**DISCONTINUED!!!!!!!!** - Cabot / ME IV Limited / Mortimer Clarke claim

[MOLLYLOLLY]

Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

That's a good find Molly!!

Yes, I think so too @nemesis45

So to update...

I called Sky and, after a bit of a struggle to access my old account because I couldn't remember the password I had set (well, who would after six dormant years!) and it being further locked down due to a note on it saying something to the effect of "under no circumstances should access be granted unless the correct password is given" (smh - lol, a victim of my own security demand from way back then), I had a very productive conversation with them.
@R0b you're recollection of their SAR process hasn't changed much, just that they didn't appear to have a particular department to put me through to and the customer service agent that attended my call was going to go through the form with me there and then, and then submit it to the relevant person/department to gather the information. There is also a £10 charge for it.

Before completing it he asked what I was hoping to get from the request/required the information for (not that I was obliged to tell him). I explained my plight in thorough detail in terms of the dates and times of activities I still have emails of in my possession, when I made the cancellation call, and the looming court case. He could see everything that I mentioned but had difficulties drilling down further into sections of the notes to see what had gone awry after I had notified them of the fraudulent order in my name and cancelled it.

At this point he went off to consult with his senior as to the next steps as he couldn't complete the SAR form without having access to the additional information.

He returned with the following explanation:

He had escalated the issue to the Operations Manager who would need to open a CRF (Customer Resolution Form) in order to go back on my account to the time in question (2011), as the general front line advisers can only go back so far, 12 months. He could see that come May 2012 the account had been completely cancelled down and that there was a balance of £174.99 representing an early cancellation fee. I explained that I had cancelled the order and brought it to their attention prior to and, thereby stopping, the installation so why would there be any fee, as the new service had not commenced? He concurred but couldn't give an explanation, only proceeded to apologise on Sky's behalf and said he would put an urgency notice on the request to his Operations Manager. Bless him.

He has promised to follow it up with the Operations Manager tomorrow and call me back during his shift between 13:30-22:00, to provide me with the CRF reference so I can at least make mention of my contact with Sky in my defence and tell them that they are dealing with it.

I feel a little less stressed but not resting on my laurels just yet, as there is still the question of the CPR to deal with and whether I can/should send one off, and also drafting my defence.

Any further guidance would be greatly appreciated please, I have to file my defence by this Friday, 10 March 2017 (the 33 days deadline I calculated to be Saturday 11 and was informed by the CCBC that I can go over to the next working day (being the Monday if at a weekend) but I'd rather get it over and done with by Friday.

Many thanks in advance all, I welcome your feedback and assistance.

[nemesis45]

Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

Yes, I think so too @nemesis45

So to update...

I called Sky and, after a bit of a struggle to access my old account because I couldn't remember the password I had set (well, who would after six dormant years!) and it being further locked down due to a note on it saying something to the effect of "under no circumstances should access be granted unless the correct password is given" (smh - lol, a victim of my own security demand from way back then), I had a very productive conversation with them.
@R0b you're recollection of their SAR process hasn't changed much, just that they didn't appear to have a particular department to put me through to and the customer service agent that attended my call was going to go through the form with me there and then, and then submit it to the relevant person/department to gather the information. There is also a £10 charge for it.

Before completing it he asked what I was hoping to get from the request/required the information for (not that I was obliged to tell him). I explained my plight in thorough detail in terms of the dates and times of activities I still have emails of in my possession, when I made the cancellation call, and the looming court case. He could see everything that I mentioned but had difficulties drilling down further into sections of the notes to see what had gone awry after I had notified them of the fraudulent order in my name and cancelled it.

At this point he went off to consult with his senior as to the next steps as he couldn't complete the SAR form without having access to the additional information.

He returned with the following explanation:

He had escalated the issue to the Operations Manager who would need to open a CRF (Customer Resolution Form) in order to go back on my account to the time in question (2011), as the general front line advisers can only go back so far, 12 months. He could see that come May 2012 the account had been completely cancelled down and that there was a balance of £174.99 representing an early cancellation fee. I explained that I had cancelled the order and brought it to their attention prior to and, thereby stopping, the installation so why would there be any fee, as the new service had not commenced? He concurred but couldn't give an explanation, only proceeded to apologise on Sky's behalf and said he would put an urgency notice on the request to his Operations Manager. Bless him.

