Help with defence against Mortimer

[Jax1980]

Hey, I'm after some advice in how to defence a CCJ claim against Mortimer for a credit card which was stolen from my car.
The card was stolen around a year ago, had been reported to the Police.

After going back and forth with the credit card company about the transactions on the account, they forward it to Cabot, Advantis and Resolve Call. I have been trying to get the relevant information from all of these people.

I have asked for statement of account, i have also sent off letters recorded delivery and via email for the CCA and also the CPR 31.14. I have emailed and advised I am going to defend the claim on the premise I haven't received a copy of the CCA or a response to the CPR31.14.

I have been dealing with three different companies and been in contact with all three with reference to clearing up the matter, not one of them have been able to supply me with the relevant information.

All I need to do now is submit my defence and was wondering if anyone could help with it?? I'm not sure on what I will need to put in the defence and didn't want to make a mistake.

Any help you can give me would be appreciated. I am totally out of my depth, hopefully I've be clear about what's gone on but if I havent and you need anything further please let me know.

Any help would be greatly appreciated

Xxx

[Amethyst]

Subject Access Request to the original credit card company. Subject Access Request Letter

Did you report the card stolen to the credit card company ? How long after the theft ? How much of the debt you are now being chased for was spent after the date of the theft ?

[Jax1980]

Hi, thanks for your response, yes the card was reported stolen to the credit card company, I am not sure what transactions were made as I never recieved a statement. The credit card company never sent out a statement, not sure what was spent after the theft, as had no info. I reported them stolen after 24 hours of them being taken.

This is where I am confused, i can't query any of the transactions as I do not have access to a credit card statement and after requesting them in numerous occasions never got anything or anywhere. They are chasing me for just over two thousand pounds, which I know I never spent on my Cc.

Thanks

J xxx

[Amethyst]

Have you sent a SAR to the original credit card company ?

When is your defence due in ?

[Jax1980]

Hi,

No not sent SAR to the original company, thei have recieved letters from both Mortimer and Cabot saying they do not have the documents to hand and will be in touch in due course once they have them from the original creditor. I have email the courts both letters to advice they have agreed to extend for a further 28 days. Not sure what the next step should be??

Apologises for not responding sooner, my dad is really poorly and trying to fit this in between hospital visits.

Thanks

j x

[Amethyst]

Put your Dad first, far more important xxx

So, did the letters from Cabot say formally that they agree to an extension under CPR 15.5 ? If so, and you've informed the court then you can file your defence at the end of the extension period - 28 days after your original defence date. So that should give you a bit of a breathing space. If by then there are still no documents then you will enter a standard 'lack of documents' defence and add in about the stolen credit card issue - Example Defence

Send a SAR to the original company though now if you can as that wlll be really helpful for your defence.