Cabot/Marlin/Mortimer Clarke

[Tracie1771]

Can you please give me some guidance on what to write on my defence as it would appear it's due by tomorrow and I'm really nervous of writing the wrong thing. I'm assuming it's a simple: they haven't provided proof that they own any debt or that a debt actually exists, also no response from HSBC re the SAR. Would that be correct? Thanks again

[Tracie1771]

I've just reread their latest letter and I missed something. They say that because it was a current account there is no written agreement but that they have requested a copy of the overdraft facility letter. They also agree to an extension of 28days for the defence and that I should notify the court in writing. I'm guessing an email won't do and that I'm now too late to do this??

[Amethyst]

You should be fine with email - see https://legalbeagles.info/forums/for...filing-defence


Here's an Example Defence for if you need it but you should be okay doing the extension ( it's an agreement between the parties ) Keep the CCA parts in and amend some wording to say it appears to be overdraft AND credit card/loan

[Tracie1771]

Thanks again. I wrote the email and sent a next day guaranteed delivery letter so hopefully all will be well. I have also now received an acknowledgement from FD about the SAR. I sent this to them on 11th March. They have written that it was 'accepted for processing' on 21st March but at least it's being acted on now. We shall see what comes of it.

[chareosS]

having briefly read through this it appears that they have only mentioned an overdraft in the claim ? and you are convinced that the overdraft debt you had is much less that what they are claiming ? as a loan has been added to the debt amount ?

the statements that cabot sent you showing how the sums allegedly owing have become due have they made the sum due and owing 'fit' with what they are claiming ?

[Tracie1771]

Chareoss I'm not sure what you mean but the so called statement they've provided doesn't show anything except eg Payment £100 1st April 2014, that kind of thing. It doesn't show any descriptor. Also, none of the paperwork they've sent shows anything in terms of FD statement of account or credit card statement, only that one list of about 10 payments on their own headed paper.

[chareosS]

hi
if the balance of the debt is xxx and the balance is made up of an overdraft AND a loan or credit card then that would explain the nature of the statement you have received from them, which tells you nothing at all as to how the alleged sums outstanding have become due.

this is only my opinion and others may think differently, but what i would do is: Make a request under part 18 for further information and request clarification of how the alleged sums have become due and owing, request statements of account to clearly show how any outstanding sums have become due.

also in their claim form under particulars of claim what are they saying ? are they saying this debt relates to an overdraft only ?

[Tracie1771]

Chareoss, yes it states 'monies owed under current account overdraft'.

[Tracie1771]

You should be fine with email - see https://legalbeagles.info/forums/for...filing-defence


Here's an Example Defence for if you need it but you should be okay doing the extension ( it's an agreement between the parties ) Keep the CCA parts in and amend some wording to say it appears to be overdraft AND credit card/loan

I have now received the personal information stuff from FD. There is the biggest pile of paperwork, most of which means absolutely nothing to me. There are however a couple of abbreviated transcripts of phone calls that state the overdraft is £500.

I assume this is the kind of thing I'm looking for but what should i do with this and should i look for anything else? There's just so much of it!!

[Tracie1771]

I'm in the process of submitting my defence now. subsequent to my second letter to Mortimer/Cabot requesting documents (having received their initial response to the SAR/CCA etc, saying they thought i had already seen everything, could i confirm what i needed) in which i told them i hadn't had any of them before. I haven't heard a word from them. I have received lots of stuff from HSBC further to my request for info from them. Interestingly, it gives a complete statement of the bank account in question. The amount MC/Cabot are claiming from me is c1500 but my closing bank balance was c-200. It clearly is a combo of the account and the credit card which they don't mention in their particulars of claim. Anyhoo, not sure what the lack of response from them means, probably nothing but my defence is based on your example so I've simply tweaked the green bits. Is that all i need to do?

[Tracie1771]

btw i'm still a bit unsure whether i should be mentioning somewhere that i believe they are trying to claim for the credit card, or not. should i include that in para #3?

[Amethyst]

You can say you have had products with hsbc in the past but have never had an overdraft over £200, have no records of such and put the claimant to strict proof ( of course if they are pleading it's an overdraft ) no need to say it might be a credit card mingled into it st this stage. Get your defence in THEN go through the FD stuff you've received in prep for if the claimant wants to proceed.

[Tracie1771]

You can say you have had products with hsbc in the past but have never had an overdraft over £200, have no records of such and put the claimant to strict proof ( of course if they are pleading it's an overdraft ) no need to say it might be a credit card mingled into it st this stage. Get your defence in THEN go through the FD stuff you've received in prep for if the claimant wants to proceed.

Had confirmation letter from the court to say they would send copy of defence to the Claimant. Just now also had confirmation from MC saying they would consult with their client and in the meantime everything is on hold. Still no further response to my request for information from them. Am hopeful. Thanks so much for your continued help and support.

[MIKE770]

Note:- they cannot put anything on hold once a claim has been issued by themselves, only a court can = follow any court instructions, no doubt they have trouble getting things to-gether as they usually do hoping you panick and pay up? read other threads regarding that dirty trade lot?.

[Amethyst]

If the claimant doesn't inform the court they intend to proceed then the case will be put on hold by the court. If this is the case you won't receive a directions questionnaire. Check with the court about six weeks after filing your defence to check the status. If it has been put on hold ( stayed) the claimant would have to make an application to continue thereafter. If it's on hold beyond a couple months you could consider applying to strike the case out based on the lack of documentation/ evidence .

for now it's a case of wait and see if you receive a directions questionnaire xxx