Cabot CCJ Issue

[echat11]

a) Requests for documentation - needs to be numbered 1 - 9
b) (see proof pic 2 court defence receipt letter) - should read (see Exhibit A, page 1). You will compile an Evidence Bundle, each piece of evidence will be given a letter of the alphabet and a page no.
You don't want any gaps in your evidence.
c) You can add these to the end of the Evidence Bundle, they are only relevant if the Creditors says we didn't receive this or that document.
d) Quality and Accuracy of Provided Documents - I noted that the reproduced Consumer Credit Agreement was of poor quality. Change poor quality to 'illegible'.
Remove the following completely -'There is a thick line running through my personal details, including my name and address, which renders parts of the document difficult to read.'. Remove 'Poor Quality Credit Agreement;
e) Under Lift of Stay you are updating the timeline from when the end of the 2 years 7 months i.e. On XXth XXXX XXXX I received from XXXXXX County Courts XXXXX form, On XX the Claimant sent the following document etc.

Then there is more to do. We will get this done.
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Witness Statement of ===========
Claim No: ========
In the County Court at: Leeds County Court
Between:
Cabot Financial – Claimant
and
============== – Defendant

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Witness Statement of XXXXXXXX XXXXXXX
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.

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Background

1. On the 18^th 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.
2. 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.

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Requests for Documentation

1. On or around 30^th 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.
2. 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.
3. 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.

1. 3. On or around the 2^nd September 2022, the Claimants solicitors replied to my written request for documents under Civil Procedure Rule 31.14, without the documents requested.
2. On or around the 6^th of September 2022, I submitted my defence to the court.
3. 5. On or around the 7^th 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)
4. 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.
5. 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.
6. This prolonged delay prevented me from being able to review the evidence against me or prepare a proper defence within a reasonable time.

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Quality and Accuracy of Provided Documents

1. When the documentation was finally received (On or around the 17^th 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.
2. Furthermore, the address shown on the agreement is incorrectly spelt, raising doubts about the accuracy and reliability of the reproduced document.
3. 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].

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Application to 'Lift of Stay'

1.
2.
3.
4.
etc.

[teddyben55]

Hi echat11 thanks again for all your wisdom.
When I paste into this thread it jumbles all the numbers around so i have attached a work document for viewing

I look forward to hearing from you

[teddyben55]

see word doc attached

[echat11]

see word doc attached

Have you completed the points a) to e) as suggested in post 31?

[teddyben55]

Hi echat11 yes i believe i have

[echat11]

16. Notice of Hearing at the Leeds County Court - Is there a date?

Add heading after No.17 - The 'Appropriateness Test' against Lifting the Stay

19. The Claimant has not provided a good reason for waiting around 2 years 10 months to make an application notice to 'lift the stay'. - b) Remove the word 'around', add '8 days'.



There is a good reason to follow this as laid out, it's because it's an appropriate test, if you don't how can the Judge apply the appropriate test?.

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


Still a lot to do, one step forward, two steps back.

[teddyben55]

Good morning echat11 Not to sound like a broken record but again thank you for all your help with this.
Please see word document attached.
Couple of questions
Is it worth reading up on the test chief master marsh? if i read a refined version of the case will that be enough if its brought up?
Can i send my witness statements and cover letter via email to the court and Mortimer Clarke must i back this up with a posted version?
The N180 form only goes to the court?

Thanks again

[echat11]

You still haven't added the The 'Appropriateness Test'.

You have to write the words in RED in your Witness Statement and underneath your responses.

1. Whether the claimant had an adequate explanation for the delay -

Your response

2. Whether the claimant's claim has (at least) a real prospect of success -

Your response

3. The defendant's behaviour and whether any of the delay was caused by the defendant -

Your response

4. The nature and extent of any prejudice the defendant would suffer in the event that the stay is lifted -

Your response

5. Whether any attempts were made by the claimant in the 6 months to revive the claim -

Your response

You've been given links / post numbers. The Judge when he looks at the quoted case, he will understand off the bat what you are saying.
You are making it more difficult for yourself.

[teddyben55]

Apologies echat11 i uploaded the wrong one see attached

Many thanks

[teddyben55]

Hi echat11 do i fill in the mediation part of the N180?

Best regards

[echat11]

Apologies echat11 i uploaded the wrong one see attached

Many thanks

a) Number the 'Appropriateness Test', you can use a to e.
b) I don't think you have enough added enough exhibits (it's up to you)
c) You should add a heading at the end, point 26 'Conclusion', something along the lines of the Court should not 'lift the stay' in this
case because of the evidence provided in this case by me.
d) Point 9 you left this in, (see proof pic 2 court defence receipt letter), I suggested, back of Evidence Bundle.
e) You should include a copy of Football Association Premier league LTD v O'Donovan (2017) EWHC 152 (Ch) in your Evidence Bundle.

Is it worth reading up on the test chief master marsh?

Yes, but there will be 'summaries' that will explain the case and why it's important when applied to you case.

if i read a refined version of the case will that be enough if its brought up?

Yes, as above.

Can i send my witness statements and cover letter via email to the court and Mortimer Clarke must i back this up with a posted version?

You can email them to the Court and Mortimer Clarke / providing they will accept it (in the Subject line write the Claim Number, Defendants Witness Statement, XXXXXXX v XXXXXXX, post them as well, but also take 3 copies to Court with you just in case, hand them to the Usher and their representative as soon as you get there.

The N180 form only goes to the court?

I'm not sure of the relevance of this, you'll have to explain.

[teddyben55]

Hi echat11 thanks again for all this
The N180 directions questionnaire has a section about mediation do I fill this in?
I believe I send a copy of the N180 questionnaire, cover letter, witness statement and all evidence to Mortimer clarke as well?

Best regards

[echat11]

Hi echat11 thanks again for all this
The N180 directions questionnaire has a section about mediation do I fill this in?
I believe I send a copy of the N180 questionnaire, cover letter, witness statement and all evidence to Mortimer clarke as well?

Best regards

If you have to fill in a Directions Questionnaire the Court will ask you to do that in a 'Court Order'.
They haven't asked you to do that. This Hearing is about 'Lifting the Stay'.

[teddyben55]

echat11 Ah ok great thank you.
Apart from Cover letter, witness statement and evidence bundle do i need to submit anything else?

Best regards

[echat11]

echat11 Ah ok great thank you.
Apart from Cover letter, witness statement and evidence bundle do i need to submit anything else?

Best regards

No, what are you going to write in your cover letter?

What you are sending is self - explanatory, you don't need a cover letter.