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Go through the agreement, Default Notice and Letter of Assignment and other documents look for anomaly's.
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Your main Defence to 'lifting of the stay', is the 3 year gap, between the Judgement and the request to lift the stay, there is case law that may help you here.Comment
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echat11 Hi, im going over all the solicitors information and noticed that on the original credit agreement they have misspelt my address... its only missing an "S" at the end of the first part but the error is on both the credit agreement and the personal details part of the CC agreement see attached documents.
Is this worth mentioning or am i just clutching at straws?
All the correspondence after (card statements) have the correct spelling of the address so im not sure why the agreement doesn't
Many thanksAttached FilesComment
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Don't disappear, have you got a date when your Witness Statement has to be sent to the Court and the Creditors Solicitors (you need to prepare that now)?Originally posted by teddyben55 View Post
Post 61 and post 65 in the following thread can help you build your Witness Statement.
https://legalbeagles.info/forums/for...9F%AB%A3/page5
Make a start on it now - here's an Example -
https://legalbeagles.info/forums/for...ness-statement
You've got a 'good Defence',
a) the time it's taken them to 'lift the stay', 3 year gap and the Agreement,
b) the second page is 'unreadable', it's not clear.
(The first page looks like an application form).
Once you've done it, post it up without personal details.Comment
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Hi echat11 thanks again for your quick response. i cant find anything about a date to submit a witness statement just my actual hearing date of the 5th November at 11am.
Im working on a witness statement now and will have draft tomorrow/wednesday if thats ok
Best regardsComment
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That's fine. You will also need to do an Evidence Bundle which you cross reference in the Witness Statement.Originally posted by teddyben55 View PostComment
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Hi echat11 please see rough copy of witness statement ive only added the main statements, please let me know if im on the right track.
All the bestAttached FilesComment
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WITNESS STATEMENT
I, B##### make this Witness Statement in support of my Defence in this claim which is due to be heard on 5th November 2025 at County Court at Leeds Combined Court Centre.
1. On or around the 5th August 2022 I received the claim J1CD9T47 from the County Court Business centre Northampton for the amount of £7##### plus costs.
2. On the 18th of August 2022, I sent my response to the court, acknowledging the claim and informing them that I wished to dispute the claim in its entirety.
To aid me with with creating a defence I requested two forms of documentation from the claimant and their solicitor
On the 30 August 2022 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment. (see Proof Pic 1 Proof of postage).
2.1I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. They have 12 days to provide CCA documentation (stated on GOV.UK website)
2.2 I requested a Subject Access Request to Mortimer Clarke in which they had a calendar month to provide this information (I understand that this can be extended to a maximum of two extra months).
3. On or around the 2nd September , the Claimants solicitors replied to my written request for documents under Civil Procedure Rule 31.14, without the documents requested.
4. On or around the 6th of September 2022, I submitted my defence to the court.
5. On or around the 7th of September 2022, I received a letter from the court, acknowledging receipt of my defence and stating that the claimant must respond within 28 days of receiving a copy of the defendants defence after this the claim will be stayed. (see proof pic 2 court defence receipt letter)
6. On or around the 08 August 2022, the Claimants solicitors replied to my written request, without the requested documents, and stated that the matter had been placed on hold and no further action would be taken.
7. On or around the 17th April 2025, (31 months after I requested the documents) Mortimer Clarke provided me with the requested documentation via email. The documents provided are non compliant under the Consumer Credit Act 1974. The credit card agreement is of poor quality and has a line running through my details.
My address is also incorrectly spelt on this agreement.
7.1The Consumer Credit Act 1974, Section 78 of the Consumer Credit Act states that the copy of the agreement must be legible this is not the case, it is illegible.
8. On or around the 27th of June 2025, It states on the application notice that the claimant made an application pursuant to CPR 17 to apply for the stay to be lifted. This is now over 33 months since I originally submitted my defence.
8.1To this end, I do not feel that it is fair or appropriate for the claimant to make an application to lift the stay after such an extensive period of time. This is exacerbated by the fact that I have still not received a clear copy of the original Credit agreement.
