Cabot/Mortimer Clarke Solicitors CCJ

[KandJmum]

Received a claim? Yes
Issue Date: 11/10/21
Have you Acknowledged the Claim?: Yes 20/10/21
Total Amount Claimed : £1,900
Claimant’s Name: Cabot Financial
Solicitors Firm: Mortimer Clarke
Original Creditor: Vanquis Bank
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
Particulars of Claim: By an agreement between *the bank* and the defendant on or around 27/01/2014 ('the Agreement') The Bank agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due. The agreement was terminated following the service of a default notice. The Agreement was assigned to the Claimant. The claimant therefore claims 1. £1900 2. Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No payments or contact since 21/06/2015
List any letters you have sent: CCA to Cabot 23/10/21, CPR to Mortimer Clarke 23/10/21 and SAR to Cabot 23/10/21
Any Other Information or Background Details: The claim in my maiden name and at an old address.

I am due to file my defence on Tuesday 16th, I have received a letter from Mortimer Clark "acknowledging my request for documents pursuant to the CC act 1974. They have asked their client to provide them and will come back to me as soon as they can. In the meantime, the matter has been placed on hold and no further action will be taken".

My questions are, do I still file a defence saying the documents have yet to be sent? I haven't received a default notice and is the debt statute barred?

Many thanks for any help

[echat11]

Hi KANDJMUM

Yes you still have to file a defence. It sounds like the claim is statue barred. They seem to be delaying on providing CCA agreement.

Send them the following template / amend, they will provide all the documents they rely on to make their claim. They have 14 days. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

The following is the Defence template / amend, send a copy to the court and Mortimer Clarke, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-court-claims/

[KandJmum]

Hi Echat11
Thank you so much for getting back to me. I sent Mortimer Clarke the CPR letter on the 23rd, I did get proof of postage but have only received an acknowledgement of the letter (from Mortimer Clarke) to Cabot for the CCA, which I also sent a copy to MC. I have yet to receive anything relating to the CPR, do I write this in my defence?

[echat11]

Hi Echat11
Thank you so much for getting back to me. I sent Mortimer Clarke the CPR letter on the 23rd, I did get proof of postage but have only received an acknowledgement of the letter (from Mortimer Clarke) to Cabot for the CCA, which I also sent a copy to MC. I have yet to receive anything relating to the CPR, do I write this in my defence?

It's (CPR31.14) actually in the Defence, so is Statute Barred and no response to CCA Request, so you amend it accordingly.

[KandJmum]

It's (CPR31.14) actually in the Defence, so is Statute Barred and no response to CCA Request, so you amend it accordingly.

DEFENCE

1.The Defendant received the claim ******** from the County Court Business Centre – Northampton on ****

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

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

4. It is admitted that the Defendant has previously entered into an agreement with ***** for provision of credit.

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

6. The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years.

7. The Claimants statement of case states that the account was assigned from **** to ***** and no date has been specified. The Defendant does not recall receiving notice of this assignment.

8. It is denied that *** served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9. On the **** The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Solicitors LTD. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10. Solicitors LTD has not sent any of these documents to the Defendant.

11. On the **** The Defendant sent a formal request for a copy of the original agreement to***** pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. The Claimant has failed to comply with s77 (1)Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

13. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), however they have failed to respond.

14. 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.

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

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

17. It is denied that the Claimant is entitled to the costs as claimed or at all.

Do I need to include points 13-17?

Thanks

[echat11]

I'd remove 13 and keep the others in. It might be an idea to get a second opinion.

des8, Can you take a look and advise, many thanks.

[des8]

seems fine to me, but not really my area

[echat11]

seems fine to me, but not really my area

Thanks, nevertheless.

[KandJmum]

I received a notice of discontinuance this morning. Thank you so very much for all your help

[echat11]

Well done, thanks for letting us know.