Cabot CCJ Issue

[teddyben55]

Hello

Please could someone shed a little light on where I stand with the following issue.

I had a Sainsburys Credit Card where I defaulted due to cash flow issues.
My last payment was made May 12th 2019, I have obviously been chased since then for the outstanding balance.
Fast forward to August 2022 where Cabot use Mortimer Clarke to start court proceedings (i havent been in touch or paid anything since last default date).
I used information on this site to request CPR 31.14 and SAR information which they said they would provide but couldn't get the information to me within 30 days.
They finally sent the information via email on the 17th April 2025 and now just sent an email stating that they're proceeding with a court proceedings with this new evidence.

Do I have any grounds where I can dispute the amount of time taken to gather this information?

Many thanks in advance for any knowledge shared.
If you require more information please let me know.

[echat11]

Hi Teddyben

Welcome to LB

Has there been a Hearing / Judgement in the case?
If there hasn't been, then there is no CCJ.

The case was probably stayed and it sounds like the Creditor wants to lift the 'stay' (they will have to pay a fee and give the Court a good reason why the Court should lift the 'stay').

Providing what you have stated is correct, you could 'oppose' the 'lifting of the stay' because of the time they have taken to apply to the Court. You also need to go through the documents they have provided to check if they are compliant.

'Fast forward to August 2022 where Cabot use Mortimer Clarke to start court proceedings

I used information on this site to request CPR 31.14 and SAR information which they said they would provide but couldn't get the information to me within 30 days.

They finally sent the information via email on the 17th April 2025 and now just sent an email stating that they're proceeding with a court proceedings with this new evidence.'

[teddyben55]

Many thanks for this echat11 i really appreciate your feedback.
Shall i apply to the court ASAP opposing the lift or shall i wait until the court has made a decision on whether to proceed?
Is there a forum where I can check what they have sent me is everything required for them to proceed?

Thanks again in advance for your help

[echat11]

Many thanks for this echat11 i really appreciate your feedback.
Shall i apply to the court ASAP opposing the lift or shall i wait until the court has made a decision on whether to proceed?
Is there a forum where I can check what they have sent me is everything required for them to proceed?

Thanks again in advance for your help

a ) Shall i apply to the court ASAP opposing the lift or shall i wait until the court has made a decision on whether to proceed?

Check with the Court the status of the claim.

If they pay the fee and submit their Witness Statement, the Court should arrange a Hearing date, you will get copies from the Court.
You will then need to submit a Witness Statement that needs to be sent to the Court and the Creditors solicitors. We can make
suggestions, but it has to be your Witness Statement.

b) Is there a forum where I can check what they have sent me is everything required for them to proceed?

Here's some information -

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

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

Update if you get anything through i.e. court orders.

[teddyben55]

Hi echat11 thanks again for your help with this.
It appears that the stay was lifted 10/06/25 according to MCOL database. (no information posted to me around this time explaining this)
I received a General Form of Judgement or Order on the 30/07/25 stating that the Claim will be struck out on the 14/08/25, unless the claimant applies to have it removed with new evidence.
The claimants solicitors have sent an email stating the following:

"We refer to the above matter and to the named Claimants application to lift the stay of the claim and request Summary Judgment. On 27/06/2025 before District Judge Royle sitting at Leeds County Court reviewed the named Claimant’s application to lift the stay of the claim and request Summary Judgment. DJ Royle ordered the claim to be struck out unless the named Claimant applied to amend the Particulars of Claim by 4pm on 14/08/2025. DJ Royle also ordered the named Claimants application to be adjourned generally with permission to restore. Please therefore find enclosed: - Application to amend and rely upon the Particulars of Claim - Amended Particulars of Claim - Draft Order - Supporting Documentation Please note that this file has been password protected, and the password has been sent separately to you by post to your current address. You should receive this in 2-5 working days. Copies of the above have been sent separately to the Court by email. We remain instructed to continue with the Court proceedings and attend a new hearing once it has been listed. Should you wish to settle by a lump sum payment to avoid these proceedings, we invite you to put forward a settlement proposal for our client to consider".

The dates from 10/06/25 don't correlate to the General form of judgment as this makes it sound like the stay is still in place.