9. The Claimant has not provided a good reason for waiting 33 months to make an application notice to 'lift the stay'. To 'lift a stay' the Court should apply the test of "appropriateness".
a. Whether the claimant had an adequate explanation for the delay,
b. The defendant's behaviour and whether any of the delay was caused by the defendant,
c. The nature and extent of any prejudice the defendant would suffer in the event that the stay is lifted.
d. Whether any attempts were made by the claimant in the 28 days after I submitted my defence to the court before the case was placed on a stay.
10. Not sure if this should be stated please advise....... This year has proved difficult due to my mums deteriorating health (multiple mini strokes earlier this year I have her prescription as proof). I have two young boys 7 and 4 which since July are in my full custody. This is obviously a difficult time due to the endless rising cost of living
Statement to Truth
I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Comment
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Hi echat11 thanks again for all your wisdom!! I have used chat GPT to help me tidy this witness statement, please could you advise if this is better?
Witness Statement of ======
Claim No: ========
In the County Court at: Leeds County Court
Between:
Cabot Financial – Claimant
and
==== – Defendant
Witness Statement of ========
I, ======== of ======== being the Defendant in this claim, make this statement in support of my position in these proceedings. The matters set out below are within my own knowledge, unless otherwise stated, and are true to the best of my knowledge and belief.
Background- I am the Defendant in this matter. The claim relates to an alleged outstanding balance on a credit card account of £7589.52 plus costs
- The original hearing for this matter was listed for 5 August 2022.
On the 18th of August 2022, I sent my response to the court, acknowledging the claim and informing them that I wished to dispute the claim in its entirety. - In order to properly understand and respond to the claim, I exercised my legal rights under the Civil Procedure Rules, the Consumer Credit Act 1974, and data protection legislation to request documentation and information from the Claimant and its representatives.
Requests for Documentation- On or around 30th August 2022 I made a formal request under Civil Procedure Rule 31.14, asking the Claimant’s solicitors, Mortimer Clarke Solicitors, to provide copies of the documents mentioned in the Particulars of Claim.
- Separately, I submitted a Subject Access Request (SAR) under the Data Protection Act 2018 / UK GDPR, requesting all personal data and documentation held about me in relation to this account.
- At the same time, I also made a formal request under sections 77–79 of the Consumer Credit Act 1974 for a true copy of the Consumer Credit Agreement (CCA) relating to the alleged account along with the statutory £1 fee.
- 3. On or around the 2nd September 2022, the Claimants solicitors replied to my written request for documents under Civil Procedure Rule 31.14, without the documents requested.
- On or around the 6th of September 2022, I submitted my defence to the court.
- 5. On or around the 7th of September 2022, I received a letter from the court, acknowledging receipt of my defence and stating that the claimant must respond within 28 days of receiving a copy of the defendants defence after this the claim will be stayed. (see proof pic 2 court defence receipt letter)
- 6. On or around the 08 August 2022, the Claimants solicitors replied to my written request, without the requested documents, and stated that the matter had been placed on hold and no further action would be taken.
- Despite these lawful and reasonable requests, the Claimant’s solicitors failed to comply in a timely manner. It took approximately 31 months for Mortimer Clarke Solicitors to provide the requested documents, including the CCA.
- This prolonged delay prevented me from being able to review the evidence against me or prepare a proper defence within a reasonable time.
Quality and Accuracy of Provided Documents- When the documentation was finally received (On or around the 17th April 2025), I noted that the reproduced Consumer Credit Agreement was of poor quality. There is a thick line running through my personal details, including my name and address, which renders parts of the document difficult to read.
- Furthermore, the address shown on the agreement is incorrectly spelt, raising doubts about the accuracy and reliability of the reproduced document.
- I do not accept that this document represents a true and legible copy of the executed agreement as required under section 78(1) of the Consumer Credit Act 1974.
Impact of Delay- The delay in receiving the requested documents has caused significant prejudice to my case.
- I have acted reasonably and in good faith at all times, making lawful requests for information I am entitled to under the Civil Procedure Rules, the Consumer Credit Act 1974, and data protection law.
- The Claimant and its solicitors, however, failed to comply with their procedural and statutory obligations in a timely manner.
