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

[nemesis45]

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

I think I was paying by DD, tried looking at statements from my online banking but wouldn't go back that far.

Another problem is I have zero details I could give them bar my name and previous address. Not even the card number.

Any details on the claim form or your credit files?

nem

[Noah]

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

http://www.legalbeagles.info/forums/...erms-agreement

These are T&C's from a 2007 agreement and state that only after sending a default notice would they default you and that only happened if the account appeared irredemably damaged , I would take that as meaning something like a DMP or Bankruptcy
Look at page LB10.
If however they believe it is a remedial breach they will give you a month to put it right

I suppose it all depends on circumstances etc

Try calling them
name adress postcode may bring something up

[KjGarly]

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

Phoned them, 20 minutes later still no joy. Passed the security questions first when I spoke to someone explaining I no longer had access to the card and gave my name, address the account was linked to and my DOB. When he tried checking back to a last payment he couldn't get security clearance for it. Gave me an address to ask in writing.

[nemesis45]

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

Phoned them, 20 minutes later still no joy. Passed the security questions first when I spoke to someone explaining I no longer had access to the card and gave my name, address the account was linked to and my DOB. When he tried checking back to a last payment he couldn't get security clearance for it. Gave me an address to ask in writing.

Why not send Capone a Subject Access Request under the provisions of The Data Protection Act 1998 for all the " personal " data the company holds on you.

There is a £10.00 statutory fee for this, the request should be addressed to the Data Controller Capital One Bank, a 40 day timescale is allowed but response has usually been much quicker.


nem

[KjGarly]

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

Still nothing (touch wood) from either Cabot or MC so say failing to get anything back from them by next week (23rd) what would I need to put as a defence and do you do it online or need to do it in writing?

[nemesis45]

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

Still nothing (touch wood) from either Cabot or MC so say failing to get anything back from them by next week (23rd) what would I need to put as a defence and do you do it online or need to do it in writing?

hi, have a look at the defence example in the green box above get an idea of what's needed,
You can file online at MCOL ( money claim online) same site as used for acknowledgment of service.

nem

[KjGarly]

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

Thank you Nem, I take it I just need to edit out the points that don't apply to my case?

[charitynjw]

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

[MENTION=55034]nemesis45[/MENTION]

[nemesis45]

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

Thank you Nem, I take it I just need to edit out the points that don't apply to my case?

Yes KG the template is there for you to amend,

nem

[KjGarly]

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

I'm really confused as to what I need to put in my defence, going by the defence example I'd already put most of the points in:

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 Claimants statement of case states that the account was
assigned from Capital One to Cabot Financial (UK) LTD. The
Defendant does not recall receiving notice of this assignment.




6. It is denied that Capital One 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.




7: 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.




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




9. 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.




10. 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.




11. 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.




12. 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.




13. 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.




14. 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 do I only need to point the omitted points in about not getting any documents from Cabot or Mortimer Clarke?

1. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

I think that was the only omitted defence point, would I repeat the point about not getting anything from Cabot or Mortimer even though it was mentioned in my first defence entry?

And how do you put in another defence on the MCOL site? I see no option to add a new defence or amend the first one.


@nemesis45

(Sorry didn't know I could tag people in until reading other people's threads)

[KjGarly]

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

Anyone? This thicko needs help :duh:

[nemesis45]

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

I'm really confused as to what I need to put in my defence, going by the defence example I'd already put most of the points in:



So do I only need to point the omitted points in about not getting any documents from Cabot or Mortimer Clarke?



I think that was the only omitted defence point, would I repeat the point about not getting anything from Cabot or Mortimer even though it was mentioned in my first defence entry?

And how do you put in another defence on the MCOL site? I see no option to add a new defence or amend the first one.


@nemesis45

(Sorry didn't know I could tag people in until reading other people's threads)

There is no option to submit another defence on MCOL.

nem
If the claim continues towards trial you can then expand on the defence in your Witness Statement,

[KjGarly]

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

So just to be clear I've just got to leave it now till I hear something else from either Cabot, Mortimer or County Court? [MENTION=55034]nemesis45[/MENTION]

[nemesis45]

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

So just to be clear I've just got to leave it now till I hear something else from either Cabot, Mortimer or County Court? @nemesis45

Now your defence has been filed the claimant has 28 days to respond, if they fail to do so the court will stay the claim. You will not be informed if this happens so you will need to contact the court when time runs out to check on the status of the claim

nem

[KjGarly]

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

Now your defence has been filed the claimant has 28 days to respond, if they fail to do so the court will stay the claim. You will not be informed if this happens so you will need to contact the court when time runs out to check on the status of the claim

nem

Just got off the phone with CCBC and the lady I spoke to said the case was stayed on the 19th of this month. Wasn't sure if Cabot had applied to carry on due to being behind with claims at the moment but told me if they hadn't applied by the 19th and they try after then they'd need to pay a fee or something to start again.