CCJ Next help with defence- Statue barred?

[Busyb]

I have been advised to post here for advice, i have had a look around so have started putting things together

Received a claim? Yes/No: Yes
Issue Date02/06/2023
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) 1400
Claimant’s Name: Cabot Financial (uk) Limited
Solicitors Firm: Mortimer Clarke solicitors
Original Creditor Marbles
Original Debt (eg. Credit card/Loan/Overdraft) : Credit card
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): By an agreement between New day LTD Re Marbles & the defendant on or around the 28/07/20169 (‘the agreement’) New Day Re Marbles agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due. The agreement was terminated following the service of a default notice. The agreement was 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 clamant therefore claims 1 xxxx 2 costs.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Yes according to advice form the national debt line. Default letter sent on the 17^th of March 2017
List any letters you have sent (eg: CCA/ CPR ): Out of time letter
Any Other Information or Background Details:
I had not heard anything about this until i had the pre claim letter and i didn't recognise it. I replied to the pre action letter stating I didn’t know if it was my debt. Ask for credit agreement, statements and default letter which I received eventually. Also included was and income expenditure form. Got advice from the national debt line who said send out of time letter. Got a reply saying the account was closed in August 2017 so as far as their client is concerned it is in time. Then got this ccj, have said I intend to defend. Last payment Jan 2017 no contact except as above.

I am currently working on my defence using the guidance on here but at the moment i just relying on it being statute barred, i have read that's not great. Any Advice. Thanks.

[echat11]

Hi BusyB

Welcome to LB

You state the following 'Then got this ccj', I think what you received is a Court Claim, not a CCJ.

So you stopped making payments in January 2017, the account was closed in August 2017. (Depending on the T's and C's, a default notice is normally issued after 3 missed payments).

Has there been any communications admitting the debt in writing over the last 6 years?

Because you've Acknowledged Service, you have 14 + 14 days to file your defence. Make a note of the date when it's due.

[Busyb]

No i have not admitted the debt in writing at all. Sorry yes a court claim.

[echat11]

Copy and paste your Defence on this thread, remove all personal details.

The important bit is the default notice. It sounds like it's Statuted Barred, rely on the Limitation Act in your Defence, the Creditor has 28 days to respond to your Defence. See what they have to say in their response.

[Busyb]

Thanks for your help

This is what i have got so far-
DEFENCE
1.The Defendant received the claim Claim Number from Northampton County Court on 02/6/2023
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 agreement regulated under the Consumer Credit Act 1974.
4.It is admitted that the Defendant has previously entered into [an agreement with the Claimant 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 28/07/2016
7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years
8.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
I believe the claimant or as may be believes that the facts stated in this [name document being verified] are true. I understand The claimant or as may be understands 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.


Not sure i can include anything else although i don't fully understand some of the points

Am i right in thinking i need to leave it as late as possible to send this. Do i just write this on the money claims site or do i have to send it to Mortimer Clarke as well?

[echat11]

Thanks for your help

This is what i have got so far-
DEFENCE
1.The Defendant received the claim Claim Number from Northampton County Court on 02/6/2023
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 agreement regulated under the Consumer Credit Act 1974.
4.It is admitted that the Defendant has previously entered into [an agreement with the Claimant 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 28/07/2016
7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years
8.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
I believe the claimant or as may be believes that the facts stated in this [name document being verified] are true. I understand The claimant or as may be understands 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.


Not sure i can include anything else although i don't fully understand some of the points

Am i right in thinking i need to leave it as late as possible to send this. Do i just write this on the money claims site or do i have to send it to Mortimer Clarke as well?

a) Not sure i can include anything else although i don't fully understand some of the points

You should have 17 points in your Defence from the Example Defence. You should also send a CCA Request and CPR31.14 Request, you are trying to cover all possibilities.

b) Am i right in thinking i need to leave it as late as possible to send this.

Yes, but don't compromise forgetting to send it for leaving it late.

c) Do i just write this on the money claims site

You can copy and paste it on to MCOL.

d) or do i have to send it to Mortimer Clarke as well?

Always good to post a copy to Mortimer Clarke, make sure you get Proof of Postage.

[Busyb]

Thank you. Should i still send the CCA and CPR31.14 even though they have already sent me a copy of the credit agreement, statements and notice of assignment back in Feb?

[Busyb]

I have had another go at my defence-

DEFENCE
1.The Defendant received the claim xxx from the Northampton County Court on xxx

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 Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Marbles 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/xxxx

7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years

8.The Claimants statement of case states that the account was assigned from Marbles to Cabot financial xxx. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Marbles 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.
Should I remove this as they did and it looks compliant

10.On the 15/06/2023 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 and Notice of Assignment.

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

12.On the 15/06/2023 The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

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

14.The Defendant have asked the Claimant if we may 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. [The Parties agreed to an extension to the time period allowed for filing of the 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.
Should I remove 11,12, 13 and 14 if sent to me before submitting my defence?

15.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.

16.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.

17.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.
Again should 15 and 16 be removed if documents received before submitting defence?

18.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
I believe the claimant believes that the facts stated in this [name document being verified?] are true. I understand The claimant understands 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.

feeling a bit out of depth so thanks for looking at this and all advice.

[echat11]

DEFENCE
1.The Defendant received the claim xxx from the Northampton County Court on xxx

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 Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Marbles 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 or around the xx/xx/xxxx

7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years

8.The Claimants statement of case states that the account was assigned from Marbles toCabot Financial (uk) Limited.
The Defendant does not recall receiving notice of this assignment.

9.On the 15/06/2023 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 and Notice of Assignment

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

11.On the 15/06/2023 The Defendant sent a formal request for a copy of the original agreement to Cabot Financial (uk) Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with 78 (1) Consumer Credit Act 1974 and by virtue 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 that 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.


a) Just because they find and send them, it doesn't mean that they are compliant.
'Should I remove 11,12, 13 and 14 if sent to me before submitting my defence?'

b) No need, as above, 'Again should 15 and 16 be removed if documents received before submitting defence?'

[Busyb]

Thank you for your help, letters have been sent. Just waiting to put in defence now.