He has promised to follow it up with the Operations Manager tomorrow and call me back during his shift between 13:30-22:00, to provide me with the CRF reference so I can at least make mention of my contact with Sky in my defence and tell them that they are dealing with it.

I feel a little less stressed but not resting on my laurels just yet, as there is still the question of the CPR to deal with and whether I can/should send one off, and also drafting my defence.

Any further guidance would be greatly appreciated please, I have to file my defence by this Friday, 10 March 2017 (the 33 days deadline I calculated to be Saturday 11 and was informed by the CCBC that I can go over to the next working day (being the Monday if at a weekend) but I'd rather get it over and done with by Friday.

Many thanks in advance all, I welcome your feedback and assistance.

Good morning Molly,

Take a look at the template defences in the green box above amend/edit then make a draft and post here then we can go through it with you

nem

[MOLLYLOLLY]

Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

Good morning Molly,

Take a look at the template defences in the green box above amend/edit then make a draft and post here then we can go through it with you

nem

Bless you [MENTION=55034]nemesis45[/MENTION], I'll get to completing it and will post shortly.

[nemesis45]

Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

Bless you @nemesis45, I'll get to completing it and will post shortly.

OK I'll look out for your post .

nem

[MOLLYLOLLY]

Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

OK I'll look out for your post .

Here it is [MENTION=55034]nemesis45[/MENTION], I've tried to do my best with bits from both templates.

The red coloured paras require much guidance please as I don't know whether (1) the CPR should still be submitted, in which case I will need to rejig the wording to be relevant; and (2) the disclosure I have made about the services being fraudulent and my contact with Sky.

Thank you so much for casting your eye over this, and to everyone that has contributed thus far, I really am grateful :-) I just want it off and on its way so I can concentrate on funeral issues.

---

IN THE COUNTY COURT BUSINESS CENTRE CLAIM NO. CCBC999

B E T W E E N:

ME IV LIMITED
Claimant

- and -

MOLLYLOLLY
Defendant


---------------------
DEFENCE
---------------------


1. The Claimant’s claim form fails to adequately set out the nature of the Claim.

2. Each and every allegation in the Claimant’s Particulars of Claim is denied unless specifically admitted in this Defence.

3. The Claimant’s pleadings are lacking detail, there are no details as to when the alleged default occurred, the degree of default and, despite a request for information by the Defendant, the Claimant is yet to provide any details as to how the sum claimed has accrued. Accordingly, the Defendant contends that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. The Defendant reserves the right to re-plead their defence should the Claimant re-plead its claim adequately.

4. The Defendant accepts the claim was issued in the Northampton County Court Bulk Centre and that there are restrictions on pleading. However the Bulk Centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.

5. The Claimant states the claim relates to a verbal agreement between Sky UK Ltd and the Defendant to provide the Defendant with subscription service(s).

6. It is denied that the Defendant entered into an agreement with Sky UK Ltd for the provision of services as alleged by the Claimant.

7. The Defendant believes that the services were acquired fraudulently using their details of which they notified Sky UK Ltd on or around 10 March 2012 as soon as it came to the Defendant’s attention.

8. The Defendant duly cancelled the fraudulently obtained subscription services on or around 10 March 2012 which was prior to the pre-arranged installation date set by Sky of 13 March 2012 as detailed in their email dated 9 March 2012.

9. The Defendant also changed the user ID/password on the account and expressly confirmed that no access should be given to it unless the password could be quoted.

10. The Defendant requested that the account be closed.

11. The Claimant’s Particulars of Claim fail to state precisely when the agreement was entered into or specifically what the agreement was for.

12. The Claimant’s Particulars of Claim states that the account was assigned from Sky UK Ltd to ME IV Limited but fails to specify exactly when this was and makes no mention of having served notice of the assignment to the Defendant pursuant to the Law of Property Act 1925.

13. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

14. Upon the Claimant clarifying matters set out above the Defendant reserves their right to amend this Defence further. The Defendant shall seek the costs of the amendments from the Claimant due to the Claimants failure to plead its case adequately.

15. On the 7 March 2017 the Defendant sent a formal request for information to the Claimant’s legal representatives, Mortimer Clarke Solicitors Ltd. The request was made pursuant to sections 77-79 of the Consumer Credit Act 1974 to ascertain the agreement, which the Claimant is demanding payment under and to obtain further information about the terms of the agreement. The Defendant enclosed the statutory £1.00 fee.