- I respectfully ask the Court to take into consideration the extended delay in disclosure, and the poor quality of the documentation provided, and the impact these factors have had on my ability to defend this claim effectively.
Personal Circumstances- I wish to inform the Court that I am the full-time parent of two young children, aged 7 and 4, who have been in my full-time care since 16 August 2025.
- Earlier this year, my mother suffered a mini stroke and is now on prescribed medication as part of her recovery. I have a copy of her prescription available as evidence if required by the Court.
- As a result, I have been providing her with additional support while also caring for my children full-time. These responsibilities have understandably placed additional emotional and practical pressures on me.
- Despite these challenges, I have continued to engage with this matter in good faith and have made every effort to comply with court procedures and correspondence.
- I respectfully ask the Court to take these personal circumstances into account when considering my position and any directions or orders made in this case.
Statement of Truth
I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed: ___________________________
Name:
Dated:Last edited by teddyben55; 21st October 2025, 14:57:PM.Comment
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Do the following-
Background
1. On the 18th of August 2022, I sent my response to the court, Acknowledging the Service of the claim and informing them that I wished to dispute the claim in its entirety.
Request for Documentation
a) Change No. 2 and No. 3, so No. 3 reads before No 2.
b) request under sections 77–79 of the Consumer Credit Act 1974, should read 'request under sections 78 of the Consumer Credit Act 1974'
Application to 'Lift of Stay'
c) Update in points you received Lift of stay documents from the Courts on XX/XX/XX etc.
d) No.8, It took them approximately 3 Years, can you nail it down? i.e. 2 years 11 months. (Did they provide a copy of the Default Notice and Letter of Assignment?)
Delay in Lifting
On or around the XX/XX/XX, I received a Notice to 'Lift the Stay'. This was then followed by a Notice of Hearing at the County Court XXXXXXXX, received on or around the XX of January 2025.
In the application notice, it shows that this document was completed by the claimant's solicitors, Mortimer Clarke, on the XX of XXXXXX XXXX, some XX years XX months after the claim form was first received from the Court.
The Claimant has not provided a good reason for waiting 20 months to make an application notice to 'lift the stay'.
To lift a stay the following test of "appropriateness" should be applied.
In applying this test Chief Master Marsh considered Football Association Premier league LTD v O'Donovan (2017) EWHC 152 (Ch). :
1. Whether the claimant had an adequate explanation for the delay
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
2. Whether the claimant's claim has (at least) a real prospect of success
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxx
3. The defendant's behaviour and whether any of the delay was caused by the defendant
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
4. The nature and extent of any prejudice the defendant would suffer in the event that the stay is lifted
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxx
5. Whether any attempts were made by the claimant in the 6 months to revive the claim
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxx
Comment
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Hi echat11 thanks again for all your help please see below.
The Defaut notice and letter of assignment was in the pack which came in april 2025 (2 years 7 months after applying for them to show it)
Witness Statement of ===========
Claim No: ========
In the County Court at: Leeds County Court
Between:
Cabot Financial – Claimant
and
============== – Defendant
Witness Statement of Benjamin J Collins
I, ======== of ======= being the Defendant in this claim, make this statement in support of my position in these proceedings. The matters set out below are within my own knowledge, unless otherwise stated, and are true to the best of my knowledge and belief.
Background- On the 18th of August 2022, I sent my response to the court, acknowledging the claim and informing them that I wished to dispute the claim in its entirety.
- In order to properly understand and respond to the claim, I exercised my legal rights under the Civil Procedure Rules, the Consumer Credit Act 1974, and data protection legislation to request documentation and information from the Claimant and its representatives.
Requests for Documentation- On or around 30th August 2022 I made a formal request under Civil Procedure Rule 31.14, asking the Claimant’s solicitors, Mortimer Clarke Solicitors, to provide copies of the documents mentioned in the Particulars of Claim.
- At the same time, I also made a formal 'request under sections 78 of the Consumer Credit Act 1974' for a true copy of the Consumer Credit Agreement (CCA) relating to the alleged account along with the statutory £1 fee.
- Separately, I submitted a Subject Access Request (SAR) under the Data Protection Act 2018 / UK GDPR, requesting all personal data and documentation held about me in relation to this account.
