Help needed with Cabot and Mortimer Clarke

[Buds321]

Hi Everyone,

I have received a County Court Claim Form from Mortimer Clarke Solicitors on behalf of Cabot Financial (UK) Limited via the County Court Business Centre. This I have been informed by your Sharon is geniune.

The Issue date on the Claim Form is 31 10 18 and the amount claimed is £13k+ for a former Credit Card with HSBC.

To date as advised by Sharon I have done and requested the following:

I sent the Acknowledgement of Service back to the Court with the "I intend to defend all of this claim" box ticked on 14th of November which was received and signed for on the 16th.

CCA Request to Cabot.

CPR 31.14 Request to Mortimers asking for Agreement and Assignment.

SAR to HSBC.

All of the above were sent on the 21st of November and received and signed for by all three on the 22nd.

From the AoS Form I understand that if I do not file a defence within 28 days of the service date judgement 'may' be entered against me. 28 days is on this coming Sunday the 2nd of December.

How do I prevent the above from happening as I feel that I will not be able to file a defence by the 2nd of December as to date I have not received any of the requested documents above?

Plus I also want this matter to be dealt with in my local County Court on a one to one face to face basis. How do I make this happen?

I understand and appreciate that I should have sent off all of the above sooner but as I have ME/CFS/FMS these sort of things are not often possible until quite frankly the old brain is in order to do so in a fit and proper manner.

Thanks.

[Amethyst]

Your "old brain" is absolutely capable of dealing with this

It is absolutely usual ( sadly and annoyingly) for the claimant to fail to provide information before the date for filing the defence and our example defence basically says "I've asked for info but they've sent nothing". See https://legalbeagles.info/library/gu...-court-claims/


Now, once your defence is filed, the claimant has 28 days to tell the court they want to proceed ... if they don't the case is put on hold ( indefinitely) ... if they do the court sends you a directions questionnaire to complete and return. That tells the court where your local court is so the papers can all be sent over, and the Judge there issues directions and potentially sets a hearing date.

Going to have a read back of your emails check any info my info about the claim that wants to go on here to help sort your defence out - thought I'd just respond to your immediate queries first xx

Sharon xxx

[Amethyst]

Particulars -

it is all just credit card - from 1998 ( ie no loan / overdraft mixed in )

Soooo - any idea when last payment was ? when it defaulted ?

Did they send a letter of claim before the court papers ? And have you had any communication before with Cabot ? ( are they at all aware of your circumstances?)

Anything show on your credit file at all ?

[Buds321]

Hi Sharon,

Thank you again for your help.

Q) it is all just credit card - from 1998 ( ie no loan / overdraft mixed in ): YES, I AGREE.

Q) Soooo - any idea when last payment was ? when it defaulted ? CAN'T RECOLLECT AT THIS TIME BUT I WILL DIG FURTHER. BUT FROM MEMORY IT IS LESS THAN 6 YEARS IF THAT IS THE POINT OF YOUR QUESTION.

Q) Did they send a letter of claim before the court papers ? NOT AS FAR AS I AM AWARE. I HAVEN'T RECEIVED ANYTHING WITH THE TITLE "LETTER OF CLAIM" OR SIMILAR.

Q) And have you had any communication before with Cabot ? NO.

Q) are they at all aware of your circumstances? NO.

Q) Anything show on your credit file at all ? I WILL LOOK IN TO THAT. BUT IF IT DOES I AM NOT REALLY CONCERNED AS AT MY AGE I CAN'T SEE ME APPLYING FOR A LOAN OR MORTGAGE OR ANY OTHER FORM OF CREDIT.

AS YOU SUGGEST I WILL GET MY DEFENCE FORM OFF AS A MATTER OF URGENCY BY FIRST CLASS SIGNED FOR AS WELL AS A LETTER SENT BY THE SAME MEANS TO CABOT REQUESTING AN EXTENSION OF TIME ETC.

Thanks again.

P. x

[Amethyst]

Re the Credit File - really that's to check on what the default date may be.

You don't need to request an extension if you are filing the defence. You sent the CPR letter and that already requested an extension...

