CCj Claim from Mortimer for Cabot No letters received How I stop this !

[Amethyst]

So starting off something like this..just as an idea.....once we know what the Particulars of Claim said ( can you type them out pls from the claim form) and what other responses you have had from them off the back of the other letters, we can expand. We'll need to include Lloyds failure to default the account as well.

1.The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on [Date you received the claim]

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim is alleged to be for a Lloyds Bank Credit Card agreement regulated under the Consumer Credit Act 1974.

4.On the [Date in APRIL ] The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

5. The Claimant failed to comply with the request.

6. The Defendant did not hear from the Claimant after requesting a copy of the documents until receipt of the claim form, contrary to the Pre-Action protocols for Debt Claims.

5. The Defendant further sent a formal request on [Date] after receipt of the claim in this case.

6.The Claimant has acknowledged in writing that the original Creditor, Lloyds Bank, is unable to produce any copy of the alleged agreement and accepts the debt is unenforceable.

7.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

8. Therefore it is the Defendants contention that the claim should be struck out as having no prospect of success.

[seaweed99]

Today I got home and received this from Mortimer Clarke in response to the CPR, nothing for SAR from Lloyds

We acknowledge your request for docs pursuant to CPR 31.14

We confirm our client is willing to agree to the extention of 28 days for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agrreement.

CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclose of evidence during the course of proceedings

We acknowlege your request for documents pursuant to sections 77/79 of the Consumer Credit Act 1974

For the aviodance of doubt, this firm acts on its clients instructions. The firm does not hold the documentation yoou have requested. We have asked our client to proice them and will come back to you as soon as we can.

In the meantime, the matter has been placed on hold and no further action will be taken.

Not sure what this means ?

[seaweed99]

Particluars of Claim

By an agreement between Lloyds and defendant on or around 3/6/2008 ("the Agreement") Lloyds Bank agreed to issue the defendant with a credit card. The defendant failed to make minimum payments due and the agreement was terminated. The agreement was assigned to claimant. The claimant therefore claims 5034.41 2. Costs

The only teo others letters I have receivbed are above in response to the CCA andf CPR requests

[Amethyst]

Ok ...

We confirm our client is willing to agree to the extention of 28 days for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agrreement.

That works both ways, if after the 28 day extension ( so takes you to the beginning of March ) they still haven't provided the documentation the court is less likely to allow them further time... conversely it does give the claimant more time before you file your defence .... swings and roundabouts.

So you you need to inform court of the agreed extension ... there's an example here .... https://legalbeagles.info/forums/for...filing-defence. .... but check the relevant email address with the court as they keep changing them.

[seaweed99]

My claim is dated 7th Jan 2018, 33 days is 9th Feb. Is this extension 28days after this i,e 9th March?. Sorry for being dim, do I file my defence before the 9th Feb or do I have until 9th March. Im just sending court letter about exension so checking dates.

Also last year when I contacted them for the CCA they could not provide it and sent a letter statig the debt was unenforceable, this is the reason I stopped paying. The next thing I receive is that CCJ, although they are saying they have sent numerous letters (a telephone conversation on day I received CCJ).

Thanks so much. This site is so helpful

[seaweed99]

Emailed the court of the extra 28 days. Does that make a difference Lloyds did not default. It was only defaulted after the debt was sold.

[Amethyst]

Do you have a copy of the default notice ?

The extension of 28 days takes you to 9th March - so you need to file your defence before then.

[seaweed99]

I never received a default notice I saw it on my credit file and rang them and they said they had to our it on the account. That was back in 2013.

[seaweed99]

They have me a default on another account verbally which is dated wrong. My fight to change the date on that started this whole process. I defaulted on everything in 2012.

[seaweed99]

I never had a default from Lloyd’s. it only default 8mths or so later after it was sold to Cabot. I will prepare my defence and post for you to look at. Is that ok ?

[Amethyst]

Did you get anything back from your SAR to Lloyds ?

It will have defaulted before it was sold to Cabot. Cabot will have taken over the reporting to your credit file. On Noddle ( for example) the default date isn't when the red D markers start - you should be able to see the actual date of default;

(I've circled it on one of mine from Noddle )

[Amethyst]

I never had a default from Lloyd’s. it only default 8mths or so later after it was sold to Cabot. I will prepare my defence and post for you to look at. Is that ok ?

Yes of course xx

[seaweed99]

Just checked Noddle it’s dropped off in may this year so no longer on my credit file. I will resend the sar to Lloyd’s tomorrow as I didn’t send that registered post. And hopefully get exact date. So I need to do anything else.

[MIKE770]

Recorded delivery cheaper

[seaweed99]

Still nothing from Cabot. Had a call from Lloyd’s asking what I wanted and stated they would post it but nothing yet. Apart from the details noted earlier in this thread do I need to state anything in my defence. Will trip up tonight and post. Any advice appreciated. Do you think I may win this and get the ccj rejected ?