- 3. On or around the 2nd September 2022, the Claimants solicitors replied to my written request for documents under Civil Procedure Rule 31.14, without the documents requested.
- On or around the 6th of September 2022, I submitted my defence to the court.
- 5. On or around the 7th of September 2022, I received a letter from the court, acknowledging receipt of my defence and stating that the claimant must respond within 28 days of receiving a copy of the defendants defence after this the claim will be stayed. (see proof pic 2 court defence receipt letter)
- On or around the 08 August 2022, the Claimants solicitors replied to my written request, without the requested documents, and stated that the matter had been placed on hold and no further action would be taken.
- Despite these lawful and reasonable requests, the Claimant’s solicitors failed to comply in a timely manner. It took 2 years 7 months for Mortimer Clarke Solicitors to provide the requested documents, including the CCA.
- This prolonged delay prevented me from being able to review the evidence against me or prepare a proper defence within a reasonable time.
Quality and Accuracy of Provided Documents- When the documentation was finally received (On or around the 17th April 2025), I noted that the reproduced Consumer Credit Agreement was of poor quality. There is a thick line running through my personal details, including my name and address, which renders parts of the document difficult to read.
- Furthermore, the address shown on the agreement is incorrectly spelt, raising doubts about the accuracy and reliability of the reproduced document.
- I do not accept that this document represents a true and legible copy of the executed agreement as required under section 78(1) of the Consumer Credit Act 1974.
Impact of Delay- On or around the 14/08/25, I received a Notice to 'Lift the Stay'. This was then followed by a Notice of Hearing at the Leeds County Court, received on or around the 29th of September 2025.
- In the application notice, it shows that this document was completed by the claimant's solicitors, Mortimer Clarke, on the 27th of June 2025, some 2 years 10 months after the claim form was first received from the Court.
- The Claimant has not provided a good reason for waiting 33 months to make an application notice to 'lift the stay'.
To lift a stay the following test of "appropriateness" should be applied.
In applying this test Chief Master Marsh considered Football Association Premier league LTD v O'Donovan (2017) EWHC 152 (Ch). :
1. Whether the claimant had an adequate explanation for the delay
2. Whether the claimant's claim has (at least) a real prospect of success
3. The defendant's behaviour and whether any of the delay was caused by the defendant
4. The nature and extent of any prejudice the defendant would suffer in the event that the stay is lifted
5. Whether any attempts were made by the claimant in the 6 months to revive the claim
The delay in receiving the requested documents has caused significant prejudice to my case. - I have acted reasonably and in good faith at all times, making lawful requests for information I am entitled to under the Civil Procedure Rules, the Consumer Credit Act 1974, and data protection law.
- The Claimant and its solicitors, however, failed to comply with their procedural and statutory obligations in a timely manner.
- I respectfully ask the Court to take into consideration the extended delay in disclosure, and the poor quality of the documentation provided, and the impact these factors have had on my ability to defend this claim effectively.
Personal Circumstances- I wish to inform the Court that I am the full-time parent of two young children, aged 7 and 4, who have been in my full-time care since 16 August 2025.
- Earlier this year, my mother suffered a mini stroke and is now on prescribed medication as part of her recovery. I have a copy of her prescription available as evidence if required by the Court.
- As a result, I have been providing her with additional support while also caring for my children full-time. These responsibilities have understandably placed additional emotional and practical pressures on me.
- Despite these challenges, I have continued to engage with this matter in good faith and have made every effort to comply with court procedures and correspondence.
- I respectfully ask the Court to take these personal circumstances into account when considering my position and any directions or orders made in this case.
Statement of Truth
I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed: ___________________________
Name: ========
Dated: ========
Comment
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Still work to do. You need to respond to the following, examples in the links provided, post 68 - https://legalbeagles.info/forums/for...9F%AB%A3/page5 -Originally posted by teddyben55 View Post
1. Whether the claimant had an adequate explanation for the delay -
xxxxxxxxxxxx xxxxxxxx
2. Whether the claimant's claim has (at least) a real prospect of success -
xxxxxxxxx xxxxxxxx xxxxxxxx
3. The defendant's behaviour and whether any of the delay was caused by the defendant -
xxxxxxxx xxxxxx xxxxxx
4. The nature and extent of any prejudice the defendant would suffer in the event that the stay is lifted -
xxxxxx xxxxx xxxxxx xxxx
5. Whether any attempts were made by the claimant in the 6 months to revive the claim -
xxxxxxxx xxxxxx xxxx
Also change, 33 months to 2 years 10 months.Comment
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Hi echat11 thanks again for all your help. Please see below.