16. The Defendant awaits the Claimant’s compliance with the request under sections 77-79 of the Consumer Credit Act 1974 and by virtue of such cannot enforce the agreement.

17. The Claimant is yet to reply and has not disclosed any documents relating to their claim to the Defendant to date.

18. The Defendant has also sent a request for inspection of documents on the ?? March 2017 to the Claimant’s legal representatives, Mortimer Clark Solicitors Ltd, mentioned in their Particulars of Claim as allowed under CPR 31.14.

19. The Claimant’s legal representatives, Mortimer Clark Solicitors Ltd, have not yet complied with this request and the Defendant awaits receipt of the documentation requested under CPR 31.14.

20. [The Defendant has asked the Claimant if they will agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.] or [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.]

21. On 8 March 2017 the Defendant made a Subject Access Request by telephone to Sky UK Ltd. Due to the length of time that has lapsed and limited access to the account in question the adviser could not process the request at that time and said it would be escalated to the Operations Manager. The adviser promised to call the Defendant the following day with an update.

22. On 9 March 2019 Sky UK Ltd contacted the Defendant by telephone to update on the process as it had in turn been escalated by the Operations Manager direct to the internal team that deals with their CRF (Customer Resolution Form) matters. The Defendant was informed that they should expected a call, and for a form to be despatched which required completion and return with the sum of £10.

23. The Defendant requested that Sky UK Ltd email the form to speed up the process, but was given no guarantee that this would be possible only that the request was duly noted on the Defendant’s account.

24. Sky UK Ltd provided the Defendant with a Case Notes Reference for this matter as 76958529.

25. The Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the claim is based. In the event the Claimant fails to re-plead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the claim out.

26. 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.

27. The Defendant requests the court orders the Claimant to provide the necessary documentation in order for the Defendant to fully plead their case else the claim should stand struck out.

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

29. 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.


Signed …………………………………
(MOLLYLOLLY)


Dated ………………………………….

[nemesis45]

Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

Hello Molly,

I've had a quick read looks good, but I will go through everything this evening and get back to you.

nem

[nemesis45]

Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

Good morning,

The " fraud " was reported to Action Fraud/Police and a crime number issued was it not?
nem

[MOLLYLOLLY]

Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

Good morning,

The " fraud " was reported to Action Fraud/Police and a crime number issued was it not?
nem

Good morning [MENTION=55034]nemesis45[/MENTION].

No, I didn't report it to either of those I'm afraid. I just notified Sky and they cancelled it.

[nemesis45]

Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

Good morning @nemesis45.

No, I didn't report it to either of those I'm afraid. I just notified Sky and they cancelled it.

OK Molly,

Nothing to add!
nem

[MOLLYLOLLY]

Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

OK Molly,

Nothing to add!
nem

So is it good to go then, my red text paras relating to the fraud and contact with Sky can stay in?

What do you propose about the pending CPR red text paras - should I still submit it to them with my suggested rewording to cover the documents they didn't mention as they may be relying on them for their claim?

[nemesis45]

Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

So is it good to go then, my red text paras relating to the fraud and contact with Sky can stay in?

What do you propose about the pending CPR red text paras - should I still submit it to them with my suggested rewording to cover the documents they didn't mention as they may be relying on them for their claim?

Definitely as to documents and a Verbal Agreement, you did not receive the SKY routine written acknowledgment issued when a telephone operative makes an agreement.

In the normal course of events if this gets as far as a hearing the claimant ( and you) will have to file a Witness Statement and provide copies of All documents that are to be relied upon in court at least 14 days prior to a hearing.

nem

[MOLLYLOLLY]

Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

Definitely as to documents and a Verbal Agreement, you did not receive the SKY routine written acknowledgment issued when a telephone operative makes an agreement.

In the normal course of events if this gets as far as a hearing the claimant ( and you) will have to file a Witness Statement and provide copies of All documents that are to be relied upon in court at least 14 days prior to a hearing.

nem

I'm sorry [MENTION=55034]nemesis45[/MENTION], I don't quite understand what you mean in your first sentence above.

