Mortimer Clark Court Claim

[ForumLurker]

Okay,

Thanks guys - noted on the offer.

So at the risk of sounding obtuse, what do I do now? Do nothing or submit a defence? If the latter, could anyone assist with the composition of the defence? I'd like to get it submitted straight away if I need to.

Thanks again guys - you're a God-send!

[MIKE770]

Example Defence

[ForumLurker]

Cheers Mike,

I've just went to log onto the Moneyclaim website and it says my Claim No/Pass are invalid? Definitely the correct ones I responded with a few weeks ago.

Is it possible they have withdrawn the claim?

Is there a way to check, or is it a case of ringing the court in the morning?

[GBExile]

Cheers Mike,

I've just went to log onto the Moneyclaim website and it says my Claim No/Pass are invalid? Definitely the correct ones I responded with a few weeks ago.

Is it possible they have withdrawn the claim?

Is there a way to check, or is it a case of ringing the court in the morning?

You will have to call the court.

Do not call the claimant

[ForumLurker]

You will have to call the court.

Do not call the claimant

Will do. Thanks GB.

I''ll update here tomorrow.

[ForumLurker]

Hi again all,

I'm now preparing my defence ready for submission, but was waiting to see what came back with regard to documentation. Clydesdale Bank have written to me (responding to SAR) stating they 'cannot match my details with the records they hold on file.' They have requested I send them 2 x certified copies of ID and a signature...

Am I obligated to provide this?

I will post my defence tomorrow ready for submission tomorrow night, so would appreciate any input prior to submission.

Thanks again!

[ForumLurker]

Defence looks as follows. Please feel free to edit amend as you see appropriate - I'm still a lttle most by it all. Equally, if someone could clarify which Credit Act parts are the right ones, I would be sincerely grateful..

Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.



It is admitted that I previously entered into an agreement with Clydesdale Bank for provision of credit.



However, Mortimer Clarke’s statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

On the 7^th May 2019, I sent a request for inspection of documents mentioned in Mortimer Clarke’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors. I requested they provide copies of the Credit Agreement, The Notice of Assignment and the Default Notice. To date, I have only received a copy of the Notice of Assignment. Additionally, Mortimer Clarke have stated that the matter is on hold and the no further action will be taken (see attached).



On the 7^th May 2019, I sent a formal request for a copy of the original agreement to Clydesdale Bank Ltd. pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. Clydesdale Bank have responded stating they are unable to match my details with any they have on file (see attached).



Martimer Clarke have failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.



15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.



17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

[GBExile]

Hi again all,

I'm now preparing my defence ready for submission, but was waiting to see what came back with regard to documentation. Clydesdale Bank have written to me (responding to SAR) stating they 'cannot match my details with the records they hold on file.' They have requested I send them 2 x certified copies of ID and a signature...

Am I obligated to provide this?

I will post my defence tomorrow ready for submission tomorrow night, so would appreciate any input prior to submission.

Thanks again!

No you are not obligated to do jack all apart from what the court orders

[ForumLurker]

Thanks GB.

Is my defence okay? I need to submit tonight as tge deadline is tomorrow.

Thanks.

[ForumLurker]

Sorry to bump, but can anyone help me tweak my defence tonight? :-)

[Amethyst]

Hiya xx Just having a read through ....

[Amethyst]

Just on the SAR quickly

Clydesdale Bank have written to me (responding to SAR) stating they 'cannot match my details with the records they hold on file.' They have requested I send them 2 x certified copies of ID and a signature...

Am I obligated to provide this?

They are obligated to satisfy themselves as to your identity - certified copies of ID is a bit heavy though.

Can we ask an individual for ID?

If you have doubts about the identity of the person making the request you can ask for more information. However, it is important that you only request information that is necessary to confirm who they are. The key to this is proportionality.

You need to let the individual know as soon as possible that you need more information from them to confirm their identity before responding to their request. The period for responding to the request begins when you receive the additional information.

so I'd respond and say thats a bit disproportionate, here's a copy of my driving licence.passport etc if you want to send the docs requested to my local branch I would be happy to collect them there.

Maybe also put in the letter past address and your DOB to aid them in identifying the relevant account.

[Amethyst]

HAVE YOU SENT THE CCA REQUEST TO CABOT? or JUST TO CLYDESDALE ???

SAR to Clydesdale

CCA to cabot

CPR to Mortimer Clarke xx

Just to check before I fully edit the defence?

Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

This claim is for an alleged debt owed under a Credit Card agreement regulated by the Consumer Credit Act 1974.

The Claimant's statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

On the 7^th May 2019, I sent a request for inspection of documents mentioned in the statement of case under Civil Procedure Rule 31.14 to the Claimants Solicitor. I requested they provide copies of the Credit Agreement, The Notice of Assignment and the Default Notice. To date, I have only received a copy of the Notice of Assignment.

In their response, the Claimant's Solicitors have stated that the matter is on hold and that no further action will be taken. However they have failed to confirm a formal extension as requested under CPR 15.5 therefore I am obliged to file this defence. In the event that the relevant documents are received from the Claimant, then I will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

On the 7^th May 2019, I sent a formal request for a copy of the original agreement to Clydesdale Bank Ltd. pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. Clydesdale Bank have responded stating they are unable to match my details with any they have on file.

The Claimant, as creditor, 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.

Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

I respectfully requests the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

[ForumLurker]

Hi Amethyst,

Firstly, thanks so much for picking this up - I truly appreciate it!

Just to clarify then...

SAR to Clydesdale - response as above.

CCA to cabot - No reply as yet.

CPR to Mortimer Clarke (along with a copy of CCA request). Only copy of Notice of Assignment received so far.

Hope that helps!

[Amethyst]

Cool that's right then and you'd just got it muddled in the defence xxx give me ten mins then