Cabot Financial/Mortimer Clarke - Court Claim

[sumo29]

Hi Archella,
I didn't really have a skeleton defence etc. The reason my case was lifted and not granted judgement against me by default was more due to court error it seems. So essentially for me this means the case will continue and at some stage will need to prepare for mediation and an updated witness statement I think. But some of the others may be able to help you on this!

[sumo29]

In case it will help you here is the claim details they made against me:

Particulars of claim:
By an agreement between an entitity within lloyds Banking Group and the defendant on or around xx/xx/xxx (the agreement) Lloyds agreed to issue the Defendant with a credit card. The defendant failed to make the minimum payments due. Theagreement was terminated following the service of a default notice. The agreement was assigned to Cabot. Cabot acting as the servicing agent of the named claimant has arranged for these proceedings to be issued in the name of the claimant.
The named claimant therefore claims 1. XXXX. 2. Costs


My initial defence was based around not having received the documents relating to default notice and credit agreements.

I have now received this information and during the hearing the court allowed me to file a defence in light of all the documents (contracts, old statements and the default notices that Lloyds seemingly sent some years ago).

So this is where we are. I need to submit an updated defence, but all the information in these forums seem to involve a defence based on not having received all the paperwork. Once that is received what are the main points to look for when preparing the defence?

I cant rely on not having received the letter before claim, the default notices etc because after 6 months of requesting the information they supplied it when they applied for summary judgement.

So the case now continues as the stay has been lifted.


Hope this helps anyone in similar stage!