Cabot Financial/Mortimer Clarke - Court Claim

[sumo29]

Hi everyone,

I'm hoping someone can offer some advice on my current situation.

Background:

• Fell into arrears with a Lloyds credit card during the Covid pandemic.
• Received a court claim last year and successfully submitted a defence, challenging the missing documents.
• Recently received a 'Notice of Hearing of Application' for a January court date to lift a stay on proceedings.
• Also received a bundle of documents, including a credit agreement with an electronic signature. - I assume it was an online application

Questions:

1. Next Steps: Should I rely on my original defence or submit a new one based on the newly provided documents?
2. Court Communication: Is it advisable to continue contacting Cabot to resolve the issue outside of court?
3. Document Requests: What specific documents should I request to strengthen my case and prep defence again?
4. Default Notification: How can I find out if Lloyds formally defaulted the debt or if cabot did?

I'm feeling a bit overwhelmed and unsure how to proceed. Any guidance would be greatly appreciated. I'll provide more details and a timeline shortly.

[echat11]

a) Next Steps: Should I rely on my original defence or submit a new one based on the newly provided documents?

You don't need to do another defence, but you do need to prepare for the Hearing, a Witness Statement, make sure that is sent to the Court and the Creditors solicitors in 'good time', e.g. 14 days etc.

What anomalies are in the documents they have sent you?, you need to go through them to check if they are compliant.

https://lawzone.legal/when-is-a-cred...unenforceable/

https://legalbeagles.info/forums/for...ess-statement/

b) Court Communication: Is it advisable to continue contacting Cabot to resolve the issue outside of court?

Yes, write 'Without Prejudice Save as to Costs', the Court won't take into account those letters, until the Hearing in over. You can show that you tried to settle the matter without the need for a Hearing. You can make Full and Final Settlement Offers.

c) Document Requests: What specific documents should I request to strengthen my case and prep defence again?

You should have requested CCA (varied), Default Notice, Notice of Assignment and Statement of Account. As stated in (1).

d) Default Notification: How can I find out if Lloyds formally defaulted the debt or if cabot did?

Send Lloyds a Subject Access Request, make sure you get Proof of Postage.
They have 30 days to provide all the data on the account.

https://legalbeagles.info/library/gu...ccess-request/

[echat11]

Fill in the following, copy and paste back onto this thread without personal details.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

[sumo29]

Hi,
Thank You for your support on this and for answering my immediate questions. Below I have covered

Received a claim? Yes/No: Yes
Issue Date: Original Claim was in 2023. I filed a defence. It was stayed. And an application to lift the stay has now been made, and I have a hearing 16th January 2025.
Have you Acknowledged the Claim?: Yes, the original claim
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) 5000
Claimant’s Name: Cabot Financial Limited
Solicitors Firm: Mortimer Clarke Solicitors
Original Creditor: Lloyds
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Stay applied to be lifted pursuant to CPR 24 and/or strike out the defence under 3.4 on the grounds that:
1. The defendant has no real prospect of defending the claim
2. There is no compelling reason why the case should be disposed of at trial
Should the defendant rely on written evidence at the hearing, they should file such evidence with the court and serve a copy on the claimant not less than 7 days before the hearing pursuant to CPR part 24.5.

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): no
List any letters you have sent (eg: CCA/ CPR ): none
Any Other Information or Background Details: The solicitors have sent me a pack of docs that seems to include some of the requested documents which I will be going through this week.

So, in this case should I now rely on this original defence filed, or update to reflect that some of the missing documents have been served.

Is it still worth contacting them to resolve this matter with having to go into court and also cost of getting a solicitor?

Thank You All in advance!

[echat11]

a) So, in this case should I now rely on this original defence filed, or update to reflect that some of the missing documents have been served.

You can rely on the Defence filed. You can update in your Witness Statement.
You do need to prepare for the Hearing, a Witness Statement, make sure that is sent to the Court and the Creditors solicitors in 'good time', e.g. 14 days etc.

What anomalies are in the documents they have sent you?, you need to go through them to check if they are compliant.

https://lawzone.legal/when-is-a-cred...unenforceable/

https://legalbeagles.info/forums/for...ess-statement/

b) Is it still worth contacting them to resolve this matter with having to go into court and also cost of getting a solicitor?

You can send offers to to them but mark the letters 'Without Prejudice Save as to Costs', these letters will only be looked at by the Judge after the Hearing / Judgement.