Cabot / Mortimer Clarke - Money Claim Received

[Mocklangone]

Hi,

I received a money claim pack regarding a store card debt which was originally with Ikano bank and then assigned to cabot and recently Mortimer clarke became involved. Due to some personal circumstances I wasn't receiving the mail from Mortimer Clarke so until now was blissfully unaware of how far along the road this was. I did receive a phone call but when they stated the company name i actually hung up the phone as I thought I had no reason to be dealing with them! I have done a lot of reading and after receiving the claim a couple of days ago, I have accepted the claim through the online portal and confirmed the service date on the webchat which will be June 1st, 4PM.

I have typed out the CCA request, SAR and CPR and will be mailing those later today with postal order and making sure to retain POP.

My question is this, assuming all the documentation is supplied and is compliant, what is then my defence? Do I look to contact Mortimer Clarke and settle before the court hearing or let it play out and look to pay off the amount within a month to avoid the CCJ?

Its one thing I can't really find an answer to when reading through the posts.

Any help is greatly appreciated.

Received a claim? Yes
Issue Date: 27/04/2026
Have you Acknowledged the Claim?: YES
Total Amount Claimed : £600
Claimant’s Name: Cabot financial
Solicitors Firm: Mortimer Clarke
Original Creditor: Ikano Bank
Original Debt (eg. Credit card/Loan/Overdraft) : Store card
Particulars of Claim: By an agreement numbered xxxx between Ikano RE DFS & the defendant dated xx/xx/xxxx ('the agreement') Ikano RE DFS agreed to issue the defendant with a store card. The defendant failed to make the minimum payments due. The agreement was terminated following service of a default notice. The agreement weas assigned to the named claimant. Cabot credit management group Limited, acting as servicing agent of the named claimant through its appointed representative (Cabot financial (europe) Limited), has arranged for these proceedings to be issued in the name of the claimant. The named claimant may be entitled to claim interest under the agreement but does not seek such interest and instead claims interest under section 69(1) of the county courts ACT 1984 at 8% p.a. from xx/xx/xxx until date of issue only
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 ): SAR, CCA, CPR
Any Other Information or Background Details:

[Sheriff]

I’m in a similar situation. Received agreement and statements from solicitors.

[Mocklangone]

I have now received my SAR from Ikano Bank, and a letter from Mortimer Clarke stating that the documents couldn't be provided and they have referred back to Cabot and placed the account 'On hold'. I have looked at other posts and as far as I can tell I'm not meant to do anything until the documents are produced? is that correct? The deadline for the 28 days is up on monday and would hate for it to pass without doing something I need to. Any help appreciated.

Thanks

[echat11]

I’m in a similar situation. Received agreement and statements from solicitors.

You need to start your own thread.

[echat11]

Fill in the bits in red. Remove brackets.
You can file this via MCOL, but read it through several times.

In the [Northampton County Court Business Centre]

Claim No: [XXXXX]

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on 27/04/2026.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Store Card agreement regulated under the Consumer Credit Act 1974.

4.It is [admitted/denied – Only deny opening the account if you genuinely believe you did not open the account, otherwise admit.] that the Defendant has [previously] entered into [an agreement/agreement] with Ikano Bank for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim states the agreement was entered into on xx/xx/xx xx]

7.The Claimants statement of case states that the account was assigned from Ikano Bank to Cabot on [Date]. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Ikano Bank served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9.On the [Date] The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.Mortimer Clarke has not sent any of these documents to the Defendant.

11.On the [Date] The Defendant sent a formal request for a copy of the original agreement to Cabot pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe the facts stated in this Defence 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 ________________________________

Dated ________________________________

[Mocklangone]

Thanks very much my friend. Do I file this defence before the deadline tomorrow regardless of Mortimer Clarke stating that it is 'on hold'?

Thanks

[echat11]

Thanks very much my friend. Do I file this defence before the deadline tomorrow regardless of Mortimer Clarke stating that it is 'on hold'?

Thanks

You can wait until they comeback to you, providing you are satisfied the claim is on 'hold', and they won't try for a 'default judgement'.

[Mocklangone]

You can wait until they comeback to you, providing you are satisfied the claim is on 'hold', and they won't try for a 'default judgement'.

Hi,

I submitted defence anyway in the fear I would miss the deadline yesterday. That shouldn't go against me should it? I'm not satisfied in taking Mortimer Clarkes word for it anyway to be honest, I would rather uphold my end of the bargain in terms of responding within the timeframe etc.

Do you know what the next steps are in terms of the court etc?

thanks for your help

[echat11]

Hi,

I submitted defence anyway in the fear I would miss the deadline yesterday. That shouldn't go against me should it? I'm not satisfied in taking Mortimer Clarkes word for it anyway to be honest, I would rather uphold my end of the bargain in terms of responding within the timeframe etc.

Do you know what the next steps are in terms of the court etc?

thanks for your help

You should still continue to get the requested documents from their solicitors,
then it's up to the Creditor if they still want to pursue the claim.

If they do, you should get a Directions Questionnaire from the Court.

[Mocklangone]

You should still continue to get the requested documents from their solicitors,
then it's up to the Creditor if they still want to pursue the claim.

If they do, you should get a Directions Questionnaire from the Court.

Thanks very much for your help. I will update the post as necessary. Thanks