Any feedback is greatly appreciated
All the best
Witness Statement of ============
Claim No: ========
In the County Court at: Leeds County Court
Between:
Cabot Financial – Claimant
and
====== – Defendant
Witness Statement of =======
I, ======== of ======= being the Defendant in this claim, make this statement in support of my position in these proceedings. The matters set out below are within my own knowledge, unless otherwise stated, and are true to the best of my knowledge and belief.
Background- On the 5th August 2022 received the claim ======= from the County Court Business centre Northampton
- On the 18th of August 2022, I sent my response to the court, acknowledging the claim and informing them that I wished to dispute the claim in its entirety.
- In order to properly understand and respond to the claim, I exercised my legal rights under the Civil Procedure Rules, the Consumer Credit Act 1974, and data protection legislation to request documentation and information from the Claimant and its representatives.
Requests for Documentation- On or around 30th August 2022 I made a formal request under Civil Procedure Rule 31.14, asking the Claimant’s solicitors, Mortimer Clarke Solicitors, to provide copies of the documents mentioned in the Particulars of Claim.
- At the same time, I also made a formal 'request under sections 78 of the Consumer Credit Act 1974' for a true copy of the Consumer Credit Agreement (CCA) relating to the alleged account along with the statutory £1 fee.
- Separately, I submitted a Subject Access Request (SAR) under the Data Protection Act 2018 / UK GDPR, requesting all personal data and documentation held about me in relation to this account.
- 3. On or around the 2nd September 2022, the Claimants solicitors replied to my written request for documents under Civil Procedure Rule 31.14, without the documents requested.
- On or around the 6th of September 2022, I submitted my defence to the court.
- 5. On or around the 7th of September 2022, I received a letter from the court, acknowledging receipt of my defence and stating that the claimant must respond within 28 days of receiving a copy of the defendant’s defence after this the claim will be stayed. (see proof pic 2 court defence receipt letter)
- On or around the 08 August 2022, the Claimants solicitors replied to my written request, without the requested documents, and stated that the matter had been placed on hold and no further action would be taken.
- Despite these lawful and reasonable requests, the Claimant’s solicitors failed to comply in a timely manner. It took 2 years 7 months for Mortimer Clarke Solicitors to provide the requested documents, including the CCA.
- This prolonged delay prevented me from being able to review the evidence against me or prepare a proper defence within a reasonable time.
Quality and Accuracy of Provided Documents- When the documentation was finally received (On or around the 17th April 2025), I noted that the reproduced Consumer Credit Agreement was of poor quality. There is a thick line running through my personal details, including my name and address, which renders parts of the document difficult to read.
- Furthermore, the address shown on the agreement is incorrectly spelt, raising doubts about the accuracy and reliability of the reproduced document.
- I do not accept that this document represents a true and legible copy of the executed agreement as required under section 78(1) of the Consumer Credit Act 1974.
Impact of Delay- On or around the 14th August 2025, I received a Notice to 'Lift the Stay'. This was then followed by a Notice of Hearing at the Leeds County Court, received on or around the 29th of September 2025.
- In the application notice, it shows that this document was completed by the claimant's solicitors, Mortimer Clarke, on the 27th of June 2025, some 2 years 10 months after the claim form was first received from the Court.
- Total days from claim being stayed (06/10/2022) to date of Claimants N244 application (14/08/2025) is 163 days (2 years, 10 months, 8 days)
- The Claimant has not provided a good reason for waiting around 2 years 10 months to make an application notice to 'lift the stay'.
To lift a stay the following test of "appropriateness" should be applied.
In applying this test Chief Master Marsh considered Football Association Premier league LTD v O'Donovan (2017) EWHC 152 (Ch). :
1. Whether the claimant had an adequate explanation for the delay
Claimant stated, “The Agreement was assigned to our client by Sainsburys which meant our client needed to contact Sainsburys to obtain the documentation and information needed to respond to your defence”.