Just to reiterate the previous post info (it took them from August 22 till April 25 to get the evidence I required)
Im really sorry if im missing the obvious.
Shall I wait until I hear from the court about the new hearing date?

Any response is greatly appreciated

All the best

[echat11]

Did you look online or did you call them?

O.K. the stay has been lifted in June, they've sent an amended PoC / Draft Order / supporting documentation.

Once you have access to the documents, upload them to the site without personal information.

Your position is the same as in post 2.

Fill in the following, copy and paste back to 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:

[teddyben55]

I looked online.
As soon as I get the password I will upload them.
Again echat11 thank you for all your help

All the best

[teddyben55]

Hi echat11 i hope you had a great bank holiday weekend.
Please can you assist with the attached documents.
Also see required information below.
If i have missed anything please let me know

Received a claim? Yes
Issue Date: August 2022
Have you Acknowledged the Claim Yes online defence was started
Total Amount Claimed : £7600
Claimant’s Name: Cabot
Solicitors Firm: Mortimer Clarke
Original Creditor: Sainsburys
Original Debt (eg. Credit card/Loan/Overdraft) : Credit card
Particulars of Claim: see attached
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): last payment was April 2019
List any letters you have sent (eg: CCA/ CPR ): I have requested CPR 31.14 and SAR information August 2022 they sent these documents April 2025
Any Other Information or Background Details: I have a difficult relationship with my ex girlfriend she is placing me in full custody of my two boys both under 8 years of age

[teddyben55]

Card details attached. If anything else is required please let me know

[echat11]

You need to oppose their 'lifting of the stay', there is case law that may help you here, as there has been a gap of 3 years,
that's 'ridiculous', doesn't help with your wellbeing and personal circumstances.

This is ridiculous - 'CPR 31.14 and SAR information August 2022 they sent these documents April 2025'.

So have you received a Hearing date? As soon as you get it, flag it up on the thread, Do not leave it until the last minute.

The agreement in post 9 is 'illegible', so that may help you here.

Have they sent you a copy of Default Notice?

Have they sent you a copy of Letter of Assignment?

You need to do a Defence with Evidence.

[teddyben55]

Good afternoon echat11 thanks again for helping me through this, you don't understand how valuable all your help and information is for me.

It is crazy how long it took to get the information I requested to me.
I have not received a new hearing date via post or via money claim online.
The only reason I know a stay has been lifted is due to me logging onto money claim after MC sent me a letter saying they wish to proceed with court again. (see attached money claim dates so far).

Default notice attached
I believe what I have uploaded is the Letter of Assignment as well.

Even though I haven't received a new hearing date shall i start putting together a defense?

All the best

[echat11]

Good afternoon echat11 thanks again for helping me through this, you don't understand how valuable all your help and information is for me.

It is crazy how long it took to get the information I requested to me.
I have not received a new hearing date via post or via money claim online.
The only reason I know a stay has been lifted is due to me logging onto money claim after MC sent me a letter saying they wish to proceed with court again. (see attached money claim dates so far).

Default notice attached
I believe what I have uploaded is the Letter of Assignment as well.

Even though I haven't received a new hearing date shall i start putting together a defense?

All the best

The Letter of Assignment, there's no address for Sainsbury or Cabot, doesn't look compliant.
The Default Notice 'looks' o.k.

[teddyben55]

I Just had another look through the information and the missing address Sainsburys address is my fault they placed it right at the bottom.
Ive attached the first Cabot letter for reference but i believe its all in order.

Thanks again

[echat11]

I Just had another look through the information and the missing address Sainsburys address is my fault they placed it right at the bottom.
Ive attached the first Cabot letter for reference but i believe its all in order.

Thanks again

You need to remove name and Ref number and repost attachments.
O.K. I still think it should have Cabot's address and contact details.
The main point in any case is the time it's taken them to 'lift the stay'.

[teddyben55]

Good morning echat11 i hope you're well and had a great weekend.
I have a court date (5th November). Please could you aid me a little with the main tasks that need to be addressed to defend this.
Ive uploaded the first 5 pages of the pack they sent through
I look forward to hearing from you

Best regards

Ben