County Court Claim - Cabot Financial / Mortimer Clarke Solicitors

[Jellard86]

Thank you.

Just completing the CPR letter and wondering what date I put at the end of this line:

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence onxx/xx/xxxx.

[Amethyst]

Your defence date is Tuesday, 23 April 2019 so I'd put Friday 19th April.

[Jellard86]

Ok, thank you. All letters drafted, I am going to send the SAR today to Newday Ltd and the CPR and CCA tomorrow. I'll keep you posted.

Thank you very much for your help.

[Amethyst]

No worries, I know it seems odd to go through this when really you want to just arrange to pay - but your offer is pretty high for installments and they have refused in favour of having a CCJ , quite irrationally in my view and possibly because the person you spoke to was in training rather than actually talking sense........ so your aim really is to get to a position where they will accept the offer without your having a CCJ applied against you for 6 years.

[Jellard86]

Yes definitely I would prefer to avoid the CCJ - So happy to follow the procedure. :-)

[Jellard86]

Amethyst - I am sending the CPR and CCA documents today as I couldn't find cheque book so had to get a postal order today. Should I include a cover letter or include on the letter that I have offered the £300 to Mortimer Clarke but this was rejected?

[Amethyst]

Nope, no need. Just the bog standard CCA request to Cabot ( with the postal order ).... and the bog standard CPR request to Mortimer Clarke

[Jellard86]

Amethyst - I have another query not related to this but about an email from what looks KPMG regarding a redress claim from Wageday Advance , should I put this in another thread?

[Amethyst]

Probably yes, it is unlikely you will get the full amount due actually refunded - there was some press about this yesterday https://www.bbc.co.uk/news/business-47784109

recipients must reply to claim the compensation that has been calculated.

The number of claims will determine how much is eventually paid out, but it will only be a fraction of the full amount. Anyone with outstanding loans will still have to pay off the balance after compensation has been subtracted, although fees and interest have been permanently frozen.

[Jellard86]

Amethyst - Sorry work has been a little crazy ahead of annual leave but I have received 3 letters as follows:

1. 02/04/2019 from Mortimer Clarke Solicitors saying, "We acknowledge your request for documents pursuant to Section 78 of the Consumer Credit Act 1974. For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide 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."

2. 03/04/2019 from Aqua with a heading of "We've updated your address details" and thanking me for letting them know about an address change. Which I have not and can only assume they have had this following my SAR letter to them. Do I send the SAR letter again as I have had nothing further from them?

3.05/04/2019 from Cabot Financial saying, "Thank you for your request for information under sections 77-79 of the Consumer Credit Act. Unfortunately we currently do not have the relevant information on file, so we will be requesting a copy of the credit agreement and T&C's from your original lender, as well as a statement of your account. This may take some time, but we will write to you within the next 12 days with an update." - To date I have received nothing further. They also go on to say, "You still have an outstanding balance of £****** and you currently do not have a plan in place with us. We would like to discuss the available options with you and find you an affordable solution for this account. This account may be on your credit file and could affect your ability to get credit, apply for a mortgage or even a phone contract. Even if we are unable to supply the paperwork, this account will remain on your credit file for 6 years from the date the default was registered."

What are your thoughts? What are my next steps? I'm conscious of the deadline of AOS etc.

Thanks

[Amethyst]

AOS logged: "Thank you. You have successfully submitted your Acknowledgment of Service (AOS) form to the court."

"A claim was issued against you on 21/03/2019

Your acknowledgment of service was submitted on 27/03/2019 at 14:24:05"

Just went back to check that went in, so phew - all okay.

So next step really is to get your defence in.... as they haven't yet provided anything it can be quite standard so take a look here for an example Defence

After that's in and served on Cabot / MC by the court you can consider whether you still want to make an out of court settlement/installment offer - as at that point you are safe from a judgment until you get to a hearing. You do of course have mediation in between filing your defence and having a hearing where you can negotiate settlement terms without having the CCJ and in the knowledge anything agreed will be laid out under a mediation agreement.

Cabot's letter is annoying.... it's almost as if they don't even realise they are taking you to court already... or that you have offered a perfectly reasonable repayment plan already that they have refused.

So your defence needs to be in before 33 days from the Issue Date: 21 MARCH 2019.... sooooooooo (pops off to do the Math) Tuesday, 23 April 2019

so really you want to get it in over the weekend.

[Jellard86]

Thank you.

Yes I agree, it's almost as if they have no idea that Mortimer Clarke were offered a decent monthly repayment but turned it down, communication lacking there!

Are they basically hoping that I wont get my defence in on time therefore will be served with a CCJ by default?

So I understand it right, I could still arrange repayment before serving a defence and no CCJ will be applied?

I will take a look over the defence link you gave later and come back with any questions, if that is ok?

Thank you so much for your help.

[Jellard86]

Just looking at the defence letter now whilst I have access to microsoft and this line here:

4.It is [admitted/denied] that the Defendant has [previously] entered into [an agreement/agreement]with [Original Creditor /Claimant] for provision of credit.

I am assuming that I am putting: It is admitted that the Defendant has previously entered into an agreement with Aqua for provision of credit.....? As I have admitted to having the debt (now I know who this is ultimately referring to but my offer of repayment was refused.

[Jellard86]

So Sorry....

I also don't recall these dates, can I find these somewhere?
7.The Claimants statement of case states that the account was assigned from [Original Creditor] to[Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

[Amethyst]

Of course, ask anything at all.

I used to think they did the 'keep your account on hold' letters to try make you not file your defence so they could get a default judgment.... but really, they don't, they actually have sod all idea of the court process because communication between them and the sols is rubbish. I was giving them too much credit lol.

Anyway, the aim ( in your circumstances ) is to get it so it is more beneficial to them to settle with you out of court than continue with the claim. While they are in default of the CCA request and CPR 31.14 request, and after you have put a defence in ( so they know you will be defending on those grounds if they don't come up with the documents ) is normally a good time to settle the claim with a sensible installment plan. There's options you can try - either wait until Mediation and do it then ( if still no documents by then you want a discount and an affordable monthly installment with the CCJ withdrawn/discontinued or put on hold so they have some security in case you stop paying ) OR they will agree a 'consent order' known as a 'Tomlin order' which is an agreement between you on the same lines, but normally that's if mediation fails and they do produce documents.... we know your card was opened online and only 5 years ago so it is likely they will get the documents so it's a bit of a game of chess at the moment to get a repayment schedule that suits you, is manageable, and keeps a CCJ from being applied.

There is of course the chance they will push on to court... which from filing a defence is usually 4/5/6 months until you get to a hearing - so you can be putting away that £300 a month you had offered them over those few months - possibly to do a full & final settlement offer. Or, of course, there could be fatal issues with their paperwork which means you win the case... but tbh that is unlikely with a recent debt.

Its a case of taking it as it comes I'm afraid and constantly reassessing where you are.

If you file an admission and offer to pay you will have a CCJ.

If you file a defence, then so long as you follow the court process ( returning directions questionnaire etc), they wouldn't get a judgment until after a hearing - which is wayyyyy down the line, and there's plenty of opportunity for you to settle in betweeny times.