2. Whether the claimant's claim has (at least) a real prospect of success
The Claimant failed to pursue the claim diligently, provided no adequate explanation for the 2 year 10 months delay, and only disclosed essential documents after the claim had already been stayed - The prolonged delay in receiving the requested documents and reactivation of a lengthy stay has caused significant prejudice to my case and has caused me considerable emotional distress
A. The uncertainty surrounding the unresolved litigation has been mentally taxing, particularly given the absence of meaningful communication from the Claimant during the stayed period.
B. I have acted reasonably and in good faith throughout the process, seeking documentation and clarity from the outset, only to be met with delay and vague correspondence.
C. I reasonably believed the matter had come to a close due to the Claimant’s failure to act within the court’s specified timeframe.
D. Allowing the claim to be reinstated now would cause unnecessary prejudice and prolong the emotional strain caused by this drawn-out process. - I have acted reasonably and in good faith at all times, making lawful requests for information I am entitled to under the Civil Procedure Rules, the Consumer Credit Act 1974, and data protection law.
- The Claimant and its solicitors, however, failed to comply with their procedural and statutory obligations in a timely manner.
- I respectfully ask the Court to take into consideration the extended delay in disclosure, and the poor quality of the documentation provided, and the impact these factors have had on my ability to defend this claim effectively.
Personal Circumstances- I wish to inform the Court that I am the full-time parent of two young children, aged 7 and 4, who have been in my full-time care since 16 August 2025.
- Earlier this year, my mother suffered a mini stroke and is now on prescribed medication as part of her recovery. I have a copy of her prescription available as evidence if required by the Court.
- As a result, I have been providing her with additional support while also caring for my children full-time. These responsibilities have understandably placed additional emotional and practical pressures on me.
- Despite these challenges, I have continued to engage with this matter in good faith and have made every effort to comply with court procedures and correspondence.
- I respectfully ask the Court to take these personal circumstances into account when considering my position and any directions or orders made in this case.
Statement of Truth
I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed: ___________________________
Name: ==========
Dated: =========
Comment
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Hi echat11 this version is a little tidier with listed evidence of documentation I will submit with the witness statement
All the best
Witness Statement of ========
Claim No: =======
In the County Court at: Leeds County Court
Between:
Cabot Financial – Claimant
and
====== – Defendant
Witness Statement of -======
I, ======= of ===== being the Defendant in this claim, make this statement in support of my position in these proceedings. The matters set out below are within my own knowledge, unless otherwise stated, and are true to the best of my knowledge and belief.
Background- On the 5th August 2022 received the claim ======= from the County Court Business centre Northampton
- On the 18th of August 2022, I sent my response to the court, acknowledging the claim and informing them that I wished to dispute the claim in its entirety.
- In order to properly understand and respond to the claim, I exercised my legal rights under the Civil Procedure Rules, the Consumer Credit Act 1974, and data protection legislation to request documentation and information from the Claimant and its representatives.
Requests for Documentation (see [EXHIBIT A] for postage proofs)- On or around 30th August 2022 I made a formal request under Civil Procedure Rule 31.14, asking the Claimant’s solicitors, Mortimer Clarke Solicitors, to provide copies of the documents mentioned in the Particulars of Claim.
- At the same time, I also made a formal 'request under sections 78 of the Consumer Credit Act 1974' for a true copy of the Consumer Credit Agreement (CCA) relating to the alleged account along with the statutory £1 fee.
- Separately, I submitted a Subject Access Request (SAR) under the Data Protection Act 2018 / UK GDPR, requesting all personal data and documentation held about me in relation to this account.
- 3. On or around the 2nd September 2022, the Claimants solicitors replied to my written request for documents under Civil Procedure Rule 31.14, without the documents requested.
- On or around the 6th of September 2022, I submitted my defence to the court.
- 5. On or around the 7th of September 2022, I received a letter from the court, acknowledging receipt of my defence and stating that the claimant must respond within 28 days of receiving a copy of the defendant’s defence after this the claim will be stayed. (see proof pic 2 court defence receipt letter)
- On or around the 08 August 2022, the Claimants solicitors replied to my written request, without the requested documents, and stated that the matter had been placed on hold and no further action would be taken.