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.

So in your defence you can say they didn't respond to that request.

Do you want to draft it and post it up here to check before you send it - just ensure you remove the square brackets and edit accordingly - you want to refer to s78 as this is a credit card not a loan.

[Buds321]

Hi Sharon,

As suggested please find below a draft of my letter to the Court. I have at this time highlighted any parts that refer to any relevant acts as I may have edited them incorrectly.

I received the claim XXXXXXXXXXXX from the Northampton County Court Business Centre County Court on 3^rd of November, 2018.

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

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

It is admitted that the Defendant has previously entered into an agreement with HSBC Bank plc for provision of credit.

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

The Claimant’s statement of case states that the account was assigned from HSBC Bank plc to Cabot Financial (UK) Limited but does not stipulate a specific date notice of the same. The Defendant does not recall receiving notice of this assignment.

It is denied that HSBC Bank plc served any Default notice on the Defendant pursuant to s78 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 s78 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.

On the 21^st of November, 2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimant’s Solicitor Mortimer Clarke Solicitors Limited. I requested the Claimant provide copies of the Agreement and Notice of Assignment. In the same letter I asked Mortimer Clarke Solicitors Limited to provide me with any other documentation that in their professional opinion would be relevant to my defence.

At the time of writing Mortimer Clarke Solicitors Limited has not sent any of these documents to me.

On the 21^st of November, 2018 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

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.

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.

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.

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 ________________________________
Dated ________________________________

I look forward to your comments.

P.

[Amethyst]

Few amends just to hopefully strengthen things a little, or confuse things, my brains not playing logical this evening. Basically just changing it to third person and personalising it.

-----------------------------------------------------------------------------------------------------

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

It is denied that the Claimant followed the Pre-Action Protocols for Debt Claims. The Defendant did not receive any Letter of Claim and was given no opportunity to request more information and assess his position prior to this claim being issued.
This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

The Claimant's statement of case states that "By an Agreement between HSBC Bank Plc and the Defendant on or around 16/10/1998. HSBC Bank Plc agreed to issue the Defendant with a Credit Card"

It is admitted that the Defendant has previously held a credit card issued by HSBC Bank Plc. He is unable to confirm the date of such an agreement. He has held a number of products with HSBC Bank Plc over the last 20 years and requires further information to be able to plead further.

The Defendant does not recognise that the sum of £13,000 has ever been outstanding on any credit card account held by himself. He puts the Claimant to strict proof.

No details of transactions on the account have been provided nor any information regarding how the sum claimed has arisen.


The Claimant's statement of case states that "The Defendant failed to make the Minimum Payments Due and the Agreement was Terminated"


The Defendant is unable to plead effectively as there has been no indication given of what the minimum payments were nor of any details or date of Termination.

It is denied that HSBC Bank plc served any Default notice on the Defendant pursuant to s78 Consumer Credit Act 1974.

It is denied that HSBC Bank Plc served any Notice of Termination on the Defendant.


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 s78 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.

The Claimant’s statement of case states that the account was assigned to the Claimant but does not stipulate a specific date or notice of the same. The Defendant does not recall receiving any notice of this assignment from HSBC Bank Plc.

On the 21st of November, 2018 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimant’s Solicitors. The Defendant requested the Claimant provide copies of the Agreement and Notice of Assignment. In the same letter the Defendant requested they provide him with any other documentation that in their professional opinion would be relevant to their claim.

To date Mortimer Clarke Solicitors Limited has failed to provide any documentation regards the claim.

On the 21st of November, 2018 the Defendant sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


The Claimant has failed to comply with this request made pursuant to s78 (1) Consumer Credit Act 1974 and therefore by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

The Defendant has offered the Claimant opportunity to 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 not responded to the request.

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

In the event that the relevant documents are received from the Claimants the Defendant will then be in a position to amend his defence and asks that the Claimants bear the costs of such amendment as had they provided full information and copies of documents before issuance of the claim it may not have been necessary.

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.

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

[Buds321]

WOW!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

If your brain isn't playing logical tonight. G*d help anyone who gets on the wrong side of you when it is being logical........LOL.

