, confirming they agreed to the extension of 28 days, for me to file my defence and asked me to notify the court about the agreement. They also mentioned that CPR 31.14 give the right to inspect documents and can be distinguished from standard disclosure of evidence during the course of the proceeding.
They believe that I may have already 'inspected' the documents I made reference because on various dates in the past they would have been sent to me by another party such as the original creditor.

What should I do now? I am not sure of the next stage. Thank you again for your support.

[MIKE770]

cpr31.14 can be at a later stage. facilities letter regarding overdraft was the norm before CCAs?

[MIKE770]

Amethyst

[Amethyst]

Received a claim issued: 10 October 2018

so even if you had a formal extension it would now have passed ( your defence date would have been around 11th November and the 28 days extension would have taken you to around 8th December ) so, personally, I would look at getting your defence entered at the court if you haven't already.

I can only see mention of acknowledging the claim on here.

They haven't provided you with any further details about the debt.

Monies due under current account overdraft. The Claimant's claim is for the balance outstanding under .. ..HSBC, agreed to maintain for the Defendant. It was a term of the Bank account that any debit balance would be repayable by the Defendant in full on demand. The Defendant has failed to repay the amount due. The debt was assigned to the Claimant.... claiming XXX£.

Did you have other products with HSBC which were also in default and you are only being chased for the overdraft ? ( HSBC amalgamated loans and credit cards debts often into overdrafts )

Do you have any recollection of when you might have defaulted on the overdraft / debt ? Could it be before 2012 ?

or if it was terminated by HSBC for any reason ? ( change in credit statuts etc )

There's an example starting point for the Defence Example Defence