- Despite these lawful and reasonable requests, the Claimant’s solicitors failed to comply in a timely manner. It took 2 years 7 months for Mortimer Clarke Solicitors to provide the requested documents, including the CCA [EXHIBIT B proving date recieved].
- This prolonged delay prevented me from being able to review the evidence against me or prepare a proper defence within a reasonable time.
Quality and Accuracy of Provided Documents- When the documentation was finally received (On or around the 17th April 2025), I noted that the reproduced Consumer Credit Agreement was of poor quality. There is a thick line running through my personal details, including my name and address, which renders parts of the document difficult to read.
- Furthermore, the address shown on the agreement is incorrectly spelt, raising doubts about the accuracy and reliability of the reproduced document.
- I do not accept that this document represents a true and legible copy of the executed agreement as required under section 78(1) of the Consumer Credit Act 1974. [EXHIBIT C Poor Quality Credit Agreement].
Impact of Delay- On or around the 14th August 2025, I received a Notice to 'Lift the Stay'. This was then followed by a Notice of Hearing at the Leeds County Court, received on or around the 29th of September 2025.
- In the application notice, it shows that this document was completed by the claimant's solicitors, Mortimer Clarke, on the 27th of June 2025, some 2 years 10 months after the claim form was first received from the Court.
- Total days from claim being stayed (06/10/2022) to date of Claimants N244 application (14/08/2025) is 163 days (2 years, 10 months, 8 days)
- The Claimant has not provided a good reason for waiting around 2 years 10 months to make an application notice to 'lift the stay'.
To lift a stay the following test of "appropriateness" should be applied.
In applying this test Chief Master Marsh considered Football Association Premier league LTD v O'Donovan (2017) EWHC 152 (Ch). :
Whether the claimant had an adequate explanation for the delay
Claimant stated, “The Agreement was assigned to our client by Sainsburys which meant our client needed to contact Sainsburys to obtain the documentation and information needed to respond to your defence”.
Whether the claimant's claim has (at least) a real prospect of success
The Claimant failed to pursue the claim diligently, provided no adequate explanation for the 2 year 10 months delay, and only disclosed essential documents after the claim had already been stayed - The prolonged delay in receiving the requested documents and reactivation of a lengthy stay has caused significant prejudice to my case and has caused me considerable emotional distress
A. The uncertainty surrounding the unresolved litigation has been mentally taxing, particularly given the absence of meaningful communication from the Claimant during the stayed period.
B. I have acted reasonably and in good faith throughout the process, seeking documentation and clarity from the outset, only to be met with delay and vague correspondence.
C. I reasonably believed the matter had come to a close due to the Claimant’s failure to act within the court’s specified timeframe.
D. Allowing the claim to be reinstated now would cause unnecessary prejudice and prolong the emotional strain caused by this drawn-out process. - I have acted reasonably and in good faith at all times, making lawful requests for information I am entitled to under the Civil Procedure Rules, the Consumer Credit Act 1974, and data protection law.
- The Claimant and its solicitors, however, failed to comply with their procedural and statutory obligations in a timely manner.
- I respectfully ask the Court to take into consideration the extended delay in disclosure, and the poor quality of the documentation provided, and the impact these factors have had on my ability to defend this claim effectively.
Personal Circumstances- I wish to inform the Court that I am the full-time parent of two young children, aged 7 and 4, who have been in my full-time care since 16 August 2025.
- Earlier this year, my mother suffered a mini stroke and is now on prescribed medication as part of her recovery. I have a copy of her prescription available as evidence if required by the Court.
- As a result, I have been providing her with additional support while also caring for my children full-time. These responsibilities have understandably placed additional emotional and practical pressures on me.
- Despite these challenges, I have continued to engage with this matter in good faith and have made every effort to comply with court procedures and correspondence.
- I respectfully ask the Court to take these personal circumstances into account when considering my position and any directions or orders made in this case.
Statement of Truth
I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed: ___________________________
Name: ======
Dated: 2====
Comment
Comment