Here is a copy of the CPR I had proposed to submit. Again, the red text paras I am unclear about, in particular with reference to agreeing to allow more time for them to comply and me to file a defence as the deadline is kind of today! They will not receive it with enough time to say whether they agree to an extension or not and I surely cannot wait until I hear from them and miss the filing deadline. I was thinking of emailing it but I really don't want them to start corresponding with me via email.

---

ME IV Limited
c/o: Mortimer Clarke Solicitors Ltd
16-22 Grafton Road
Worthing
West Sussex BN11 1QP



Dear Sirs

Re: Account Number XXXXXXXXXX

Claim Number: XXXXXX

Request for documents both mentioned and omitted from mention in a statement of case under CPR 31.14 on which it is intended to rely upon

I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to fully plead my defence and/or counterclaim, I require inspection of the documents you have both failed to mention and mentioned in your Particulars of Claim but no doubt intend to rely upon in your claim, [ahead of filing my defence on 11.03.2017].

1. Agreement
2. Default Notice
3. Assignment
4. Formal Demand

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to you with the statutory fee of £1.

I look forward to hearing from you.

Yours faithfully

MollyLolly

Enc. Copy CCA request letter to ME IV Limited c/o: Mortimer Clarke Solicitors Ltd dated 06.03.2017.

[pt2537]

Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

I'm sorry @nemesis45, I don't quite understand what you mean in your first sentence above.

Here is a copy of the CPR I had proposed to submit. Again, the red text paras I am unclear about, in particular with reference to agreeing to allow more time for them to comply and me to file a defence as the deadline is kind of today! They will not receive it with enough time to say whether they agree to an extension or not and I surely cannot wait until I hear from them and miss the filing deadline. I was thinking of emailing it but I really don't want them to start corresponding with me via email.

---

ME IV Limited
c/o: Mortimer Clarke Solicitors Ltd
16-22 Grafton Road
Worthing
West Sussex BN11 1QP



Dear Sirs

Re: Account Number XXXXXXXXXX

Claim Number: XXXXXX

Request for documents both mentioned and omitted from mention in a statement of case under CPR 31.14 on which it is intended to rely upon

I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to fully plead my defence and/or counterclaim, I require inspection of the documents you have both failed to mention and mentioned in your Particulars of Claim but no doubt intend to rely upon in your claim, [ahead of filing my defence on 11.03.2017].

1. Agreement
2. Default Notice
3. Assignment
4. Formal Demand

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to you with the statutory fee of £1.

I look forward to hearing from you.

Yours faithfully

MollyLolly

Enc. Copy CCA request letter to ME IV Limited c/o: Mortimer Clarke Solicitors Ltd dated 06.03.2017.

The
first section in red can be omitted, the second part about CPR rule 15.5 you need to set down the date for the Defence, so i would say something like

I also respectfully request that you agree an extension of time for service of my defence, i would ask for an extension until 4pm on 27th march 2017 .......


You can agree up to an extra 28 days giving you a total of 56 days for the defence, so set the date accordingly

[MOLLYLOLLY]

Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

The
first section in red can be omitted, the second part about CPR rule 15.5 you need to set down the date for the Defence, so i would say something like

I also respectfully request that you agree an extension of time for service of my defence, i would ask for an extension until 4pm on 27th march 2017 .......


You can agree up to an extra 28 days giving you a total of 56 days for the defence, so set the date accordingly

Thank you kindly @pt2537 for your contribution. I will remove the first red section as suggested.

However, I'm trying to get clear in my head what exactly I should be doing now....

The 33 day deadline for filing my defence is tomorrow, although I am working to today. In my mind I have to file my defence today/tomorrow, regardless - UNLESS, of course, I emailed the CPR to them now and they got back to me before 4pm to agree to an extension, right?.

However, if I am to send the CPR at this 11th hour asking for an extension do I not run the risk of missing my defence deadline in the event they do not consent?

I'm sorry, but I'm a little confused here.

[Diana M]

Re: URGENT ASSISTANT REQUIRED PLEASE - Cabot / ME IV Limited / Mortimer Clarke claim

The 33 day deadline for filing my defence is tomorrow, although I am working to today. In my mind I have to file my defence today/tomorrow, regardless

If your Defence deadline falls on a weekend (or Bank Holiday) then you can file it by 4 pm on the next working day i.e. Monday 4 pm.

Di