Running out of time - best partial defence strategy?

[PERRIWINKLE!]

Hello. For reasons I won't go into I only have a few days left to file my defence / partial defence (I already filed an acknowledgement of service to give me additional time).

I have received a CCJ threat from the court for a fairly recent Cabot / Mortimer Clarke debt, which i had pretty much ignored until the court letter arrived.

last payment.acknowledgment date> >>>>>>????? - nothing for a few months, was hoping I would be offered a discounted settlement offer and pay it off in one hit as i have several debts currently

Received a claim? Yes/No: yes
Issue Date: 6th Jan
Have you Acknowledged the Claim?: Yep, i filed acknowledgement of service
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) approx £600 plus court fee & 'solicitor's fee' adding on another £150
Claimant’s Name: Cabot / Mortimer Clarke
Solicitors Firm: Mortimer Clarke
Original Creditor: Marbles
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
List any letters you have sent (eg: CCA/ CPR ): Emailed Mortimer & Cabot offering £approx 60% to clear the debt in full settlement, with no response
Any Other Information or Background Details: Card was only issued about 3 years ago and i would assume the credit agreement etc is all in order - effectively i don't want to try and wriggle out of this debt but i would like advice on how to file a part defence of some sort explaining i have been in considerable financial difficulty, and making either a FFS offer of something like £300-£400 (what is reasonable?) or an offer to pay in 2-3 instalments. They key here is that avoiding a CCJ on my credit record is the most important thing.

If anyone could give me some advice on the 'best' way to proceed on the basis that i want to make an offer to settle the debt, before a CCJ is formally issued and further costs are incurred, that would be great. Unfortunately time is not on my side as i have left this very late.

I do have one angle in that i was put on several different payment arrangements by Marbles card themselves which i repeatedly did not stick do, and despite telling them numerous times (only verbaly) i was in considerable financial difficulty (no records of these calls and no logs or anything, just my word against theirs), they still continued to charge interest on the debt even when i was overlimit etc and making token payments in dribs and drabs to try and bring my account under the limit. I was planning to file a partial defence on this basis, that i should not ow so much interest, and that I would like to make an offer of settlement.

it would also be handy to know how much is likely to be accepted before i make the offer, and if there is a set template or wording that i should use to make this offer, both the instalments route (preferred tbh) or the FFS route.

I greatly appreciate any help that can be given. Thank you

[Amethyst]

Hi, I'll reply properly tmw but don't put a part admission in or you will get a ccj - to avoid it your best best is to send a defence in ( not offering anything probably something relating to the particulars being vague will look in morning ) then negotiate directly with the claimant to settle either f&f or by instalment on the basis they put the claim on hold. So don't panic tonight and put something in on MCOL ... I'll come back in morning xxx

[PERRIWINKLE!]

Great, thank you so much I have a couple of days left to act so I am not panicking ...yet...!

[Amethyst]

Okay. You should send at least the CCA request - they should be able to comply but you need to check the terms of the agreement with regards missed payments and charges and interest rates and whether they were correctly applied. Please do that as it may be useful for your negotiating position once the defence has gone in. CCA Request

Defence wise, keep it simple - it is basically, in this case, buying you a bit more time before going in to negotiate settlement. So once this is in the Claimant has 28 days to respond to the court to say if they wish to proceed, so I'd say give it a couple weeks, allow the 12 days for the CCA request to pass and then contact the claimant directly and re-offer your 60% settlement and ask that they withdraw the claim or, if you are having to pay it by installments, ask that they put the claim on hold via a consent order.
Have a read and amend as needed... as I said I've kept it relatively informal to suit your circumstances but it does still include the important points required to get you in a better position for negotiating.

1) This claim is for a credit card account agreement, regulated by the Consumer Credit Act 1974 between myself, the Defendant, and 'Marbles'. I have had a card account with Marbles in the past however the Claimant has provided minimal information and I am unable to plead effectively.
2) The Claimant states the agreement has been assigned to them on xxxxxxxx 2018 however has not provided evidence of such assignment.
3) I do not recall receiving a Default or Termination Notice from the original Creditor. This is required pursuant to s.87 Consumer Credit Act 1974.
4) I was in communication with the original creditor and attempted to make payment arrangements with them due to my financial hardship however they acted unfairly, and continued to add interest and charges to the account which appeared to increase despite my efforts to make payments - potentially an unfair relationship was created by the agreement contrary to s140 Consumer Credit Act.
5) I require a full breakdown of the sums being claimed and a copy of the terms and conditions relating to the account that gave the original credit the right to charges interest, late payment and overlimit charges on the account.
6) I do not have a copy of the original agreement or terms and have sent a request under s.78 Consumer Credit Act 1974 to ask the Claimant to provide a copy so that I can assess my position further. I respectfully request the court orders the Claimant to provide evidence of the assignment, default or termination and any notices served and the original agreement and accompanying terms, as well as a full breakdown of the account.
7) Once documents have been received I will be in a position to amend my defence or consider settling the account and respectfully request the court asks the Claimant to cover the cost of an application to make such amendment.
8) The Claimants claim is denied

[PERRIWINKLE!]

Thank you... Fwiw it looks like my deadline is actually tomorrow so I will have to do this tomorrow evening .

May I ask, in paras 1,2 and 3, they have sent me loads of correspondence which I have basically just ignored including numerous copies of default notices etc. Given they have done so plus no doubt they can provide all the letters, might a judge get a bit annoyed with me claiming they haven't?

Lastly the bit about asking the claimant to pay any amendments cost. Not too cheeky? Sorry to sound so naive ... First time with all this.

Lastly can I buy you a coffee for your troubles or make a small donation somewhere for you? Thank you for your support.