Advice needed please - Mortimer Clarke / Cabot / Tesco

[Sardine]

I received a CCJ claim from Mortimer Clarke for a Tesco credit card in April 2017. I requested a copy of the credit agreement and was informed they do not hold it. I informed the Court of this and heard no more. In August this year they sent me a copy of an application for a card I made in 1998 which requested a balance transfer. As the balance was on a card I was a 2nd signatory for the application was declined. They have now sent notice of Proposed Allocation to the Small Claims Track claiming they have sent me the relevant documents! I have to respond by 21st December and have no idea where to go with this. Could somebody help me please?

[Amethyst]

Hiya, Okay so you received a claim from Mortimer Clarke ( acting for Cabot? ) for a Tesco Credit Card you took out in 1998.

The card was taken out in your name for the purposes of making a balance transfer from another account, but as you were not the account holder, only 2nd signatory on that account, the balance transfer was declined.

Did you then go on to use the card at all ?

How much is the claim for?

Do you still have the original claim form?

Did you file a defence in the claim ? ( thinking you telling the court no agreement had been provided was taken as your defence ?)

The claim has been stayed ever since and the claimant has applied now to the court to lift the stay and proceed with the claim, and you have received a 'Directions Questionnaire'? or you have received a notice of the application being allocated to small claims ? Did MC send you a copy of the application ?

Probably need to see what they have sent you and what the allocation to small claims track letter actually says.

NB@ Tesco Personal Finance started doing credit cards in 1997.

[Sardine]

Hi Amethyst

The card was refused because I was a second signatory on the Barclays account that I wanted to transfer a balance from but they are saying I had the card because I applied for it.

I was never issued with the card and they are not saying what the balance is. I do have the previous paperwork and claim form.

I filed a defence that they had failed to provide anything and they say I agreed a stay?

About a month ago they sent the application form from 1998 and are saying that is the information I asked for and have told the Court they have provided the information I requested - a signed credit agreement, but they haven't.

I have received a Directions Questionnaire which I have to complete and return by 20th December and I have no idea what to put on it

I have attached the front page and their claim details.

Thanks for your help with this, I am out of my depth now, sorry I couldn't get the pics to upload yesterday

[Amethyst]

Ok - could you dig out what they have sent you and upload that or email me please.

With the directions questionnaire sure you should submit a response to the application .... so if they haven't tried to settle etc as they state in the application we need to say so, same if they haven't provided the documents---- so need to know what they have sent....

also what you entered as a defence pls - if you put that on moneyclaim online you might be able to access it if you don't have a copy

- send a SAR to Tesco finance as well ASAP

[Sardine]

Hi Amethyst, I have the letters, there are 21 pages I will try to attach them to an email. Could you let me know your email address please?
My defence was: I intend to defend this claim and state the following:
I do not believe that I owe this money. Therefore, I wrote to Cabot and Mortimer Clarke Solicitors on 27 April 2017 upon receipt of the CCJ claim D7xxxxxxxxx. I requested a copy of the credit agreement and full account details enclosing £1 payment from Cabot and informed Mortimer Clarke that I had written to Cabot.
I received a response from Mortimer Clarke Solicitors dated 03.05.17 stating that they do not hold the documentation and that they have asked their client to provide it and they would come back to me as soon as they can and that they have placed the matter on hold and no further action will be taken.
I have a copy of all correspondence.
As I haven't had received any documentation from Cabot or Mortimer Clarke Solicitors and they have now informed me that they have placed the matter on hold and will take no further action for the meantime then I have been unable to file a proper defence to this claim.

I have typed a SAR for Tesco and will send it off tomorrow

[Amethyst]

Oops yes that would help wouldn't it - admin@legalbeagles.info

Defence is okay, little short and doesn't mention consumer credit act at all, but shows you have tried to find out more details about the debt and the claimants have failed to provide anything ( at the point you filed the defence ) - probably have to ask for permission to amend the defence - but in reply to the application made by the claimant you can expand on the points in your defence taking into account the further information they have provided... so hoping to get either a summary judgment in your favour or get an order for them to serve the rest of the documents on you and you to file a further defence in response ( without having to find the application fee etc ).

I'll keep an eye on email.

Good re SAR going tmw. Think that might turn out important.

[Sardine]

I'm trying to send them now, there are 20+ pages so I've sent them as 3 zipped files, if they ever go that is.....

[Amethyst]

Got a zip file through just now Haven't opened it yet - I guessed it might be you but just came to check first in case it was some Russian trying to release the kracken on me lol.

[Sardine]

I sent one from Yahoo and 3 from Outlook, the one from Yahoo is a copy of the Outlook as it wouldn't go but I think it's started sending them, just snail mail pace unfortunately

[Amethyst]

The claim is for around £3.5k ?

That front sheet shows it was applied for in 2002 ( not 1998 ) and can see you asked for a balance transfer of £1900 ( but that was turned down you believe )


( I've unapproved those front page uploads as there was still a lot of personal data on them, but I can still view them )

Just going to have a mooch through the other bits.

[Sardine]

The application was turned down so I don't know where they're getting this from??

[Amethyst]

Okay just for me to be sure what you're saying - you applied for a Tesco card ( application that's attached ) but it was turned down - completely - ie no account - you never received a card or used the card ? ( and not just the balance transfer element was turned down but you still got the card etc the whole thing was declined and you never had a card with Tesco ) Sorry to go on but it's important to know which way to go.

Have you still got the original claim and your original defence ? Think I need to see those.

(IF you're doing the pics on your phone, and you have an iPhone?, take the pic then screenshot the pic before sending - makes it a lot smaller)

[Amethyst]

I have a feeling you might of concentrated a bit much on 'doing things right' and haven't actually said to Cabot or Court " I never had this bloody card or spent any money on it " …. ?

[Sardine]

I had a card with them a couple of years later but not from that application

I completed the claim online and that's what I posted earlier

I'll email the original claim to you because I can't take the detail out

[Amethyst]

Okay, I'm back in the room then. That makes sense.

I'll have a look at the particulars and then we can get some response to that application started off.

Did you send the SAR to Tesco? ( I know I keep whittering on about it but it might end up important )