CCJ Claim Form from Cabot/Mortimer

[Cloverrover]

Here is their letter received today, dated 6 Dec. Many thanks

[Amethyst]

Perfect It's nice to see a proper response to the extension request. Up till now they've just said random shizzle about it being on hold indefinitely which left defendants in a bit a uncertain limbo....but this is actually clear and correct.

Yes do a copy of the full letter and attach it to your email to the court as per my last post xxx

Have you sent a SAR to Lloyds at all ? That might help from your side.

So other than the extension part they are doing the old ' you've already seen the document ' stuff... so we should reply to them on that... a kind of "thanks for the extension, have informed court, to confirm I require copies of x,x and x and look forward to receiving these before I file my defence at the expiry of the extension" letter. Probably also mention that you have done a CCA request in it too. /you could mention negotiation if you're in that position ( while they'reon the back foot can be a good time to get a deal )

Now, your priority is to avoid a CCJ. You've worked hard to clean your credit file and a CCJ would really cause some issues by the sound of it.

So while waiting for the documents from Cabot and the response from Lloyds, I'd be sorting out your income and expenditure sheets and checking what kind of offer you might be able to make should the documents and debt be valid. If nothing arrives from Cabot/Mortimer before you file your defence you will have a few more months, so could spend that time trying to get yourself in a position where you could make a full & final settlement offer as a one off payment to have the claim withdrawn, or so you at least know what kind of instalment payments you could make under a consent order ( so the claim is on hold in court without a CCJ being applied while you make payments ).

[Cloverrover]

Right I’ve done all this. Confirmed to the court and written to Mortimers. I didn’t mention negotiation but I did say I want to avoid a judgment. We’ll see what they say. In the meantime I’ve now had a response from Cabot to confirm they have requested a copy of the CCA and statements.

Ive also had a response from Lloyd’s it seems they forwarded my request to Bank of Scotland! Who we currently hold accounts with. So I will have to respond asking for specifically Lloyd’s details. I’ll do that today.

[Cloverrover]

Hi there, I’ve had the attached letter from Cabot today. Any advice on if I need to do anything? This is direct from Cabot not Mortimers. Also had no confirmation from the court that the extension on the deadline has been confirmed to the end of January. It’s that time in between Xmas when you don’t know what day it is or where will be open :/

[Amethyst]

That's a standard response from Cabot and generally just means they're a little out of the loop regards what's happening with the court claim.

If you notified the court of the extension all should be fine - the court don't confirm it back to you - do just prep your defence to go in by the end of the agreed extension.

[Cloverrover]

Hi there again,
I’ve had another letter from Cabot today but still nothing from Mortimers.

Should I chase them up next week perhaps? I’ll need to file a defence by the end of the month.

Thank you so much!

[Cloverrover]

Amethyst Dear Amethyst, I think I’m going to have a go at submitting a defence today. It needs to be in by Monday. I’m assuming I can do this online but I’ll get the words together this morning. Would you have any final thoughts on this? Still nothing from Mortimers unless I get something in this mornings post. Last contact was from Cabot saying it was unenforceable. Many thanks for all your help it’s been literally mind-saving!

[Amethyst]

Sounds like a plan, you can submit it via Moneyclaim online ( assuming the system is working of course ).

I'd amend your defence from the example to say you agreed an extension to give them more time to provide documents and still nothing - and that the claimant has confirmed ( twice?) that they are unable to comply with your CCA request and therefore the debt is unenforceable. Example Defence

If you post up a draft will have a go through it.

[Cloverrover]

It does seem the website isn’t working :O:/

[Cloverrover]

Argh I’m having a complete nightmare. I can’t log into MCOL it’s not accepting my details. So I’m getting really paranoid thinking I sent the extension details to the wrong place and it’s all been done and dusted whilst I’m sat here waiting for Mortimers to pull their finger out. I tried calling but there were 35 people ahead of me in the queue. I’ve emailed all the details over with the defence submission hoping for a miracle.

Would I have received the court paperwork by now if it gone through by default? If it has I’ll have to look at a set aside?

[Matty B]

You can always serve your defence by email, has amethyst looked at it and advised.?

By the way , how much is this for , did you say and did I miss it?

[Cloverrover]

No I panicked and just wanted to submit my defence ASAP so I emailed it yesterday afternoon. Everything was working so slowly yesterday IT wise it took me ages to get it all together. The claim is for £2200. I sent the extension details over the court court business centre email in December which gives me until Monday to submit. But there are so many different emails to use, itshardly user friendly. When you call them it’s always so busy.

[Cloverrover]

Still nothing today in the post. I’ve submitted everything via email to the correct address and will do the same with Mortimers. I’ve just got to trust in the judgement gods that they heard my prayers and the right thing will happen I couldn’t have done anymore really.

If by sheer bad bad luck they never got the extension details and they have defaulted it (paperwork pending to find its way here) can I appeal?

[Amethyst]

The courts have been having a bigger nightmare than usual with their IT systems over the last few days, so don't be paranoid - it's affecting everyone not just you, but it may be worth putting a hard copy of the defence in the post to them as well IF you haven't had an acknowledgement of receipt of the email back from HMCTS.

The extension is an agreement between the parties, nothing to do with the court. It is the Claimant that has to apply for a default judgment if you are late with the defence, the court doesn't automatically apply it. So the Claimant is aware they agreed to an extension and thus should not file for default. If they did then you would ask them to set it aside at their cost and proceed with the claim.

[Cloverrover]

This fabulous thank you Amethyst I think I just lost 10 years aging I gained in the past 2 days!
I have had an auto receipt for my email submission yesterday. Phew.
I have definitely sent it to the correct address according to their auto reply I have thoroughly checked.
Ok fingers crossed.
Hoping for something, anything at all from Mortimers.
Thank you soooo much for your help! I hardly slept last night