I have C and P'd your response and it will be on it's way by First Class Signed For tomorrow. Only change I made was making the 20 years 30 years. Yep, loyal lil so and so aren't I....smiles.

Nice one and thank you again.

[Amethyst]

Ahhh it's all smoke and mirrors really ….. Don't forget to do the headers and statement of truth as per the example if you're mailing it - and I would recommend emailing it to the court as well if possible just for back up.

[Buds321]

UPDATE:

1) Sent Defence to Court on Thursday 29th which was signed for today (Monday) the 3rd of December at 8.22am. Also emailed the court directly on Friday the 30th with Defence in the main body of the email along with the attached word document of Defence. Received email back from court same day aknowledging receipt of my email.


2) 30th November received a Statement of Account from Cabot saying to contact Mortimers to make payment(s). Pages one and two below:





[IMG]https://legalbeagles.info/forums/image/gif;******,R0lGODlhAQABAPABAP///wAAACH5BAEKAAAALAAAAAABAAEAAAICRAEAOw==[/IMG]
[IMG]https://legalbeagles.info/forums/image/gif;******,R0lGODlhAQABAPABAP///wAAACH5BAEKAAAALAAAAAABAAEAAAICRAEAOw==[/IMG]


3) 3rd December (today) received the letter below from Cabot. Pages one and two below:


[IMG]https://legalbeagles.info/forums/image/gif;******,R0lGODlhAQABAPABAP///wAAACH5BAEKAAAALAAAAAABAAEAAAICRAEAOw==[/IMG]



[IMG]https://legalbeagles.info/forums/image/gif;******,R0lGODlhAQABAPABAP///wAAACH5BAEKAAAALAAAAAABAAEAAAICRAEAOw==[/IMG]


4) 3rd December (today) received the letter below from Mortimers. One page only below:


[IMG]https://legalbeagles.info/forums/image/gif;******,R0lGODlhAQABAPABAP///wAAACH5BAEKAAAALAAAAAABAAEAAAICRAEAOw==[/IMG]


PHWEEEE, that took some sorting......smiles.

I look forward to your reply(ies).

But before closing and crossing my heart that this all gets saved properly.

May I say to anyone else in a similar situation to me that the 14 and 28 days allowed on the claim can fly by before you know it and missing a deadline date is not hard to do by the time you have given it thought, decided what to do and taken action. Especially if you are working long hours or simply ill or maybe even hoping it will go away because these guys (Cabot and Mortimer) really don't give a damn and see you all as simply just cash cows to make themselves and their super rich investors even richer no matter what your personal and/or financial status is or are!

SO FIGHT 'EM, BUT DO IT SHARPISH.

Hope the above is OK. If not do please feel free to edit as required.

Have a good night everyone.

[Amethyst]

Hate to say this, but the images didn't work Do you want to email them to me ?

[Buds321]

Hi Sharon,

I emailed them to you Wednesday evening plus an additional one I have received from the court. If it is more convenient for you for me to post them up here again do please let me know and I will give it another go.

Cheers,

P. x

[Amethyst]

Sorry Buds, been a manic weekend xxx Don't think there's anything worrying there, just standard 'we got your requests and can't be bummed to respond properly ' letters, plus confirmation that your defence has been received and sent to the claimants. So now just a case of waiting for them to go back to the court to say if they want to respond.

( ignore the silly face pic - bloody thing wouldn't let me save without uploading a photo and that was first one I came to lol )

[Buds321]

Hi Sharon,

Apologies for the delay in getting back to you. Had a really bad week with my CFS etc.

No problem at all with your delayed reply. I assume that you have a life away from your website and outside your daily work. No doubt the weekend for you and yours are just one party after another...... (Do I hear a "I wish")...........smiles.

As for your picture. It may be that your site is suggesting a little addition for you to wear to your works do....lol.

I've had a few more letters from both sides (nothing requiring urgent attention) and I will get them on here in the next day or so for you and others to have a read through especially so that any third parties reading this can view the 'process'.

Cheers for now,

P.

[Buds321]

Cabot letter received 14 12 18.