Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

[pt2537]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

What is the situation when generic T&Cs are personalised? (Some T&Cs that I have seen have the borrower's name printed on the top)

The question there is whether terms and conditions with a name on falls firstly into the category of personal data, and secondly whether that data is held in a relevant filing system for the purposes of the DPA.

best thing to do with this sort of issue is to look at Durrant v FSA and Ezias v Welsh ministers.

[KjGarly]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

Still not heard a peep back from Cabot, Mortimer or the County Court.

[charitynjw]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

Still not heard a peep back from Cabot, Mortimer or the County Court.

The issue date of your court claim is 15th Feb (post #1).

If you haven't heard from the claimants/claimants sols, though you still have a few days to go, if it were me, I'd be working on a defense based on 'no documents sent as per CCA & CPR requests.

[KjGarly]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

The issue date of your court claim is 15th Feb (post #1).

If you haven't heard from the claimants/claimants sols, though you still have a few days to go, if it were me, I'd be working on a defense based on 'no documents sent as per CCA & CPR requests.

Right, so I obviously wouldn't start the defense just yet would I? And is there a link to what I'd need to put in as a defense as I'd seriously worry I was doing something wrong and mess the whole thing up.

I did think I would have had a letter from the County Court BC with the date I've got to sort out a defense by but I haven't and even looking on the MCOL now there's no mention of the 28 day extend for acknowledging the claim.

[Amethyst]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

http://legalbeagles.info/forums/show...t-Court-Claims for a starting point for a defence based on lack of documents.

The 28 day extension is only agreed between parties and the court notified. It isn't a formal part of the MCOL process ( which is quite limited).

[charitynjw]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

https://www.justice.gov.uk/courts/pr...es/part15#15.5

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

[KjGarly]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

https://www.justice.gov.uk/courts/pr...es/part15#15.5

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

I think I got myself confused (Not terribly a hard thing to do nowadays..) by acknowledging the AoS it automatically extends to 33 days right to submit your defence?

So the example defense letter doesn't need to be sent by post does it? Can that be done through MCOL? Another helpful member on page 1 says I have 33 days from the date the CC letter was issued which brings my defence deadline to next week on the 19th and if that's the case I'd like to try and get it sorted and ready over the weekend.

Also I have photos of the letter and P/O that was sent to Cabot and the post office receipt with addresses and tracking numbers as I sent them signed for, are they any use if I still haven't had a response either Cabot or Mortimer next week?

[charitynjw]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

I think I got myself confused (Not terribly a hard thing to do nowadays..) by acknowledging the AoS it automatically extends to 33 days right to submit your defence?
From issue date on claim form, yes.

So the example defense letter doesn't need to be sent by post does it? Can that be done through MCOL? Another helpful member on page 1 says I have 33 days from the date the CC letter was issued which brings my defence deadline to next week on the 19th and if that's the case I'd like to try and get it sorted and ready over the weekend.
If it will fit, yes.

Also I have photos of the letter and P/O that was sent to Cabot and the post office receipt with addresses and tracking numbers as I sent them signed for, are they any use if I still haven't had a response either Cabot or Mortimer next week?
Keep them as evidence.

####

[KjGarly]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

Received a reply from Mortimer Clarke today (Nothing from Cabot just yet)

So now go through with the defense? Wanted to leave it to at least half way through the week to do just in case anything arrived..

[nemesis45]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

Received a reply from Mortimer Clarke today (Nothing from Cabot just yet)

So now go through with the defense? Wanted to leave it to at least half way through the week to do just in case anything arrived..

MC/Cabot may not advance the progress of the claim but without an agreed extension of time notified to the court you defence must be filed within the time allowed,

nem

[KjGarly]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

http://legalbeagles.info/forums/show...t-Court-Claims for a starting point for a defence based on lack of documents.

The 28 day extension is only agreed between parties and the court notified. It isn't a formal part of the MCOL process ( which is quite limited).

I'm trying to amend the defense example with my own info relating to the case but its honestly going right over my head. Am I supposed to amend and include every point 1 through to 16? I'm asking this because I didn't ask for an extension so can't put in point number 12.

[Amethyst]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

Nope leave out anything not relevant - the defenc eis meant as a guide / starting point so amend as you think fits your circumstances then post it up on here and we can have a look through for you xxx

[KjGarly]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

Nope leave out anything not relevant - the defenc eis meant as a guide / starting point so amend as you think fits your circumstances then post it up on here and we can have a look through for you xxx

OK thank you, be back asap with what I try and get right!

[KjGarly]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

1: I received the claim C1CD485H from the County Court Business Centre Northampton on 15/2/2016


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


3: This claim appears to be for a Capital One Credit Card
agreement regulated under the Consumer Credit Act 1974.


4: It is admitted that the Defendant has previously entered into
an agreement with Capital One for provision of credit.


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


[5. The particulars of claim fail to state when the agreement was
entered into.]


6. The Claimants statement of case states that the account was
assigned from [Original Creditor] to [Claimant] on [Date]. The
Defendant does not recall receiving notice of this assignment.


7. It is denied that [Original Creditor] 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.


8: On 2/3/2016 I sent a request for inspection of documents
mentioned in the claimants statement of case under Civil Procedure
Rule 31.14 to Mortimer Clarke Solicitors LTD. I requested the Claimant
provide copies of the Agreement, Default Notice and Notice of
Assignment.


9. Mortimer Clarke Solicitors LTD has not sent any of these documents to
me.


10. On the 2/3/2016 I sent a formal request for a copy of the
original agreement to Cabot Financial (UK) LTD pursuant to section 78 of the
Consumer Credit Act 1974 along with the statutory £1 fee.


11. 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.


12. 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.


13. I request the court orders the Claimants to provide the
necessary documentation in order for me to fully plead my case
else the Claim should stand struck out.


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


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


Statement of Truth


The Defendant believes that the facts stated in this Defence are
true.

So I'm stuck with number 5 and 6. 5 I haven't a clue what I'm supposed to put there and 6 I don't know the dates as I foolishly ignored and binned every letter received apart from the County Court Business Centre letter.

[Kati]

Re: Court Claim - CABOT Financial (UK) Ltd/Mortimer Clarke Solicitors/Capital One

You could take out number 5 (the PoC says the agreement was "on or around 21/08/2004" - FROM POST #1)

Number 6 ...

6. The Claimants statement of case states that the account was
assigned from [Original Creditor] to [Claimant] on [Date]. The
Defendant does not recall receiving notice of this assignment.

just leave out the date of assignment (no date mentioned in the PoC)

Apart from that, just make sure the numbers run properly :nod: xx